Native American

  • August 12, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.

  • August 09, 2024

    RNC, Ariz. Lawmakers Ask Justice Kagan To Halt Voting Order

    The Republican National Committee and the leaders of Arizona's House and Senate want Justice Elena Kagan to block a district court's injunction that bars the state from prohibiting individuals without proper citizenship documentation from voting, saying the order is an "unprecedented abrogation" of the state legislature's sovereign authority.

  • August 09, 2024

    The Long Road To Legalizing Pot In Florida And South Dakota

    Voters in Florida and South Dakota will have the opportunity this Election Day to legalize recreational marijuana for adults 21 and over, and while the two efforts vary in their particulars, they both follow years of work by legalizers to craft a proposal that could gain court approval.

  • August 09, 2024

    NY Counties Say Cayuga Nation's 911 Suit Not An Emergency

    Two New York counties have urged a federal district court to toss the Cayuga Nation's lawsuit accusing the counties of refusing to forward the reservation's 911 calls to the tribe's police department unless it pays, arguing the tribe's civil rights protection claims are not enforceable.

  • August 09, 2024

    DOL Settles White Mountain Apache Tribe's ERISA Suit

    A D.C. federal judge has signed off on an agreement between the U.S. Department of Labor and the White Mountain Apache Tribe that settles its ERISA suit claiming the agency unlawfully slapped it with $140,000 in penalties after abruptly enforcing certain pension reporting requirements.

  • August 08, 2024

    Feds Award $36M To Boost Wyo. Indigenous Ecotourism

    The Biden-Harris administration has announced that it plans to award about $36 million to a tribal economic development fund to stimulate growth on or near the Wind River Indian Reservation in Wyoming.

  • August 08, 2024

    Tribe Must Arbitrate Union Card Check Dispute, Judge Says

    A California tribe that owns a casino must go to arbitration with UNITE HERE over a spat concerning a representation process with a card check procedure, a federal district court has determined, saying the parties agreed to arbitrate disputes about interpretations of a 2017 accord.

  • August 08, 2024

    Ark. Racing Commission Wants Out Of Licensing Dispute

    The Arkansas Racing Commission wants out of a dispute between a Mississippi casino operator and two Cherokee Nation entities over a gambling license, saying it has nothing to do with an economic development agreement at the center of the litigation.

  • August 08, 2024

    Texas LNG Investor's Estate Sues In Del. Over Stake Valuation

    The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.

  • August 08, 2024

    FCC Adopts New Emergency Code For Missing Persons

    The Federal Communications Commission has established a new alert code for missing and endangered persons that will deliver critical messages through television, radio and cellphones, a move the federal agency says will be of particular benefit to tribal communities that have a disproportionate risk of violence, murder or vanishing.

  • August 08, 2024

    Drilling Permit Suit Must Be Revived, Enviro Orgs. Tell DC Circ.

    Conservation groups are defending their standing to challenge federal approvals of thousands of drilling permits in New Mexico and Wyoming, telling the D.C. Circuit that they have pressed specific allegations showing that the drilling would harm the environment and their members.

  • August 07, 2024

    Servers Seek Default In Foxwoods Restaurant Wage Case

    A class of servers who claim their tips were shorted by Sugar Factory, a restaurant at the Mashantucket Pequot Tribal Nation's Foxwoods Resort Casino in Connecticut, are seeking a default entry against a company behind the eatery.

  • August 07, 2024

    Feds Let The Wrong Family Bury Hopi Artist's Body, Kids Say

    The children of a renowned Hopi artist have sued the United States in Arizona federal court on claims that an Indian Health Service facility gave their deceased mother's body to the wrong family, saying they couldn't give her a proper burial due to the government's negligence.

  • August 07, 2024

    DOE Plans To Invest $30M In Tribal Energy, Colleges

    The U.S. Department of Energy's Office of Indian Energy Policy and Programs plans to invest $30 million to support clean energy planning and transition Native American colleges and universities to carbon-free power sources.

  • August 07, 2024

    A Harris-Walz Win Would Also Make History In Minnesota

    A November win for the presumed Democratic presidential ticket would not just land another historical first for the nation, it would also be a double score for Minnesota as Lt. Gov. Peggy Flanagan would become both its first female governor and Native American woman to lead a state.

  • August 06, 2024

    New Bill Would Create 400K-Acre National Monument In Ariz.

    A bill introduced by a ranking member of the House natural resources committee looks to protect 400,000 acres in southern Arizona while declaring the site with ties to at least 13 federally recognized tribes a national monument.

  • August 06, 2024

    Miss. Casino Says License Dispute Belongs In State Court

    A lawsuit challenging the gambling license awarded to the Cherokee Nation's entertainment business should be sent back to state court where it was originally filed, a Mississippi casino operator told an Arkansas federal judge Monday.

  • August 06, 2024

    Ariz. Tribe Seeks To Block Lithium Exploration Project

    An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.

  • August 06, 2024

    DC Circ. Axes FERC Reauthorizations For Texas LNG Projects

    The D.C. Circuit on Tuesday vacated reauthorization orders that the Federal Energy Regulatory Commission issued for liquefied natural gas projects on the Texas Gulf Coast over environmental analysis deficiencies.

  • August 06, 2024

    Energy Dept. Awards $2.2B For 8 Grid Upgrade Projects

    The U.S. Department of Energy on Tuesday awarded $2.2 billion of congressional funding for an eight-pack of electric grid projects, including $700 million for a transmission line that would create a new link between the western and eastern portions of the U.S. grid.

  • August 05, 2024

    Wis. Bank Settles Tribal Group's Bias Suit Over Peyote Use

    A local Wisconsin bank and Native American company Medicine Fireplace have jointly told a federal judge they've resolved a lawsuit claiming that the financial institution denied service to the nonprofit firm, whose members use the hallucinogenic peyote plant in their religious ceremonies.

  • August 05, 2024

    GSA Makes First Tribal Carbon-Free Electricity Purchase

    A Seneca Nation holding company is the first tribal majority-owned business to be awarded a bid from the U.S. General Services Administration to sell carbon pollution-free electricity to the federal agency, a move that's been in the works since at least April.

  • August 05, 2024

    Tribe Says DOI Must Finalize New Recognition Rule

    A Michigan tribe wants a D.C. federal district court to enforce a Nov. 1 deadline on the U.S. Department of the Interior to complete the process for a new rule that would address eligibility to reapply for federal recognition or otherwise hold Secretary Deb Haaland in contempt.

  • August 05, 2024

    Washington, Tribes Back EPA's Health Criteria For The State

    The state of Washington and five Native American tribes have argued that the U.S. Environmental Protection Agency rightly restored more than 140 human health criteria aimed at protecting the state's residents from toxic pollutants, urging a D.C. federal judge to reject several business groups' attempt to overturn the agency's rule.

  • August 05, 2024

    9th Circ. Denies Rehearing Bid In ESA Fish Protection Suit

    The Ninth Circuit denied conservation groups' request to rehear a ruling affirming the federal government's approval of water supply contracts for the Central Valley Project in California.

Expert Analysis

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • What New EPA Enforcement Initiatives Mean For Industry

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    With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • 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.

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