Native American

July 22, 2024
NY Appeals Court Revives Cayuga Lake PFAS Suit

A Finger Lakes conservation group can challenge a permit state regulators issued for a solid waste facility over possible "forever chemicals" pollution to Cayuga Lake, a New York state appeals court ruled, holding that the group has standing to try to get the permit thrown out.
July 22, 2024
Native Villages Push For Injunction In Fed Broadband Row

Two Alaskan tribes are urging a federal judge to step in and yank back $70 million in broadband infrastructure funds that they say the U.S. Department of Agriculture gave away to someone else after falsely marking them served.
July 19, 2024
Class Seeks $1.5B Settlement In Payday Loan Dispute

A class of borrowers has urged a Virginia federal court to approve what would be the largest settlement ever obtained in a challenge to participants in the tribal lending industry, arguing that the agreement would give significant relief to hundreds of thousands in the form of debt cancellations and cash payments.
July 19, 2024
Fla. Man Charged With Selling Fake Tribal Jewelry In Wis.

A Florida man has been charged with several fraud-related counts after he was allegedly caught selling fake Native American jewelry at arts and crafts shows across the country, according to a grand jury indictment handed down in Wisconsin federal court.
July 19, 2024
Civil Rights Groups Ask Judge To Block Georgia Voting Law

A coalition of civil rights and advocacy groups lodged a renewed complaint asking a Georgia federal judge to block parts of a controversial Peach State election law that's facing a number of challenges, including by the federal government.
July 18, 2024
Tribes Move Step Closer To $5B Water Rights Settlement

Leaders of the Navajo Nation and the Hopi and Southern San Juan Paiute tribes have signed a landmark settlement agreement that proposes to bring reliable, safe and clean drinking water to the tribes as they await final approval of a $5 billion federal bill that backs the same endeavor.
July 18, 2024
Investor Signs $897K Settlement Over R. Kelly Show Funding

After security and credit agreements for the promotion of a concert series at the Foxwoods Resort Casino headlined by R&B artist R. Kelly fell apart, an investor has signed a roughly $900,000 deal in a Connecticut state court to recover an out-of-state settlement.
July 18, 2024
9th Circ. Signals Support For Alaska Salmon Fishery

A Ninth Circuit panel on Thursday leaned toward allowing government-approved commercial salmon fishing in Southeast Alaska, with one judge saying the economic hardship indigenous communities would face without fishing outweighs the "enormous uncertainty" of impacts on a small population of orca whales that feed on the fish.
July 18, 2024
State PUCs Urged To Keep Eye On Broadband Projects

States need to step up and do more to ensure that telecommunication companies working on Rural Digital Opportunity Fund projects within their borders do the work they committed to doing on time, according to a former Federal Communications Commission official.
July 18, 2024
Creek Citizenship Case Paused Amid Tribal Court Controversy

The Muscogee (Creek) Nation Supreme Court has paused a dispute between descendants of those once enslaved by the tribe and its citizenship board after the two plaintiffs accused the tribe's national council of illegally appointing special justices to the panel as part of a targeted campaign against them.
July 18, 2024
6th Circ. Looks To Wash Hands Of Waters Of US Appeal

An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.
July 18, 2024
Docs Get Same Hefty Opioid Sentences Despite Top Court Win

Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.
July 17, 2024
DOI Rejects Calif. Tribal Members' Lineal Descent Claims

The U.S. Department of the Interior is backing its bid to dismiss a D.C. federal court lawsuit brought by family members who seek control of the California Valley Miwok Tribe, highlighting its argument that their claims have already been decided in several prior cases.
July 17, 2024
Lawmakers Say Bid To Toss Monument Suit Is A 'Red Herring'

The Arizona Legislature is fighting a bid by the Biden administration to dismiss a challenge to a presidential proclamation that established an Indigenous site as a national monument in the Grand Canyon region, arguing that the state's constitution gives the lawmakers power over state trust lands.
July 17, 2024
Pharma Co. Slams Magistrate's Venue Report In Opioid Suit

A pharmaceuticals distributor is objecting to an Oklahoma federal magistrate judge's recent recommendation to deny as moot the company's bid to dismiss a Cherokee Nation suit accusing it of flooding tribal communities with opioids, saying the case shouldn't be sent to state court.
July 17, 2024
FCC To Vote On New Emergency Code For Missing Persons

The Federal Communications Commission announced Tuesday that it plans to vote Aug. 7 on new rules for radio and TV broadcasters to add a code for missing adults to the emergency alert system.
July 17, 2024
New Mexico Adds Superfund Claims To PFAS Suit Against US

New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.
July 16, 2024
Calif. Tribe Awarded $8.2M Over Destruction Of Cultural Site

A California district court judge has granted the Quechan Indian Tribe's request for approximately $8.2 million in damages after finding that a federal government construction project damaged cultural and archaeological sites on the tribe's reservation.
July 16, 2024
Enbridge Seeks 6th Circ. Rehearing In Venue Dispute

Enbridge Energy LP has asked the full Sixth Circuit to rehear an appellate panel's decision to send the company's pipeline dispute with Michigan's attorney general back to state court, arguing that the opinion creates a conflict within the circuit over when the removal clock starts running.
July 16, 2024
Pollution Settlement Will Work To Restore Wash. River Habitat

An agreement between the federal government, Washington state and two tribes, on one side, and a pair of recycling companies and a metal fabricator on the other will put in place a three-acre habitat restoration project along the Lower Duwamish River in Seattle, resolving claims that oil and hazardous were released into the waters for a decade.
July 16, 2024
Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects

The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.
July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
July 16, 2024
These Firms Have The Most Diverse Equity Partnerships

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
July 15, 2024
Tribes Fight Red States' Bid To Halt EPA Water Rule

Tribal nations are seeking to challenge a bid by red states in North Dakota federal court to block a U.S. Environmental Protection Agency rule revision requiring states to consider tribes in addressing water quality standards under the Clean Water Act, arguing that the agency has the power to change its regulations.
July 15, 2024
Farm, Fuel Groups Challenge Feds' Land Conservation Rule

The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.

Expert Analysis

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.
Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
What Lawyers Must Know About Calif. State Bar's AI Guidance

Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.