Native American

  • May 09, 2024

    Efforts To Enact Savanna's Act Falling Short, Lawmakers Say

    Two U.S. senators behind a law aimed at reforming law enforcement protocols to address the crisis of missing and murdered Native American women are pressing the U.S. Department of Justice to step up its efforts to finalize its implementation.

  • May 09, 2024

    Judge Halts DEA's Hearing On Proposed Psychedelics Ban

    An administrative law judge with the U.S. Drug Enforcement Administration has ordered the agency to cancel a June 10 hearing on its proposal to ban two psychedelic substances while a researcher's federal lawsuit challenging the agency's actions plays out in court, according to an order made public Thursday.

  • May 09, 2024

    Caremark Can Seek Arb. In Oklahoma Tribe's Prescription Suit

    An Oklahoma federal court judge has paused a dispute between the Muscogee (Creek) Nation and Caremark LLC until the pharmaceutical company can resolve a bid to compel the tribe into arbitration in an Arizona court over unpaid reimbursement claims.

  • May 09, 2024

    Red States, Electric Co-Ops Challenge EPA Power Plant Rules

    Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.

  • May 09, 2024

    Biden Seeks To Elevate Interior Dept. Official To No. 2 Post

    The White House announced Thursday that President Joe Biden intends to nominate Fish and Wildlife Assistant Secretary Shannon A. Estenoz as deputy secretary of the U.S. Department of the Interior.

  • May 08, 2024

    Tribes And Groups Urge 9th Circ. To Uphold TikTok Ban Pause

    Free speech and internet advocacy groups, as well a Native American nonprofit and two tribes, are urging the Ninth Circuit to uphold a lower court's decision that blocks Montana from banning social app TikTok, arguing that First Amendment protections include such media platforms.

  • May 08, 2024

    ND Changes Course In Residents' High Court VRA Dispute

    In a move Native American tribes are calling "unconscionable," North Dakota Secretary of State Michael Howe is asking the U.S. Supreme Court to vacate and remand Voting Rights Act litigation, saying the state is unable to defend the basis for which it won the lawsuit.

  • May 08, 2024

    BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

    The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

  • May 08, 2024

    In Final Memo, Blumenauer Eyes Path Forward For Cannabis

    Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who plans to retire this year, is calling marijuana reform a "winning issue" for policymakers and outlined numerous actions both legislators and federal agencies can take to move the issue forward.

  • May 08, 2024

    Mont. Tribe Says Feds Must Sign Law Enforcement Contract

    The Northern Cheyenne Tribe has accused the U.S. government of failing to provide the tribe with adequate law enforcement services, urging a Montana federal judge to order it to sign a tribal self-determination contract with an annual funding amount of at least $325,829.

  • May 07, 2024

    DOI Gives States And Tribes $148M For Drought Resiliency

    The U.S. Department of the Interior has said it has invested nearly $148 million to help states and Native American tribes prepare for water reliability challenges due to drought and other scarcity concerns, saying the money will go to 42 projects in 10 states.

  • May 07, 2024

    PolyMet Land Swap Discovery Order Paused, For Now

    PolyMet Mining doesn't have to produce information it had previously withheld in a Minnesota tribe's challenge to undo a land swap, a federal district court determined after the company asked for emergency relief to avoid any potential harm it said could come from wrongfully disclosing privileged documentation.

  • May 07, 2024

    Alaska Tribes Say USDA Didn't Consult On Broadband Grants

    Two Alaskan tribes are taking the U.S. Department of Agriculture to federal court after they say the agency gave away $70 million in funds meant to help connect them to the internet after falsely declaring them "served" without checking with the tribes, as they were legally obligated to do.

  • May 07, 2024

    Energy Dept. Says Red States Can't Block LNG Export Pause

    The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.

  • May 06, 2024

    US Army Looks To Dismiss Tribe's Repatriation Lawsuit

    The U.S. Army is seeking to dismiss efforts by a Native American tribe to repatriate the remains of two boys from one of the largest former Indian boarding schools in the country, arguing that it is "ready and willing" to assist to return them to their final resting places.

  • May 06, 2024

    Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling

    Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.

  • May 06, 2024

    Chickasaw Can't Reopen Optum Prescription Payback Suit

    An Oklahoma federal judge has denied a bid by the Chickasaw Nation to reopen its lawsuit over prescription reimbursement claims, ruling that the tribe has not met its burden of showing that provider UnitedHealth Group's Optum waived its right to arbitration.

  • May 06, 2024

    Prof's Free Speech Suit Over Native Land Statement Falls Flat

    A federal judge has tossed a professor's suit alleging the University of Washington violated his First Amendment rights after he opposed including an acknowledgment of Native Americans in his syllabus for a computer science course, saying his stance created a burden for the school.

  • May 06, 2024

    Feds Agree To Terminate Pipeline's Right-Of-Way Permit

    A New York federal judge has paused litigation between the Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service for 75 days while the agency terminates a right-of-way permit for a wastewater pipeline, saying it is "in the interest of judicial economy" and recognizing the tribe's concerns.

  • May 03, 2024

    Navajo Ask Biden To Stop Uranium Movement On Tribal Lands

    The Navajo Nation's government leaders are calling on President Joe Biden to halt the transport of uranium ore across the tribe's reservation lands, arguing that the practice disregards its laws and threatens its territorial integrity and sovereignty.

  • May 03, 2024

    Fed Bill Will Give Ga. Its First Nat'l Park, Protect Burial Lands

    Georgia congressional lawmakers have introduced bipartisan legislation that would establish the Peach State's first national park, upgrading the site from its national monument status while also offering protections for more Native American burial mounds.

  • May 03, 2024

    Fla. Business Groups Line Up Behind State In CWA Permit War

    A coalition of national companies and Florida-based business groups is weighing in on behalf of the state in its battle to convince the D.C. Circuit to stay a lower court's ruling that stripped it of the authority to administer a Clean Water Act program.

  • May 03, 2024

    Publix Can't Send Questions To Ga. Justices In Opioid Suit

    A federal judge overseeing national opioid litigation has rejected Publix's bid to ask the Georgia Supreme Court "convoluted and confusing" questions about if the state's public nuisance law applied to allegations the supermarket chain overdistributed painkillers.

  • May 02, 2024

    Congress Wants More Data On Broadband Program's Value

    The Affordable Connectivity Program — which is rapidly running out of money — was on everyone's tongues at a Senate subcommittee hearing on broadband affordability Thursday morning, with Democrats and Republicans agreeing on little more than the need for more data on how many Americans rely on the subsidy to stay online.

  • May 02, 2024

    Biden Expands Protections For 2 National Monuments In Calif.

    President Joe Biden on Thursday expanded protections on nearly 120,000 acres of land for two California national monuments considered sacred to Native Americans, while permanently returning one to its original Indigenous name.

Expert Analysis

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • Futility Exception To Remanding Rule Could Be On Last Legs

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    A recent Fifth Circuit decision squarely confronting the futility exception to remanding cases with insufficient subject matter jurisdiction leaves the Ninth Circuit alone on one side of a circuit split, portending a tenuous future for the exception, say Brett Venn and Davis Williams at Jones Walker.

  • 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.

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