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Native American
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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April 23, 2024
Cole First Native American To Chair Appropriations Committee
Republican U.S. Rep. Tom Cole of Oklahoma, a citizen of the Chickasaw Nation, has become the first Native American to chair the full House Appropriations Committee, succeeding Rep. Kay Granger, who in March announced that she would be stepping down prior to her retirement.
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April 22, 2024
CORRECTED [New Headline]:Tribe Says NY Lottery Breaks Law
A tribe in New York has asked a federal judge to bar state officials from operating any lottery vending machines on its self-proclaimed reservation, saying gambling on Indian lands is within the jurisdiction of tribes and regulated by the Indian Gaming Regulatory Act.
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April 22, 2024
Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan
Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.
Expert Analysis
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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NEPA Reforms May Aid Project Speed, But Red Tape Remains
The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.
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Takeaways From Tribes' High Court Adoption Case Victory
The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Opinion
Okla. Bill Represents Restorative Justice For Tribal Students
Oklahoma law will soon confer Native American students with the right to wear traditional regalia during graduation ceremonies, removing uncertainty for Native American students and providing long-overdue restorative justice in the relationship between tribes and schools, says Bree Black Horse at Kilpatrick.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Bid Protest Spotlight: Timeliness, Discovery, Registration Gap
In this month's bid protest roundup, Michaela Thornton at MoFo examines recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office that consider the timeliness of a protest filing, discovery beyond the administrative record and a lapse in System for Award Management registration.
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Sackett's US Waters Redefinition Is A Boon For Developers
The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.
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Opinion
Despite Its Plan Objections, UST Also Won In Purdue Ch. 11
The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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EPA Nod For La. Program Bodes Well For Carbon Storage
The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.