Native American

  • August 23, 2024

    Public Needs Full Record In Pebble Mine Row, Alaska Argues

    Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.

  • August 23, 2024

    The Biggest Enviro Policy Moves Of 2024: Midyear Report

    As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.

  • August 22, 2024

    PBMs Can't Yet Duck Municipalities' Claims In Opioid MDL

    The Ohio federal judge overseeing multidistrict opioid litigation on Thursday refused, for now, to throw out claims against pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., finding that the PBMs' arguments were brought too early and a more robust record is needed.

  • August 22, 2024

    Judge Trims Indigenous Group's South Dakota Hotel Bias Suit

    A South Dakota federal judge has axed an Indigenous advocacy group's class allegations while holding bids to dismiss civil rights claims against a Rapid City hotel in abeyance in a discrimination lawsuit that alleges that the business threatened to ban all Native Americans patrons following a shooting in one of its rooms.

  • August 22, 2024

    Justices Allow Part Of Ariz. Voter Law To Take Effect

    The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.

  • August 22, 2024

    Apache Carry Petition To High Court With A Prayer Journey

    Members of an Apache nonprofit fighting to save an Indigenous worship site from destruction are making stops to visit other tribes throughout the country for prayers and support as they deliver a petition to the Supreme Court that seeks to undo a Ninth Circuit ruling and block a mining project.

  • August 22, 2024

    Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground

    Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.

  • August 22, 2024

    Telephone Cos. Want In On Tribal Broadband Grant Row

    The two Alaskan telecoms that received the U.S. Department of Agriculture grants now at the center of a suit from local tribes say they want in on the litigation, telling an Alaska federal judge that they should get a chance to defend their grants alongside the USDA as intervenors.

  • August 21, 2024

    US Army Escapes Nebraska Tribe's Repatriation Suit

    A federal district court judge won't order the U.S. Army to repatriate the remains of two Native American children from a boarding school cemetery in Pennsylvania, saying provisions of a law designed to protect Indigenous burial sites don't apply to the 180 children entombed there for more than a century.

  • August 21, 2024

    EPA Urges 8th Circ. Not To Delay Power Plant Effluent Rule

    The U.S. Environmental Protection Agency and green groups on Tuesday asked the Eighth Circuit not to block the implementation of a rule that set new wastewater standards for coal-fired power plants, as utility companies, trade groups and nearly two dozen states that oppose the rule have urged.

  • August 21, 2024

    Tribe Backs $2.8M Casino Debt Suit Against Ex-Studio Mogul

    A former Hollywood heavyweight who lost $5 million to a Connecticut casino and failed to make full payments to cover his losses misunderstood the relevant law when he asked a state court to strike a breach of contract claim against him, the tribal gambling authority said.

  • August 21, 2024

    Calif. AG Secures Rite Aid Deal Ensuring Pharmacy Access

    California Attorney General Rob Bonta has announced a settlement with Rite Aid Corp. that will allow his office to oversee any changes in ownership of the company's retail pharmacy outlets across the state.

  • August 21, 2024

    Alaska Seeks Pause In Mining Row Suit With EPA

    The state of Alaska is calling on a district court judge to pause litigation accusing the U.S. Environmental Protection Agency of unlawfully prohibiting development of the Pebble mineral deposit in the southwestern region of the state, while the agency attempts to withhold documents from the public.

  • August 20, 2024

    DOJ, SD County Resolve Indigenous Voting Barrier Claims

    The U.S. Department of Justice has secured an agreement with a South Dakota county and its officials to end the federal government's allegations that the municipality failed to make registration and early voting opportunities equally available to Native American voters.

  • August 20, 2024

    Ariz. Tribe Wins Pause Of Lithium Project Construction

    An Arizona federal judge has granted the Hualapai Indian Tribe's bid for a temporary restraining order in its lawsuit seeking to halt U.S. government approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes.

  • August 20, 2024

    New Fed Rule Will Help Tribes Sponsor Watershed Projects

    The U.S. Department of Agriculture's Natural Resources Conservation Service said it has decided to amend its regulations for watershed projects, so Native American tribes and tribal groups can better carry out improvements for flood prevention and conservation.

  • August 20, 2024

    Utah Tells Justices Feds Must Relinquish Land In State

    The federal government is unconstitutionally hoarding and profiting from public lands in Utah, and the state is missing out on economic and development opportunities that are rightfully its own, it told the U.S. Supreme Court in a proposed lawsuit filed Tuesday.

  • August 20, 2024

    DOI Issues 1st Floating Offshore Wind Energy Lease

    The U.S. Department of the Interior on Monday announced its first-ever floating offshore wind energy research lease, which will allow for up to 12 floating wind turbines off the coast of Maine.

  • August 20, 2024

    Feds Can't Delay Justice In Reservation Shooting, Family Says

    The family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents says the federal government's efforts to quell requests for those officers' names is a move to delay justice, arguing that without early discovery the court could find them unaccountable for the incident.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 19, 2024

    Arden Trust Co. Sued In Del. Over Bikini Atoll Fund Depletion

    Representatives of Pacific Islanders displaced by early nuclear testing on Bikini Atoll sued Arden Trust Co. in Delaware's Court of Chancery on Monday, accusing the company of mismanaging and quickly dissipating tens of millions of dollars in congressionally authorized aid funds after years of careful management.

  • August 19, 2024

    FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told

    A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so. 

  • August 19, 2024

    Red States Seek To Block Interior Mining Violation Rule

    A coalition of Republican-led states has asked a D.C. federal court to block the U.S. Department of the Interior from implementing a rule that strengthens requirements for states to respond to federal and citizen notifications of possible violations of federal mining law.

  • August 19, 2024

    9th Circ. Told Psilocybin Petition Is Backed By Precedent

    A Ninth Circuit panel on Monday dissected opposing arguments from the U.S. Drug Enforcement Administration and a Seattle doctor over whether there is precedent to allow the dispensing of psilocybin — a psychedelic compound — to treat terminally ill patients.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • How DOI Aims To Modernize Resource Damage Assessments

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    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

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    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

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