Native American

  • September 24, 2024

    Red States Back Florida In CWA Permit Program Fight

    Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.

  • September 24, 2024

    Feds, Mill Owner Reach $1.4M Deal In Pollution Cleanup Row

    A property development group will pay more than $1.4 million to fund a permanent stewardship as part of an agreement with the state of Washington, the federal government and a slew of tribes to resolve allegations that it released hazardous substances into Port Gamble Bay near Seattle for more than a century.

  • September 24, 2024

    8th Circ. Mulls Arkansas' Authority To Regulate Hemp

    An Eighth Circuit panel on Monday pushed attorneys for the state of Arkansas and a group of hemp companies to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.

  • September 24, 2024

    Interior Dept. Awarding $24 Million For Ecosystem Projects

    The U.S. Department of the Interior on Monday said it's awarding about $24 million to boost 50 ecosystem restoration projects across 34 states and territories.

  • September 23, 2024

    Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge

    The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.

  • September 23, 2024

    What A Harris Administration Would Mean For The Courts

    Vice President Kamala Harris, the Democratic presidential nominee, is familiar with the courtroom.

  • September 23, 2024

    La. Wants EPA Civil Rights Regs Vacated After Court Win

    Louisiana is asking a federal judge to revisit an order and amend it to completely vacate U.S. Environmental Protection Agency civil rights regulations, after the judge granted the Pelican State's motion for a permanent injunction within its borders.

  • September 20, 2024

    Wash. Strikes Deal With Wild Fish Groups To End ESA Row

    Two conservation groups have struck an agreement with Washington state to drop a claim that some of its hatchery programs are unlawfully imperiling protected wild salmon on the Lower Columbia River, though the groups will continue to pursue similar claims against Oregon and the National Marine Fisheries Service.

  • September 20, 2024

    Senate Panel Advances Jamul Indian Village Land Transfer Act

    A U.S. Senate panel has moved forward efforts to win passage of the Jamul Indian Village Land Transfer Act, which would place approximately 172 acres of specified lands in San Diego into trust for the benefit of the California tribe.

  • September 20, 2024

    Healthcare Co. Slams IHS Action On $13M ER Staffing Deal

    A healthcare staffing company is challenging in the U.S. Court of Federal Claims a proposed corrective action by the Indian Health Service on a $13.3 million task order for staffing services at the emergency room of the Pine Ridge Hospital in South Dakota.

  • September 20, 2024

    Chevron's Demise May Not Bring Deluge Courts Had Feared

    Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.

  • September 20, 2024

    Tribe's Stateless Status Undoes $1.9M Construction Suit

    A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.

  • September 19, 2024

    NY Tribe Settles With Lottery Co. Over Gaming On Tribal Land

    The Cayuga Nation and New York's licensed mobile lottery provider have reached a settlement in the federally recognized tribe's lawsuit seeking to block the state gaming commission from operating games on tribe's self-proclaimed reservation.

  • September 19, 2024

    US Argues Court Can't Stop Tribe From Blocking Roads

    The U.S. government told a Wisconsin federal judge that a town's lawsuit seeking to stop the Lac du Flambeau Band of Lake Superior Chippewa Indians from barricading roads on tribal land can't be enforced, saying the Native American tribe is immune from the suit.

  • September 19, 2024

    Gold Mine Operator Agrees To Pay $3M In Water Pollution Row

    The operator of the controversial Buckhorn Mountain Gold Mine has agreed to pay more than $3.1 million and take a variety of steps to investigate and remediate water pollution, under a proposed consent decree filed in Washington federal court on Thursday.

  • September 18, 2024

    Native, Black Groups Ask To Intervene In Voter Rights Suit

    Several nonprofit groups supporting Native American and Black voters have joined to intervene in a conservative think tank's lawsuit in Texas federal court that looks to stop a Biden administration executive order promoting easier access to voting.

  • September 18, 2024

    Wash. Court Won't Ax Testimony In Tribes' River Pollution Suit

    A Washington federal judge issued a slew of orders Tuesday refusing to limit expert testimony in the Confederated Tribes of the Colville Reservation's lawsuit against a smelter operator over pollution in the Upper Columbia River, saying the testimony will help the jury make a decision at trial.

  • September 18, 2024

    Fla. Judge Keeps Tribe's CWA Permitting Power Row On Hold

    A Florida federal judge on Wednesday further extended his pause of the Miccosukee Tribe of Indians' lawsuit claiming the U.S. Environmental Protection Agency improperly granted Florida authority over a Clean Water Act permitting program, while the D.C. Circuit considers an appeal in a similar case.

  • September 18, 2024

    No Rehearing For 10th Circ. Methane Rule Challenge

    A Tenth Circuit panel rejected a request to reconsider its decision to throw out a ruling that partially invalidated an Obama-era rule limiting venting, flaring and leaks from oil and gas wells on federal land.

  • September 17, 2024

    Fla. Should Get CWA Permitting Back, State Tells DC Circ.

    Florida should be allowed to keep administering its own Clean Water Act permitting program for dredging, the Sunshine State told the D.C. Circuit in an opening brief that noted the state had successfully run the program for three years, and that taking away its ability to do so calls into question a congressional promise.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

  • September 17, 2024

    Blumenauer Pushes House Speaker To Put Pot Bill To Vote

    U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.

  • September 17, 2024

    Tribes Sue Over Oregon Offshore Wind Farm Leases

    The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians have hit the Bureau of Ocean Energy Management with a lawsuit over its approval of lease sales for offshore wind energy development along the southern Oregon coast, arguing that the environmental analysis was insufficient and fails to consider potential impacts on tribal resources, cultural sites and tourism development.

  • September 16, 2024

    9th Circ. Won't Review Tribal Jurisdiction In Virus Suit

    An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."

  • September 16, 2024

    Why A Tactic In The Youth Climate Change Battle Is Risky

    Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360. 

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

    Author Photo

    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

    Author Photo

    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

    Author Photo

    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

    Author Photo

    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

    Author Photo

    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

    Author Photo

    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

    Author Photo

    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

    Author Photo

    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

    Author Photo

    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

    Author Photo

    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • 3 Leadership Practices For A More Supportive Firm Culture

    Author Photo

    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

    Author Photo

    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

    Author Photo

    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

    Author Photo

    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

    Author Photo

    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

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!