Native American

  • August 01, 2024

    Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case

    Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.

  • August 01, 2024

    Calif. Tribe Can't Toss Casino Card Check Award, For Now

    A California tribe's bid to nix an arbitration award over an authorization card check process with UNITE HERE can't proceed for now, a federal judge ruled, saying the tribe's counsel didn't discuss the motion with the union's attorney before submitting it.

  • July 31, 2024

    Ayahuasca Church Can't Get $2.1M For Atty Fees

    Attorneys for a Phoenix-based church won't get their fees increased or have any part of their pay covered by the government, an Arizona federal judge has ruled, saying the church is not the winning party in its suit against several federal agencies because the court "never placed its stamp of approval" on a deal that allows the church to use ayahuasca.

  • July 31, 2024

    EPA Looks To Dismiss States' Water Rule Challenge

    The U.S. Environmental Protection Agency is asking a Louisiana federal court to toss a group of conservative-leaning states' and energy industry groups' lawsuit attempting to sink its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns.

  • July 31, 2024

    Pipeline Cos. Can Join FERC Approval Fight

    Companies behind a liquefied natural gas facility in Sonora, Mexico, and the Saguaro Connector Pipeline that will help serve it can weigh in on a challenge of Federal Energy Regulatory Commission approvals for the pipeline, the D.C. Circuit said Wednesday.

  • July 31, 2024

    Telecom Trespassing On Reservation Land, Oregon Tribes Say

    Lumen Technologies Inc. is trespassing on territory that belongs to the Confederated Tribes of the Warm Springs Reservation and has been for years, according to a lawsuit accusing the telecom of continuing to operate on an expired lease instead of striking a new deal for miles of laid fiber.

  • July 31, 2024

    Historical Association Backs Tribes In SunZia Power Line Row

    The National Association of Tribal Historic Preservation Officers is asking the Ninth Circuit to intervene in a challenge by a coalition of Native American tribes and environmentalists seeking to block SunZia Transmission from routing a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • July 31, 2024

    Final DOI Report Finds Nearly 1,000 Died At Boarding Schools

    Nearly 1,000 Indigenous children died while attending federal government-run boarding schools, according to the Department of Interior's second — and final — report that follows a three-year investigation into harsh conditions the students were forced to endure over the course of more than a century.

  • July 30, 2024

    Tribe Says Sovereignty 'Sea Change' At Stake In Tobacco Row

    A California tribe has opposed the U.S. government's bid to toss its suit fighting placement on a "non-compliant list" under a law that targets tobacco trafficking, telling a federal judge that forcing it to stop sales would cause a "sea change" in tribal sovereignty.

  • July 30, 2024

    Insurer Says Interior Dept. Must Face $20M Tribal Loan Claims

    U.S. Department of the Interior Secretary Deb Haaland waited too long to assert that an Ohio federal court cannot hear the case an insurer brought against it over a $20 million tribal loan guarantee, and the suit should be transferred to the Court of Federal Claims instead of being dismissed, the insurer has argued.

  • July 30, 2024

    Psychedelics And The Law: A Midyear Review

    A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.

  • July 29, 2024

    Bishops Say Boarding School Bill Lacks Churches' Input

    The U.S. Conference of Catholic Bishops says two federal bills that will create a commission charged with making policy recommendations to address the legacy of Indian boarding schools lack any religious representation and give unnecessary broad subpoena power over its churches' historical records.

  • July 29, 2024

    Utilities Seek 8th Circ. Freeze Of Power Plant Effluent Rule

    Utility companies, trade groups and nearly two dozen states are urging the Eighth Circuit to pause a challenged rule setting new wastewater limitations for coal-fired power plants, arguing that it will otherwise force utilities to commit to unreasonable investments or plant retirements.

  • July 29, 2024

    6th Circ. Revives Challenge Of Clean Water Rule

    Just 11 days after oral arguments, the Sixth Circuit on Monday revived Kentucky and industry groups' challenges to a federal government rule defining the scope of the Clean Water Act, finding a district court judge had improperly dismissed the case.

  • July 26, 2024

    2 Calif. Tribal Gaming Talks Advance, 1 Awaits DOI Assist

    Negotiations between two California tribes and the state over sports gaming compacts are winding down after nearly a year, while another tribe awaits intervention from the U.S. Department of the Interior to assist in talks after the Golden State failed to consent to a third agreement.

  • July 26, 2024

    Cherokee Entities Look To Dismiss Casino Licensing Dispute

    Two Cherokee Nation entities are asking a federal district court to toss a Mississippi casino's bid to void an Arkansas gaming license issued to the federally recognized tribe's entertainment business, arguing that the lawsuit was filed two years too late.

  • July 26, 2024

    Feds Invest $240M In Pacific Tribal Fish Hatchery Efforts

    Hatcheries that produce Pacific salmon and steelhead will get $240 million in federal funding as the U.S. Department of the Interior and the Commerce Department look to restore fish in the Columbia River Basin and mitigate the impacts of dams on tribes, the U.S. government said.

  • July 26, 2024

    Washington Cases To Watch 2024: A Midyear Report

    Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.

  • July 25, 2024

    11th Circ. Revives FCA Dispute Over Small Biz Contracts

    The Eleventh Circuit on Thursday revived a whistleblower False Claims Act case alleging new owners of a construction firm fraudulently secured orders under a program for disadvantaged small businesses, saying those owners should have told the Small Business Administration about the ownership switch.

  • July 25, 2024

    Ninth Circ. Vacates, Remands BIA Sexual Misconduct Dispute

    The Ninth Circuit vacated and remanded a lower court's ruling that the Bureau of Indian Affairs isn't liable for the actions of one of its officers who sexually assaulted a Northern Cheyenne woman, saying conflicting statements create a factual dispute regarding whether the officer was acting within the scope of his employment.

  • July 25, 2024

    SEC Seeks To Narrow Attack On Nasdaq Board Diversity Rule

    The U.S. Securities and Exchange Commission told the Fifth Circuit Thursday that conservative groups objecting to a Nasdaq rule mandating the disclosure of board diversity data can no longer complain about the exchange's offer to help companies recruit applicable candidates because that offer has expired, mooting at least one aspect of a broader attack against the rule.

  • July 25, 2024

    Pentagon Panel To Review Wounded Knee Medals Of Honor

    The U.S. Department of Defense will evaluate about 20 Medals of Honor awarded after the 1890 Wounded Knee conflict in South Dakota to ensure that no U.S. Army soldier was recognized with the nation's highest military accolade for inconsistent conduct.

  • July 25, 2024

    Lawmakers Take Stab At Energy Permitting As Election Looms

    U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.

  • July 25, 2024

    Alaska Sues To Block Federal Land Conservation Rule

    The state of Alaska is challenging a Bureau of Land Management rule that aims to conserve and protect public lands, saying the "vast majority" of the rule isn't allowed under state and federal law because of how it prioritizes "ecosystem resilience" over longtime policies.

  • July 25, 2024

    Calif. Appeals Court Revives Roadside Attraction Challenges

    A California state appeals court revived two suits targeting San Benito County approvals for a roadside attraction proposed to be built along Highway 101, holding that the Center for Biological Diversity and the Amah Mutsun Tribal Band filed timely challenges to the so-called Betabel Road project.

Expert Analysis

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

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