Native American

  • July 12, 2024

    Feds Join Voting Rights Suit Over Georgia Election Law

    The federal government has joined a suit against Georgia officials over their 2021 voting law after a federal judge allowed it to intervene in wide-ranging litigation against the measure, saying state lawmakers intend to deny Black Georgians and other people of color the right to vote because of their race.

  • July 12, 2024

    Tire Cos. Can't Pause Fish-Harming Chemical Suit

    A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."

  • July 12, 2024

    Lawmakers Unveil $1B Water Infrastructure Bill For Ariz. Tribe

    A bipartisan group of Arizona federal lawmakers has introduced legislation in both houses of Congress to ratify and provide just over $1 billion in funding to resolve the Yavapai-Apache Nation's water rights claims and bring additional supplies to the Verde Valley.

  • July 12, 2024

    Tribes, Enviro Orgs. Say Mining Exec's Retirement Moots Suit

    Native American tribes and environmental groups have dropped their suit asking Montana's environmental regulator to curtail Hecla Mining Co.'s operations, telling a federal court that their complaint was based on the leadership of now-retired CEO Phillips Baker Jr.

  • July 11, 2024

    Calif. Tribe Seeks $8.2M For Cultural Site Destruction

    The Quechan Indian Tribe is asking a California federal judge to award it $8.2 million after the court found that a federal government construction project to replace poles for 9 miles of transmission lines damaged 10 cultural and sacred archaeological sites on the tribe's reservation.

  • July 11, 2024

    $1M Fine 'Substantial' In Wash. Dam Settlement, Judge Says

    A Washington federal judge, over objections from tribes and environmental groups, is allowing the government to enter into a proposed consent decree that would settle Clean Water Act violations, saying a $1 million fine against dam operator Electron Hydro is substantial.

  • July 11, 2024

    Judge Grants Tesoro Injunction In Pipeline Fight With Feds

    A North Dakota federal judge has granted a Marathon Petroleum Corp. subsidiary's request for an injunction to block an Interior Department order vacating several decisions related to a pipeline crossing through part of the Fort Berthold Indian Reservation.

  • July 11, 2024

    Marathon Oil To Pay $241.5M Over North Dakota Emissions

    The U.S. Department of Justice revealed on Thursday that it has reached a $241.5 million settlement with Marathon Oil, resolving allegations of Clean Air Act violations tied to the company's oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota.

  • July 11, 2024

    Top Atty At Army Center Of Military History Joins Shook Hardy

    The former chief counsel for the U.S. Army Center of Military History has joined Shook Hardy & Bacon LLP as co-chair of the firm's growing art law practice, the firm announced Thursday.

  • July 10, 2024

    Southern Ute Say Colo. Can't Regulate Tribe's Online Games

    The Southern Ute Indian Tribe is suing Colorado Gov. Jared Polis in federal court for allegedly violating a state-tribal gaming pact by overstepping his right to regulate online gambling, arguing that the tribe's Division of Gaming is the Sky Ute Casino Resort's regulator.

  • July 10, 2024

    Utah Goes 'Too Far' In Seeking Order Clarity, Tribe Says

    A Native American tribe asked a federal district judge Tuesday to deny a bid by Utah to clarify a June order that dismissed the tribe's racial-bidding scheme claims against several state officials, arguing that the state is using the request as a vehicle to ax all remaining allegations in the tribe's suit.

  • July 10, 2024

    Mont. High Court Weighs Youths' Right To Sue In Climate Case

    The Montana Supreme Court on Wednesday wrestled with whether to revive state law provisions that bar the consideration of greenhouse gas emissions in permitting decisions that were struck down by a lower court judge, querying both sides whether the youth plaintiffs had standing to sue.

  • July 10, 2024

    Rural Broadband Org. Calls For Speedier Permitting Process

    A rural broadband advocacy group is urging Congress to pass two companion bills that would enable the use of online portals to expedite the permitting process to build high-speed networks on federal lands.

  • July 10, 2024

    DOI Pledges $120M For Tribal Climate Resiliency Efforts

    The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.

  • July 09, 2024

    Judge Says Alaska Tribal Healthcare Provider Can Access Info

    The Alaska Native Tribal Health Consortium can't limit one of its member's governance and participation rights in seeking legally privileged information involving sexual misconduct allegations against the consortium's former president, a federal judge has said, while also enforcing a previous judgment that allows access to some of the group's documents.

  • July 09, 2024

    'Plain English, Graphics, Pictures': Enviro Policy Post-Chevron

    Environmental policymakers will have to start writing their rules using "plain English, graphics, pictures" and other tactics to make the rationale behind agency and congressional policy crystal clear to judges in the wake of the U.S. Supreme Court's recent decision striking down Chevron deference, attorneys told Law360.

  • July 09, 2024

    Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award

    An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.

  • July 09, 2024

    Bill Would Approve Largest Tribal Water Rights Settlement

    A bipartisan group of Arizona federal lawmakers has introduced legislation that, if approved, would authorize the country's largest Native American water rights settlement and resolve claims by the Navajo Nation and the San Juan Southern Paiute and Hopi tribes.

  • July 08, 2024

    Tire Cos. Say Fishing Groups' Claims Fall Flat In ESA Row

    Tire companies are pushing a California federal court to toss an Endangered Species Act suit over a rubber additive that harms salmon, saying the case by fishing groups wrongly seeks to transform the ESA into a product regulatory statute that steps outside the act's congressional intent.

  • July 08, 2024

    BLM Faces Challenges To Alaska Oil Reserve Protections

    The state of Alaska and a nonprofit group are seeking to vacate a federal rule ensuring maximum environmental protections for more than 13.1 million acres in the state's National Petroleum Reserve and banning new oil and gas leasing on another 10.6 million acres, arguing the new law turns the land into a "de facto" wilderness.

  • July 08, 2024

    Tribe Says NY Counties Want It To Pay For 911 Access

    The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.

  • July 05, 2024

    Miss. Casino Aims To Void Cherokee Ark. Gaming License

    A Mississippi casino is asking a judge to void an Arkansas gaming license issued to Cherokee Nation Entertainment, arguing a county judge and other legislative officials were coerced into offering support for its casino proposal through an economic development agreement that forced them to back only one applicant.

  • July 05, 2024

    Judge Says Michigan Not Immune From Enbridge's Line 5 Suit

    A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Feds Say Alaska Tribes Can't Prevail In Broadband Row

    The U.S. Department of Agriculture's Rural Utilities Service says that it shouldn't be forced to retract $70 million in broadband funds it gave to two Alaskan telecoms because the tribes challenging its decision don't count as tribes under the definition the program is using.

Expert Analysis

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    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

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    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
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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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