Native American

  • November 15, 2024

    FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told

    The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.

  • November 15, 2024

    Wis. Agency Issues Permits To Reroute Enbridge Pipeline

    The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.

  • November 14, 2024

    Trump Picks ND Gov. To Lead Interior Dept.

    President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.

  • November 14, 2024

    Trade Groups Back Red States In EPA Water Rule Dispute

    A slew of trade groups have joined a dozen red states in urging a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring all states in the nation to consider tribal treaty rights when they set their water quality standards.

  • November 14, 2024

    Biden Admin Backs Controversial Alaskan Land Swap, Road

    The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.

  • November 14, 2024

    EPA Expands List of Solvent Risks, Targets Tire Chem Rules

    The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.

  • November 14, 2024

    Cherokee Nation Can't Get Ark. Casino Amendment Blocked

    An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.

  • November 13, 2024

    3 Men Sentenced For Fake 'Alaska Stone Arts' Scheme

    Three men have been sentenced for scheming to sell hundreds of phony products by passing them off to unsuspecting customers as authentic artwork made by Alaska Natives, the U.S. government said.

  • November 13, 2024

    Indigenous Groups Can Join Colombia's Fight With Glencore

    An international tribunal has agreed to allow two Indigenous Wayuu communities to express their views about a massive mining project's water use in an arbitral dispute between commodities giant Glencore International AG and the Republic of Colombia.

  • November 13, 2024

    EPA Tells DC Circ. That Mercury Rule Is Sound

    The U.S. Environmental Protection Agency told the D.C. Circuit that opponents of its rule strengthening standards for mercury and other toxic air emissions at power plants are seeking to hamstring the agency with a too-narrow interpretation of the Clean Air Act.

  • November 13, 2024

    Baltimore Wins $266M In McKesson, Cencora Opioid Case

    Baltimore has been awarded more than $266 million in damages from drug distributors McKesson and Cencora, which a jury found responsible for fueling the opioid epidemic in the city, the mayor's office announced Tuesday.

  • November 13, 2024

    LNG Co. Says Full DC Circ. Must Revive Texas Project

    The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.

  • November 13, 2024

    Bradley Arant Aims To Toss Malpractice Arbitration Claims

    Bradley Arant Boult Cummings LLP and a firm attorney urged a California federal judge to toss a San Diego-based business consulting firm's lawsuit contending the law firm botched an arbitration proceeding with tribal entities, saying the court lacks personal jurisdiction and is an improper venue as the arbitration and legal work largely took place outside the state.

  • November 13, 2024

    EPA Effluent Rule Is Fatally Flawed, 8th Circ. Told

    Republican-led states, utilities and industry groups called on the Eighth Circuit to vacate the U.S. Environmental Protection Agency's rule setting new wastewater limitations for coal-fired power plants, saying it is based on economically unavailable technologies in an effort to further the Biden administration's goal of shuttering coal plants.

  • November 12, 2024

    Trump Pick To Lead EPA Is Loyal, Would Learn On The Job

    President-elect Donald Trump prioritized loyalty and a demonstrated ability to carry out his priorities with his announcement that he intends to nominate a former congressman from New York state to lead the U.S. Environmental Protection Agency.

  • November 12, 2024

    Arkansas Fights Bid To Block Cherokee Casino Amendment

    Arkansas is looking to dismiss a challenge by two Cherokee Nation businesses that seeks to block an amendment revoking one of the tribal entities' casino gaming license, arguing that "the glaring obstacle" of the Eleventh Amendment bars lawsuits against states in federal court.

  • November 12, 2024

    Kentucky Plunges Into 2nd Challenge To Waters Of US Rule

    Kentucky has refiled its lawsuit challenging the U.S. Environmental Protection Agency's rule defining the scope of the federal government's jurisdiction under the Clean Water Act, after the Sixth Circuit found that a federal district judge improperly dismissed the case.

  • November 12, 2024

    Navajo Co. Says Paralegal Blocking Return Of Privileged Docs

    A Navajo Nation natural resources company is suing a former paralegal in Colorado state court to enforce a settlement requiring the return of confidential documents that she allegedly emailed to herself, accusing the paralegal of "erecting unreasonable roadblocks" to their agreement.

  • November 12, 2024

    Supreme Court Won't Revive Youth Climate Suit

    The U.S. Supreme Court on Tuesday said it will not undo the Ninth Circuit's order allowing the dismissal of a lawsuit filed by youth plaintiffs who accuse the federal government of endangering their futures with policies that exacerbate climate change.

  • November 08, 2024

    Trump's Election Swings The Energy Policy Pendulum Again

    The reelection of former President Donald Trump means the energy industry faces yet another drastic shift in U.S. policy, continuing a decadelong pattern of regulatory pendulum swings. Here's a rundown of what the energy industry is in for when Trump reenters the White House.

  • November 08, 2024

    Payments Co. Never Returned $1.5M, Tribal Authority Claims

    An Oklahoma tribal financial services authority has sued two owners of a payment processor, alleging that they defrauded the authority out of $1.5 million by confiscating funds purportedly held in reserve before the termination of their relationship.

  • November 08, 2024

    NH Defends Feds' White Mountain Logging Projects

    The state of New Hampshire is asking a federal judge to reject a conservation group's bid to block two logging projects the U.S. Forest Service approved for the White Mountain National Forest, arguing that they will deliver needed forest and wildlife habitat improvements.

  • November 08, 2024

    ND Wants To Back Feds In Dakota Access Pipeline Row

    North Dakota wants to back the federal government in a challenge by the Standing Rock Sioux Tribe seeking to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing a shutdown would undermine the state's interests in oil and gas regulation activity.

  • November 08, 2024

    Mark Zuckerberg Beats Liability In Social Media MDL

    A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.

  • November 07, 2024

    Researcher Sues DEA Over Pot Rescheduling Process

    A psychedelic researcher has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to hold administrative hearings on a proposal to reclassify marijuana, alleging various breaches of administrative law.

Expert Analysis

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

    Author Photo

    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

    Author Photo

    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Takeaways From EPA's New Methane Emission Rules

    Author Photo

    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • What Recent Study Shows About AI's Promise For Legal Tasks

    Author Photo

    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

    Author Photo

    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

    Author Photo

    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

    Author Photo

    In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

    Author Photo

    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Recent Rulings Add Dimension To Justices' Maui Decision

    Author Photo

    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • How Firms Can Ensure Associate Gender Parity Lasts

    Author Photo

    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

    Author Photo

    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

    Author Photo

    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • What Recent Setbacks In Court Mean For Enviro Justice

    Author Photo

    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

    Author Photo

    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Native American archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!