Native American

  • April 23, 2024

    Cole First Native American To Chair Appropriations Committee

    Republican U.S. Rep. Tom Cole of Oklahoma, a citizen of the Chickasaw Nation, has become the first Native American to chair the full House Appropriations Committee, succeeding Rep. Kay Granger, who in March announced that she would be stepping down prior to her retirement.

  • April 22, 2024

    CORRECTED [New Headline]:Tribe Says NY Lottery Breaks Law

    A tribe in New York has asked a federal judge to bar state officials from operating any lottery vending machines on its self-proclaimed reservation, saying gambling on Indian lands is within the jurisdiction of tribes and regulated by the Indian Gaming Regulatory Act.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

  • April 22, 2024

    Group Backs Net Neutrality, But Not Fees On Broadband

    Despite supporting a planned net neutrality regime, media advocacy group Free Press has argued against using the new rules to impose fees on the broadband industry to support telecommunications subsidies, saying the idea would only harm consumers.

  • April 22, 2024

    Wash. Judge Questions If Professor Was Punished For Views

    A Washington federal judge seemed to doubt Monday that the University of Washington went too far when it removed a professor's political statements from his syllabi, noting that the comments were disruptive because they caused students to drop the mandatory course.

  • April 22, 2024

    Ayahuasca Church Settles Religious Freedom Suit With Feds

    A Phoenix-based church that uses the psychedelic ayahuasca as a sacrament announced Monday that it had reached a legal settlement in Arizona federal court with a slew of federal agencies to ensure its religious right to access the federally controlled substance.

  • April 22, 2024

    With Power Rules On Deck, EPA Awards $7B In Solar Grants

    The U.S. Environmental Protection Agency on Monday said it awarded $7 billion in grants to boost residential solar energy development in low-income communities, kicking off a climate change-focused week in which the agency is expected to release pollution control rules for the power sector.

  • April 22, 2024

    Feds Say $1M Fine Is Fair In Washington Dam Settlement

    The federal government says a $1 million fine to settle Clean Water Act violations against a hydroelectric dam operator is fair despite objections from a Washington tribe, arguing that a proposed consent decree should be approved because it meets key goals that help to restore Washington's Puyallup River.

  • April 22, 2024

    Oregon Judge Won't Delay Youth Climate Trial

    An Oregon federal judge denied the U.S. Department of Justice's 14th request to pause a suit filed by young people claiming their rights are being violated by federal policies that are worsening climate change, and also told the Ninth Circuit to reject the agency's latest attempted appeal in the long-running litigation.

  • April 19, 2024

    Potawatomi Become Ill.'s First Federally Recognized Tribe

    The U.S. Department of the Interior in a historic move has made the Prairie Band Potawatomi Nation the only federally recognized tribal nation in Illinois, the tribe said Friday.

  • April 19, 2024

    DOI Bans New Mining Claims On 4,200 Acres Of NM Land

    The U.S. Department of the Interior has closed down any new mining claims for the next 50 years on 4,200 acres in Sandoval County, New Mexico, in an effort to protect the area with significant cultural ties to two Native American tribes.

  • April 19, 2024

    DC Circ. Won't Reverse Wash. Tribe's Recognition Order

    A D.C. Circuit panel has rejected a bid by a Washington tribe to vacate an order denying it federal recognition for the fourth time while barring it from raising any further jurisdictional arguments to collaterally attack a lower court's dismissal of the case.

  • April 19, 2024

    Biden Administration Sharply Limits Drilling In Alaska Arctic

    The Biden administration on Friday issued new restrictions on oil and gas leasing across vast swathes of Alaska's Arctic while simultaneously ruling out construction of a controversial road state officials proposed to access mining areas in sensitive wilderness.

  • April 19, 2024

    EPA Says 2 'Forever Chemicals' Are Hazardous Substances

    The U.S. Environmental Protection Agency on Friday officially declared two "forever chemicals" to be hazardous materials under federal law, which could bring a host of consequences for Superfund site cleanups and development projects.

  • April 18, 2024

    NY Tribe Says Smoke Shop Group Can't Be Trusted With Data

    The Cayuga Nation is urging a New York federal judge to keep one of the entrepreneurs it's accused of opening up an unlicensed smoke shop on tribal land from viewing spreadsheets purportedly detailing lost revenues the tribe suffered due to the store's operation, claiming he'll use the information to hurt the tribe's business.

  • April 18, 2024

    BLM Prioritizes Conservation On Federal Land In Final Rule

    The Biden administration finalized a rule Thursday that prioritizes the conservation of federal lands through new initiatives like leasing frameworks that center on restoration and mitigation.

  • April 18, 2024

    Enbridge Says Feds' Pipeline Brief Aids Michigan Case

    Enbridge Energy has said the U.S. government's recent brief to the Seventh Circuit in separate litigation over its Line 5 pipeline backs its challenge against Michigan over the state's attempts to shutter the project, arguing the federal government has a strong interest in ensuring that trade and diplomatic relations with Canada aren't affected.

  • April 18, 2024

    Pharma Co. Wants Tribe's Opioid Suit To Stay In Federal Court

    A pharmaceuticals distributor has asked an Oklahoma federal court to reject a magistrate judge's recommendation to move to state court a suit accusing it of flooding the Cherokee Nation's communities with opioids, saying the tribe's complaint raises a substantial question of federal law.

  • April 18, 2024

    NCAA Rips 'Vague' Claims In Student-Athlete's Transfer Suit

    The NCAA has urged a West Virginia federal judge to toss a suit from a 22-year-old student-athlete alleging the organization tried to prevent him from being eligible to play basketball following a mid-season transfer, saying the suit is too vague to pass muster.

  • April 18, 2024

    No Redo For Insurers In COVID-19 Coverage Row, Tribe Says

    The Ninth Circuit should stand by its decision ordering an AIG unit and other insurers to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, the tribe told the appeals court, saying the insurers' request for a do-over distorts the panel's decision and controlling law.

  • April 18, 2024

    9th Circ. Affirms Rosette's Win In Tribe Representation Fight

    The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.

  • April 17, 2024

    Minn. Operator Wants To Stop Casinos' Class III Gambling

    The operator of a commercial casino and horse racetrack has sued three tribal-owned casinos in Minnesota federal court on claims they're violating the Racketeer Influenced and Corrupt Organization Act, accusing them of running criminal gambling activities that break state and federal laws.

  • April 17, 2024

    Tribal Groups Say Final Fish Harvesting Rule Violates NEPA

    Two Alaskan tribal organizations are asking a federal court to vacate a final groundfish harvest rule for the Bering Sea and Aleutian Islands, arguing that it fails to account for the rapid and unprecedented shifts in their ecosystems caused by climate change over the past two decades.

  • April 17, 2024

    Republican AGs Petition EPA To Drop Enviro Justice Initiative

    Attorneys general from 23 primarily Republican-led states on Tuesday demanded that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.

  • April 17, 2024

    Florida Pleads With Judge To Stay Water Permit Ruling

    Florida called on a D.C. federal judge to pause his ruling vacating the U.S. Environmental Protection Agency's approval of the state's application to assume control of a Clean Water Act permitting program, amid its D.C. Circuit appeal.

Expert Analysis

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

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