Native American

  • May 10, 2024

    EPA Tightens Copper-Smelting Toxic Emissions Standards

    The U.S. Environmental Protection Agency is finalizing regulations it says will reduce toxic, cancer-causing emissions from copper-smelting facilities.

  • 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.

Expert Analysis

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

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