Native American

  • 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.

  • January 10, 2025

    FWS Rejects Bids To Strip Protections From Grizzly Bears

    The U.S. Fish and Wildlife Service has rejected petitions from Montana and Wyoming to strip federal Endangered Species Act protections of grizzly bears in the Northern Rocky Mountains, saying it will instead look to shrink the geographic areas where they are protected.

  • January 10, 2025

    Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says

    Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.

  • January 10, 2025

    Minn. Tribal Casino Execs Look To Nix Class III Gaming Fight

    Executives of two Minnesota tribal casinos are urging a federal district court to toss a challenge by a commercial casino and horse racetrack operator that claims they're illegally fighting to dominate the state's gambling industry through Class III gaming, arguing that a recent Ninth Circuit decision weighs in their favor.

  • January 09, 2025

    Tribe's Atty Looks To Ax Remaining Claims In $14.6M Suit

    An attorney who has represented the Modoc Tribe of Oklahoma as general counsel has asked a federal judge in a $14.6 million racketeering and breach of contract dispute against a computer management company to toss the case or pause it pending a circuit court appeal.

  • January 09, 2025

    ND Voting Laws May Be Undone In 8th Circ., Justices Told

    Two local North Dakota Republican Party officials are urging the Supreme Court to take up their bid to reverse a lower court's ruling over newly created subdistricts for Native American voters, arguing that the "highly unusual" procedural posture of similar suits in the Eighth Circuit are likely to be overturned.

  • January 09, 2025

    Airlines Say 9th Circ. Should Mull Seattle Airport Pollution Suit

    Delta Air Lines and Alaska Airlines have told a Washington federal court that the Ninth Circuit should immediately consider the jurisdictional and preemption issues raised in a proposed class action from property owners and residents over alleged flight-path pollution near Seattle-Tacoma International Airport.

  • January 09, 2025

    Feds Award Millions To Tribes For Safe Water, Homes, Climate

    With a week left in its term, the Biden administration has doled out millions to states and tribal communities throughout the country to boost efforts toward more reliable water sources, to take on housing health and safety hazards and to continue the ongoing battle against climate change.

  • January 08, 2025

    DOI's Arctic Refuge Oil Lease Sale Yields No Bidders

    The U.S. Department of the Interior reported Wednesday that it has received no bids from companies to drill for oil and gas in Alaska's Arctic National Wildlife Refuge.

Expert Analysis

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • 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.

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