Native American

  • June 14, 2024

    Makah Tribe Can Resume Hunting Gray Whales

    The Makah Tribe can go back to its long-standing cultural practice of hunting gray whales off the coast of Washington now that the National Oceanic and Atmospheric Administration has authorized it to resume ceremonial and subsistence hunting in line with its treaty rights.

  • June 14, 2024

    Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution

    The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.

  • June 14, 2024

    Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant

    The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.

  • June 13, 2024

    Tribal Casino Tells 7th Circ. Ill. City Rigged Proposal Votes

    A proposed tribal casino has asked the Seventh Circuit to undo a lower court ruling that found Waukegan, Ill., did not intentionally discriminate against it when the city chose three other competitors to operate casinos, saying the city ran a rigged review process.

  • June 13, 2024

    Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade

    An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.

  • June 13, 2024

    Tribes Fight BC's Consultation Policy On Aboriginal Rights

    Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.

  • June 12, 2024

    ND Lawmakers Want In On Voting Rights Suit, 8th Circ. Told

    The North Dakota Legislative Assembly is asking the Eighth Circuit to reverse a lower court's order that denied its intervention in a bid to redraw the state's 2021 redistricting maps, arguing that two tribes' adopted voting map should be vacated and the lawmakers should be afforded a chance to come up with a remedial plan.

  • June 12, 2024

    Tribes Say Court Must Examine Spill Risks In Gold Mine Row

    Half a dozen tribes that oppose a large open-pit gold mine along the Kuskokwim River in southwest Alaska have urged a federal judge to vacate a U.S. Army Corps of Engineers authorization for the project, saying the government has wrongly interpreted environmental concerns.

  • June 12, 2024

    Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say

    Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.

  • June 12, 2024

    EPA Tells DC Circ. Emissions Rules Should Stay In Place

    The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.

  • June 11, 2024

    Ariz. Wants To Oppose Its Legislature In Monument Lawsuit

    The state of Arizona wants to intervene in a lawsuit by its Republican House and Senate lawmakers that challenges President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument, arguing that the legislative body lacks authority to assert those claims in federal district court.

  • June 11, 2024

    Army's Claims In Burial Dispute 'Unconscionable,' Tribe Says

    A Nebraska tribe seeking to repatriate the remains of two boys from an Indian boarding school cemetery in Pennsylvania has said the U.S. Army's claims that it is exempt from a federal law designed to protect Native American burial sites are "unconscionable."

  • June 11, 2024

    Watchdog Says EPA's Lead Exposure Notice Program Lagging

    The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.

  • June 11, 2024

    Federal Judgeships To Open In Pennsylvania And New Mexico

    Federal district judge seats in Pennsylvania and New Mexico will open early next year, as two appointees of former President George W. Bush have said they will step down.

  • June 11, 2024

    Singleton Schreiber Adds Tribal And Environmental Law Pro

    Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 10, 2024

    IHS Urges Budget Shift After High Court Healthcare Ruling

    The Indian Health Service, following a divided U.S. Supreme Court decision affirming that the federal government is liable for the reimbursement of millions in administrative healthcare costs for two Native American tribes, is urging Congress to shift its budget appropriations for fiscal year 2026 to protect the agency's overall health.

  • June 10, 2024

    9th Circ. Says Choctaw's Dispute With CVS Must Be Arbitrated

    A Ninth Circuit panel forced the Choctaw Nation to arbitrate a dispute over prescription drug reimbursement with CVS Health Corp. subsidiaries, affirming an Arizona federal judge's order in a published opinion Monday.

  • June 10, 2024

    FCC Urged To Add Missing Persons Code For Tribes

    Tribal leaders urged the Federal Communications Commission to consider adding a missing persons code specific to Indigenous people as it upgrades the Emergency Alert System.

  • June 10, 2024

    Co. Says 16 Intervenors Will Drag Out Alaska Mine Dispute

    A company seeking relief from a U.S. Environmental Protection Agency decision to block a mining proposal for a stretch of pristine salmon habitat on Alaska's Bristol Bay asked a federal judge to exclude more than a dozen environmental groups from joining the case.

  • June 10, 2024

    Justices Want Feds To Weigh In On ND Voting Dispute

    The U.S. Supreme Court on Monday invited the federal government to weigh in on a voting rights dispute in which two local North Dakota Republican officials seek to block newly created voting subdistricts for Native Americans after Secretary of State Michael Howe reversed course in the litigation.

  • June 10, 2024

    High Court Won't Review FCC's Universal Service Fund

    The U.S. Supreme Court declined Monday to review whether the country's fee-based telecom subsidy system unlawfully delegates taxing powers from Congress to the Federal Communications Commission and a privately run administrator.

  • June 07, 2024

    Motley Rice Allocated Biggest Share Of $2B Opioid Fees

    A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.

  • June 07, 2024

    Lumbee Tribe Family Says Bias Sunk Home Rental Application

    A family of Lumbee Native American tribe members has alleged that a national real estate rental company violated the Fair Housing Act's anti-discrimination provisions by denying their housing application based on the father's single criminal conviction without giving him a chance to appeal.

  • June 07, 2024

    Cherokee Man Asks High Court To Undo Tribal Tag Charges

    A Cherokee Nation man is asking the U.S. Supreme Court to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions, arguing that the state must be barred from broadening the definition of "registration plate" in regard to tribal-licensed tags.

Expert Analysis

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

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