Native American

  • January 17, 2025

    DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board

    The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.

  • January 17, 2025

    DHS Sec. Nominee Faces Senators Ahead Of Inauguration

    Appearing before senators on Friday, South Dakota Gov. Kristi Noem, nominee for secretary of the U.S. Department of Homeland Security, previewed the incoming Trump administration's crackdown on immigration and fielded questions on distribution of disaster aid in wake of the Los Angeles wildfires.

  • January 16, 2025

    Tribes, ND Spar Over High Court's Voting Rights Order

    Two North Dakota tribes say a decision by the Supreme Court rejecting an appeal over the state's voting subdistricts forecloses the secretary of state's argument that race was a predominant factor in redrawing the districts.

  • January 16, 2025

    Cherokee, Feds Reach $80M Settlement In Accounting Fight

    The Cherokee Nation and the federal government have settled a dispute for $80 million after a D.C. federal court last year determined that the U.S. had not fulfilled its duty to provide the tribe with a full accounting of its federal trust assets, ending nearly a decade of litigation.

  • January 16, 2025

    Mining Co. Can Intervene In Nevada Lithium Project Suit

    A Nevada federal judge is allowing the owner and developer behind the Rhyolite Ridge Lithium-Boron Mine to intervene in a dispute over the U.S. Department of the Interior's authorization of the project, saying the company satisfies all intervention requirements.

  • January 16, 2025

    USPTO Seeks Views On 'Traditional Knowledge' IP Treaty

    The U.S. Patent and Trademark Office requested comments Thursday on whether the U.S. should sign an international treaty that could require patent applicants to disclose if an invention draws on the traditional knowledge of indigenous people, which has concerned business groups.

  • January 16, 2025

    Trump EPA Pick Faces Climate Questions, Dodges Details

    President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.

  • January 16, 2025

    Interior Nom Stresses Need For More Fossil Fuels

    Interior secretary nominee Doug Burgum said on Thursday that he will promote U.S. energy dominance and add more fossil fuel-derived electricity to the grid, as Democrats and Republican senators sparred over how much emphasis should be given to renewables.

  • January 15, 2025

    Wash. City, Tribe Look To Settle 24-Hour ER Shelter Dispute

    A federal magistrate judge has ordered the city of Toppenish, Washington, and the Confederated Tribes and Bands of the Yakama Nation to immediately submit briefings on their dispute over a 24-hour emergency cold weather shelter, urging the parties to come to terms quickly on a settlement.

  • January 15, 2025

    Energy Secretary Nominee Emphasizes Production At Hearing

    Energy secretary nominee Christopher Wright promised on Wednesday to "unleash American energy at home and abroad," as Democratic and Republican senators questioned him on his commitment to carrying out transmission permitting reform and increasing nuclear energy generation.

  • January 15, 2025

    Calif. Tribe Fights State's Bid To Ax Gaming Compact Suit

    A federally recognized Indian tribe suing California and Gov. Gavin Newsom over a tribal-state gaming compact has asked a federal judge to deny their bid to dismiss state claims in the suit, saying they wrongly argue that state laws implementing the Indian Gaming Regulatory Act are independent of IGRA's requirements.

  • January 15, 2025

    Interior Department Finalizes New Tribal Recognition Rule

    The U.S. Department of the Interior has updated provisions to a federal rule that will allow Native American tribes that were denied federal recognition to re-petition for the title under certain conditions.

  • January 14, 2025

    DOI Greenlights Calif. Tribe's $700M Casino, Housing Project

    A California tribe is set to build a $700 million project near the San Francisco Bay area that is proposed to include a casino and resort, two dozen homes and a biological preserve, following years of litigation and controversy surrounding the endeavor.

  • January 14, 2025

    Tribe Members Look To Intervene In 8th Circ. Pipeline Case

    Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.

  • January 14, 2025

    10th Circ. Rolls Back University's Win In Race, Sex Bias Suit

    The Tenth Circuit revived a race and sex bias suit Tuesday from a Native American worker who said a university fired her after she faced discrimination and complained about it, stating she did enough to cast doubt on the institution's rationale that poor performance caused her termination.

  • January 14, 2025

    Tribes, Enviro Groups Say Mich. Ignored Climate In Tunnel OK

    Native American tribes and environmental groups urged a quiet Michigan appeals panel Tuesday to undo state approval of Enbridge Energy's plan to dig an underground tunnel to house an underwater segment of an oil and natural gas pipeline.

  • January 14, 2025

    Both Michigan US Attys Resign Ahead Of Inauguration

    Michigan's U.S. attorneys, Dawn Ison in the Eastern District and Mark Totten in the Western District, announced their departures this week ahead of President-elect Donald Trump's inauguration.

  • January 13, 2025

    FERC Defends Limited Review Of Cross-Border Gas Pipeline

    The Federal Energy Regulatory Commission told the D.C. Circuit it properly confined its review of a gas pipeline that crosses the Texas-Mexico border to a 1,000-foot segment known as a border facility, arguing that regulating the entire U.S. segment would exceed the agency's authority.

  • January 13, 2025

    Judge Says California Tribe Can't Block Casino Land Decision

    A California tribe can't block the Interior Department from taking 65 acres into trust for a fellow state tribe's proposed casino project, a federal district judge said, arguing that it has not satisfied the burden to prove an immediate threat of irreparable harm.

  • January 13, 2025

    Interior Department Approves Ore. Tribal Casino Amid Lawsuit

    The U.S. Department of the Interior gave its final approval to Oregon's first off-reservation casino amid litigation that looked to block the project, ending a 13-year application process for the Coquille Indian Tribe.

  • January 13, 2025

    Tax-Exempt Regs Should Cover Trust Payments, Tribes Say

    Five tribal leaders told the U.S. Treasury Department on Monday that trust payments distributed to members, including those issued to minors and special-needs individuals, should be included among the tribal welfare benefits that recent proposed rules would exempt from federal income taxes.

  • January 13, 2025

    Dems Seek Postponement Of Interior Secretary Hearing

    Democrats on the U.S. Senate's Energy and Natural Resources Committee on Monday asked for the nomination hearing for secretary of the U.S. Department of the Interior to be delayed, claiming they haven't received the requisite documents.

  • January 13, 2025

    Supreme Court Won't Hear ND Native Voting Rights Dispute

    The U.S. Supreme Court won't hear a challenge by two local North Dakota Republican Party officials to a lower court's ruling that said two of the state's new House subdistricts created to prevent Native American voter dilution were legally drawn under Section 2 of the Voting Rights Act.

  • January 13, 2025

    Justices Reject Utah's Effort To Wrest Land From Feds

    The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.

  • January 10, 2025

    DeSantis Vows More Money, Control Over Everglades Projects

    Florida Republican Gov. Ron DeSantis pledged to recommend $805 million of the state budget for continuing efforts in Everglades restoration and promised to take more control over water management, saying he hopes to work with the incoming Trump administration to expedite projects in order to reduce time and taxpayer expense.

Expert Analysis

  • Takeaways From High Court's Tribal Health Admin Cost Ruling

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    The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Opinion

    High Court Made Profound Mistake In Tossing Purdue Deal

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    The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FERC Rule Is A Big Step Forward For Transmission Planning

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    The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

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