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Native American
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May 20, 2024
Law On Indian Country Jurisdiction Still Unsettled, Tulsa Says
Officials of Tulsa, Oklahoma, have asked a federal district court to deny an intervention bid by the United States in a tribal challenge over criminal jurisdiction, saying that as an alternative, the lawsuit should be paused pending the outcome of a state case in which the governor's brother is fighting a speeding ticket.
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May 20, 2024
McKinsey Can't Nix Pregnant Women's Claims In Opioid MDL
A California federal judge has cut some claims from multidistrict litigation seeking to hold McKinsey & Co. Inc. liable for infant neonatal abstinence syndrome caused by pregnant women's use of opioids, trimming fraud and nuisance-based claims, but allowing conspiracy and aiding-and-abetting claims to proceed against the consulting firm.
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May 20, 2024
Family Sues Feds For Fatal Shooting On Reservation
The family of a Tohono O'odham Nation man who was shot and killed by U.S. Border Patrol agents is suing the federal government and the agents involved for wrongful death, alleging that his calm demeanor was greeted with a hail of gunfire.
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May 20, 2024
Nonprofits Renew Bid To Enter Red States' Border Wall Suit
Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.
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May 20, 2024
Local Governments Seek Sanctions For PBMs In Opioid MDL
Four municipalities are asking an Ohio federal court overseeing the national opioid litigation to sanction pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., saying they've willfully defied the court's order to provide complete responses to discovery requests.
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May 20, 2024
Wyo. Tribe Secures $9.2M For Wastewater Infrastructure
The Northern Arapaho Business Council has been awarded a nearly $9.2 million federal grant aimed at improving a wastewater system known as the Beaver Creek Lagoon that serves the Beaver Creek housing development and Wind River Hotel & Casino.
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May 17, 2024
Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit
The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.
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May 17, 2024
Group Sues Feds Over Logging In NH National Forest
A forest protection group has sued the U.S. Forest Service in New Hampshire federal court, challenging commercial logging projects it recently approved in the White Mountain National Forest in New Hampshire.
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May 17, 2024
SD Gov. Says Cartels Operating On Tribal Lands Across US
South Dakota Gov. Kristi Noem told reporters Friday that drug cartels are operating on tribal lands, not only in her state, but in Indigenous communities throughout the country, calling for seven of the state's nine tribes that have banned her to banish the illegal operations she described instead.
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May 17, 2024
DC Circ. Probes Carbon Capture In LNG Approval Challenge
The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.
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May 17, 2024
Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL
In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.
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May 16, 2024
Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal
A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.
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May 16, 2024
Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit
The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
New BLM Plans Sunset Federal Coal Leasing In Wyo., Mont.
The U.S. Bureau of Land Management on Thursday unveiled court-ordered, revised resource management plans for coal-rich areas of Montana and Wyoming that end future coal leasing in the regions, a move blasted by congressional representatives of those states.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
Expert Analysis
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Biden's Enviro Justice Focus Brings New Business Risks
A recent executive order from President Joe Biden continues the administration's whole-of-government approach toward environmental justice, and its focus on transparency may increase the risk of permit challenges, enforcement actions and citizen suits, say attorneys at King & Spalding.
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3 Key Areas Where Fintech And Sports Gaming Intersect
Sports gaming operators cannot produce reliable and efficient products without the full participation and support of their fintech vendors and suppliers, so firms in both industries should follow developments and changing regulation in the arena, including state expansion of crypto-funded wagering and advancements in payment processing, say attorneys at Nelson Mullins.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Opinion
Water Infrastructure Crisis Requires Private Investment
The federal government is in the process of distributing billions of dollars recently allocated for upgrades to U.S. water infrastructure — but capital, beyond what government can provide, is needed to fully address decades of neglect, meaning that private investment must be a part of the solution, says Damian Georgino at Womble Bond.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.