Native American

May 16, 2024
Oil & Gas Groups Challenge DOI Overhaul Of Leasing Regs

A coalition of oil and gas groups has slapped the U.S. Department of the Interior with a lawsuit in Wyoming federal court seeking to unravel the agency's final rule boosting bonding requirements, royalty rates and minimum bids for its onshore federal oil and gas leasing program.
May 15, 2024
9th Circ. Won't Block Arizona Mineral Drilling Projects

A Ninth Circuit panel on Wednesday refused to block drilling at an exploratory mine in a southern Arizona national forest after a coalition of conservation groups argued the project would threaten imperiled species, finding that the government adequately considered the mine's impact on wildlife.
May 15, 2024
Navajo President Seeks Approval Of Water Rights Settlement

The Navajo Nation's president has urged the federally recognized tribe's council to approve two historic water rights settlements as soon as possible, saying decadeslong negotiations have finally come to an end and now promise to secure funding for critically needed infrastructure.
May 15, 2024
McGirt Ruling Should Be In 'Full Force' In Tulsa, U.S. Says

The federal government wants to intervene in a challenge by the Muscogee (Creek) Nation to the city of Tulsa, Oklahoma, that seeks to block city officials from asserting criminal jurisdiction over tribe members on tribal lands, arguing the municipality is violating federal law reiterated in a 2020 high court ruling.
May 15, 2024
Amid Controversy, Gov. Names Tribal Police Chief As Liaison

South Dakota Gov. Kristi Noem has appointed the former Pine Ridge Reservation chief of police as her administration's new tribal liaison, saying that after he "bravely testified" before a U.S. Senate committee about the cartel presence on tribal lands, he found himself without a job.
May 15, 2024
EPA Urges La. Court Not To Broadly Block Civil Rights Regs

The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.
May 14, 2024
DOI Urges High Court To Uphold Seminole Gambling Compact

Secretary of the Interior Deb Haaland is urging the U.S. Supreme Court to deny a petition by two casino operators seeking to undo a sports gambling compact between the state of Florida and the Seminole Tribe, arguing that such agreements may include provisions that address matters off tribal lands.
May 14, 2024
5 Takeaways From FERC's Grid Planning Policy Overhaul

The Federal Energy Regulatory Commission's sweeping revision of its regional transmission planning policies will completely transform how U.S. grid projects are planned and paid for, but the agency's muscular approach will invite plenty of compliance and legal challenges. Here are five key takeaways from the rule finalized by FERC on Monday.
May 14, 2024
9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid

The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.
May 14, 2024
Wash. Biz Groups Say EPA Water Regs Impossible To Follow

Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."
May 14, 2024
9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute

The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.
May 13, 2024
Hunting Groups Want In On Gray Wolf Protections' Lawsuit

Several hunting groups have asked a Montana federal court to let them intervene in a gray wolf protection lawsuit brought by environmentalists against the U.S. Department of the Interior, saying they should get involved because their interests aren't adequately represented by the government.
May 13, 2024
Utah, Oil Co. Can Enter BLM Oil Lease Challenge, Judge Says

Anschutz Exploration Corp. and Utah will get the chance to fight environmentalists' lawsuit challenging the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, a Utah federal judge has ruled.
May 13, 2024
Ariz. Casino Can't Claim Immunity In Discrimination Row

Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.
May 13, 2024
US Tells DC Circ. Ayahuasca Church's Settlement Inapt

Federal regulators are telling the D.C. Circuit to ignore a recent settlement that will allow a Phoenix-based church to continue using ayahuasca in its ceremonies, saying it has nothing to do with the Iowa-based ayahuasca church challenging the IRS's refusal to give it tax-exempt status.
May 13, 2024
FERC Powers Up Major Rewrite Of Grid Planning Policy

The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.
May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend

Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
May 10, 2024
Ill. Residents Ask Court To Void Alaskan Tribal Co. Loans

Six borrowers accusing an Alaska-based tribal lending company of making usurious loans at annual rates of as much as 700% or more have filed suit in Illinois federal court, saying it violated racketeering laws and must void the already existing debt.
May 10, 2024
Ariz. GOP Wants A Say In VRA Dispute Headed For 9th Circ.

The Arizona Republican Party wants to intervene in a Voting Rights Act dispute headed for the Ninth Circuit, arguing that it intends to defend the validity of the provisions of two state redistricting laws that a lower court found violated federal law.
May 10, 2024
Oil Giants Say Tribal Climate Change Row Must Stay Federal

Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.
May 10, 2024
EPA Tightens Copper-Smelting Toxic Emissions Standards

The U.S. Environmental Protection Agency is finalizing regulations it says will reduce toxic, cancer-causing emissions from copper-smelting facilities.
May 09, 2024
Efforts To Enact Savanna's Act Falling Short, Lawmakers Say

Two U.S. senators behind a law aimed at reforming law enforcement protocols to address the crisis of missing and murdered Native American women are pressing the U.S. Department of Justice to step up its efforts to finalize its implementation.
May 09, 2024
Judge Halts DEA's Hearing On Proposed Psychedelics Ban

An administrative law judge with the U.S. Drug Enforcement Administration has ordered the agency to cancel a June 10 hearing on its proposal to ban two psychedelic substances while a researcher's federal lawsuit challenging the agency's actions plays out in court, according to an order made public Thursday.
May 09, 2024
Caremark Can Seek Arb. In Oklahoma Tribe's Prescription Suit

An Oklahoma federal court judge has paused a dispute between the Muscogee (Creek) Nation and Caremark LLC until the pharmaceutical company can resolve a bid to compel the tribe into arbitration in an Arizona court over unpaid reimbursement claims.
May 09, 2024
Red States, Electric Co-Ops Challenge EPA Power Plant Rules

Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.

Expert Analysis

4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Clean Water Act Jurisdiction Still Murky After A Choppy 2023

This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
A Former Bankruptcy Judge Talks 2023 High Court Rulings

In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
How Purdue High Court Case Will Shape Ch. 11 Mass Injury

The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
Opinion

Legal Profession Gender Parity Requires Equal Parental Leave

To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.