Native American

  • April 30, 2024

    EPA Chief Faces House Appropriators Hostile To Agency Regs

    Former Interior Secretary Ryan Zinke grilled U.S. Environmental Protection Agency Administrator Michael Regan at a Congressional budget hearing Tuesday, telling him a new coal-fired power plant emissions rule threatens to increase ratepayer costs.

  • April 29, 2024

    Insurer Looks To Block $5.3M Theft Claim From Tribal Court

    An Ohio-based insurance company has sued several members of the Miccosukee Tribe of Indians of Florida, asking a Florida federal court to exercise jurisdiction in a coverage dispute over a $5.3 million loss from the tribe's casino by former employees.

  • April 29, 2024

    US, Tribes Defend Water Rule Against States', Biz Groups' Suit

    The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.

  • April 29, 2024

    BNSF Balks At $1.3B Demand For Trespass On Tribal Lands

    BNSF Railway Co. has told a federal Washington court to reject a tribe's bid for $1.3 billion in damages from years of illegally running oil cars across tribal territory, arguing that its financial responsibility should be limited to the small land area it trespassed.

  • April 29, 2024

    Defendant Seeks Tribe's Confidential Data In Smoke Shop Suit

    An entrepreneur being sued by the Cayuga Nation is arguing in New York federal court that he should be allowed to view "highly confidential" spreadsheets purportedly detailing revenue losses the tribe suffered due to an unlicensed smoke shop on tribal land, asserting he has no business ties to the store.

  • April 29, 2024

    Biden Admin's Border Wall Plan Must Be Vacated, Court Told

    Texas and Missouri again urged a federal judge Monday to vacate the Biden administration's plan to redirect congressional funding for a southern U.S. border wall as the White House pushed back, saying it would be an overreach to eliminate its directive.

  • April 29, 2024

    Fruit Co. Must Face Pollution Suit From Tribe, Enviro Groups

    A Michigan federal judge has ruled a fruit and vegetable company can't escape claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges, saying the company's defense essentially ignores the primary theory of liability put forward by a Native American tribe and two environmental groups. 

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    4 Takeaways From Final EPA Power Plant Rules

    The U.S. Environmental Protection Agency's long-awaited rule limiting greenhouse gas emissions from power plants accelerates the timeline for the electricity sector's transition away from fossil fuels, though there's plenty of legal and political uncertainty to consider. Here are four key takeaways from the EPA's power plant moves.

  • April 26, 2024

    Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting

    At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.

  • April 26, 2024

    Fla. Wants DC Circ. To Pause Wetlands Permits Decision

    The state of Florida has called on the D.C. Circuit to pause a lower court's February ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, arguing the decision is likely to be reversed.

  • April 25, 2024

    Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling

    Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.

  • April 25, 2024

    Gov't To Use Tribal Energy Purchase Preference For First Time

    The Biden administration announced Thursday that it intends to purchase thousands of megawatts of carbon-pollution-free electricity certificates from tribal sources, marking the first time the government will use a nearly two-decade-old procurement preference for tribally sourced energy.

  • April 25, 2024

    Biden Admin's Gas Venting Curbs Are Illegal, ND Says

    A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court.

  • April 25, 2024

    Tribes, Enviros Want A Say In Grand Canyon Monument Suits

    Three Native American tribes and a slew of conservation groups are asking an Arizona federal district court to intervene in separate lawsuits, seeking to protect an Indigenous sacred site in the Grand Canyon region from losing its National Monument designation.

  • April 25, 2024

    Feds Lose Bid To Toss SD Tribe's School Funding Suit

    A South Dakota federal judge has denied the Bureau of Indian Affairs' attempt to dismiss a tribe's lawsuit accusing the BIA of over-collecting on a $1 million school debt obligation, finding there are enough factual allegations asserted in the amended suit to keep it alive.

  • April 25, 2024

    Biden Permitting Reform To Fast-Track Power Line Approvals

    Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.

  • April 24, 2024

    Muscogee Supreme Court To Decide Descendants' Citizenship

    Two descendants of those enslaved by the Muscogee (Creek) Nation are in limbo as they await a decision from the tribe's high court on whether they can apply for citizenship — a ruling that could pave the way for others to be eligible for healthcare and other benefits under federal law.

  • April 24, 2024

    Feds Plan 12 Offshore Wind Lease Sales Through 2028

    U.S. Secretary of the Interior Deb Haaland said Wednesday the government will hold up to 12 offshore wind energy lease sales over the next five years now that updated regulations for renewable energy development on the Outer Continental Shelf have become final.

  • April 24, 2024

    EPA Floats $1B In School Bus, Truck Electrification Grants

    The U.S. Environmental Protection Agency on Wednesday said it would offer approximately $1 billion in grants to fund the electrification of school buses, garbage trucks and other heavy-duty commercial vehicles, another part of the Biden administration's efforts to decarbonize the U.S. transportation sector.

  • April 24, 2024

    Biden's Latest Judge Picks Include Blocked US Atty Nom

    President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.

  • April 23, 2024

    Investor Seeks Recovery From R. Kelly, Foxwoods Fallouts

    An investor has filed a Connecticut suit to recover a New York settlement worth nearly $877,000 after revolving credit deals and a security agreement surrounding a concert series that was headlined by since-imprisoned R&B artist R. Kelly at the Foxwoods Resort Casino fell apart.

  • April 23, 2024

    Maine Gov. Signs Bill Expanding Tribal Courts' Rights

    Maine Democratic Gov. Janet Mills on Monday signed into law a bill that, so far, imposes the most significant change to the state's controversial Indian Claims Settlement Act since its passage more than two decades ago.

  • April 23, 2024

    Florida Loses Bid To Stay Ruling Nixing Its CWA Permit Power

    A D.C. federal judge on Tuesday declined Florida's request to pause his ruling that stripped the state's federally delegated authority over a Clean Water Act permitting program, finding that the Sunshine State had not shown it was likely to succeed in its appeal of the ruling.

  • April 23, 2024

    BNSF Lowballing Oil Train Trespass Payout, Tribe Says

    A Washington tribe said Monday that BNSF Railway Co. raked in $500 million for shipping crude oil across its reservation for nearly a decade, calling the railroad's calculation that it should pay less than $175,000 for the illegal trespass an affront to the tribe's sovereign and treaty rights.

Expert Analysis

  • 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.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How IRA Unlocks Green Energy Investments For Tribes

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    An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.

  • What Nevada 'Superbasin' Ruling Means For Water Users

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    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

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