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Native American
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July 02, 2024
Native American Activist Leonard Peltier Denied Parole
The U.S. Parole Commission on Tuesday denied parole for Leonard Peltier, a Native American activist serving a life sentence for his conviction in the 1975 slayings of two FBI agents, despite an array of calls for clemency over the years from such luminaries as Pope Francis and the Dalai Lama, as well as tribes, civil rights groups and federal lawmakers.
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July 02, 2024
Data Analysis Shows Swift Influx In EPA Brownfield Grants
A Law360 Real Estate Authority analysis of the U.S. Environmental Protection Agency's brownfield grant awards since the program's inception shows a steep increase in funding, particularly in funding of cleanups, since the Bipartisan Infrastructure Law was passed in 2021.
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July 02, 2024
Alaska Village Hits Army Corps With Gold Mine Permit Suit
The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.
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July 02, 2024
Interior Dept. OKs Atlantic Shores South Wind Project
The U.S. Department of the Interior on Tuesday said it's approving the Atlantic Shores South offshore wind project, the ninth such commercial-scale project given a green light by the Biden administration.
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July 02, 2024
High Court Vacates Tribes' Legislative Privilege Dispute
The U.S. Supreme Court on Tuesday vacated and remanded two North Dakota tribes' challenge to a lower court's ruling that held the state's lawmakers are immune from civil discovery in a voting rights lawsuit, with instructions to the Eighth Circuit to dismiss the case as moot.
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July 01, 2024
Red States Get Biden Admin's LNG Export Pause Halted
A Louisiana federal judge Monday stayed the Biden administration's pause on reviewing applications to export liquified natural gas to countries without free trade agreements, slamming the U.S. Department of Energy's decision as appearing to be "completely without reason or logic and is perhaps the epiphany of ideocracy."
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July 01, 2024
Washington State, Tribes Can Wade Into Water Regs Dispute
A D.C. federal judge said Washington state and five Native American tribes can intervene in a business group's lawsuit trying to overturn the U.S. Environmental Protection Agency's decision to reestablish water quality standards for the Evergreen State that it had rolled back during the Trump administration.
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July 01, 2024
RNC, Arizona Lawmakers Can't Pause Voting Rights Order
The Republican National Committee and two top Arizona lawmakers can't pause a decision that bars provisions of voting legislation from being enforced pending an appeal to the Ninth Circuit, an Arizona federal judge said Friday, while also determining that the state's Republican Party can't weigh in on the dispute.
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July 01, 2024
Enbridge Tells Michigan Judge To Speed Up Pipeline Ruling
Enbridge Energy has told a Michigan federal judge to get moving on critical motions that have been pending for years in one of the legal contests over Michigan's efforts to shut down a crude oil and natural gas pipeline that traverses the Great Lakes State.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Will 'Moral Victory' In Purdue Ruling Help Plaintiffs?
The U.S. Supreme Court's decision that the Sackler family members who own Purdue Pharma LP cannot be shielded by the bankruptcy code from lawsuits over the opioid crisis reflects the widespread public outrage over their role in the epidemic, but experts say it remains unclear what will happen next for the individuals and governments that have sued the company.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
FCC Subsidy Opponents File New 5th Circ. Challenge
A free-market group and others seeking to overturn the Federal Communications Commission's telecom subsidy system has again filed suit in the Fifth Circuit to oppose the industry fees that fund the programs.
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June 28, 2024
DC Circ. Panel Rejects Mich. Tribe's Casino Land Trust Bid
A D.C. appellate court panel on Friday rejected a Michigan tribe's bid to compel the federal government to take land into trust for a casino venture outside Detroit, saying the court is not convinced that the tribe's proposal to channel a portion of the profits into the tribal community's unmet needs is lawful.
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June 28, 2024
Tulsa Fights Prisoners' Bids To Join Jurisdiction Row
The city of Tulsa is fighting bids by nearly a dozen people incarcerated within the Oklahoma Department of Corrections to intervene in a challenge by the Muscogee (Creek) Nation over tribal jurisdiction, arguing that the federal district court first must consider the municipality's motion to dismiss the lawsuit.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Freedmen Heir Has Standing In Land Leasing Row, Court Says
A descendant of those enslaved by the Cherokee Nation can challenge the federal government's alleged restriction on funds from early 20th century land allotments, a D.C. Circuit judge said, arguing that she suffered a cognizable injury due to the Interior Department's failure to provide an accounting of the transactions.
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June 27, 2024
OptumRx Agrees To Pay $20M To Resolve DOJ Opioid Claims
OptumRx Inc. has reached a $20 million deal with the U.S. Department of Justice to end allegations the company improperly filled opioid prescriptions in combination with other drugs, the Justice Department announced Thursday.
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June 27, 2024
Bill Would Add Protections For Native American Children
A bipartisan bill recently introduced in the U.S. House and the Senate puts new safeguards in place for Native American children, according to lawmakers who say it will help kids avoid getting removed from their families due to overt or implicit bias against Native parents and tribes.
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June 27, 2024
Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11
The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
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June 27, 2024
Alaskan Land Trust Fight Remanded Over Misplaced Authority
An Alaska federal judge has vacated and remanded a decision from the U.S. Department of the Interior to take a 787-square-foot piece of land in downtown Juneau into trust for an Alaskan tribal government, saying the agency relied on an aboriginal title factor already established in a law designed to settle the state's land claims.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Design Patent Attys Wary Of Applicant Disclosure Proposal
Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
Expert Analysis
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Lessons From Country Singer's Personal Service Saga
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.
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Series
Baking Bread Makes Me A Better Lawyer
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.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
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.
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The 5 Most Important Bid Protest Decisions Of 2023
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.
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7 E-Discovery Predictions For 2024 And Beyond
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.
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How DOI Aims To Modernize Resource Damage Assessments
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.
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5 Litigation Funding Trends To Note In 2024
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.
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Growing Green Tech Demand Spells Trouble For Groundwater
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.
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Cannabis Banking Bill Uncertainty May Actually Be A Blessing
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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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.