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Native American
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April 04, 2024
ND Judge Tosses DAPL Protester's Claims Against Police
A North Dakota federal judge said he is dismissing claims a woman filed against police after suffering "horrific injuries" when she was hit by a flashbang during the Dakota Access Pipeline protests in 2016.
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April 04, 2024
EPA Names Nonprofits To Get $20B From New GHG Fund
At least $20 billion is heading out of the U.S. Environmental Protection Agency's door to eight nonprofits that will disburse the money for "green" projects such as distributed energy, net-zero buildings, and zero-emissions transportation projects.
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April 04, 2024
Great Lakes Fishing Pact Tramples Treaty Rights, Tribe Says
The Sault Ste. Marie Tribe of Chippewa Indians is asking the Sixth Circuit to undo a Great Lakes fishing decree between it and four other tribes and the state of Michigan, arguing the decree was entered without its consent and imposes upon its treaty rights.
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April 03, 2024
Calif. Tribe Sues DOI Over Tribal Ancestry Procedure
A California Native American tribe has accused the U.S. Department of the Interior of using an unconstitutional and unregulated race-based procedure for determining tribal ancestry in a new lawsuit in D.C. federal court.
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April 03, 2024
Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue
The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.
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April 03, 2024
SD Gov. Noem Asks Tribes To 'Banish' Mexican Drug Cartels
South Dakota Gov. Kristi Noem has called on Native American tribes throughout the state to "banish" Mexican drug operators from tribal lands, saying that Indian reservations serve as ideal areas where cartels can set up their illicit operations.
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April 03, 2024
Gov't Says Alaska Gold Mine Approvals Should Stand
The U.S. government is defending its approvals for a large open-pit gold mine along the Kuskokwim River in southwest Alaska, telling a federal judge a half dozen tribes challenging them fail to show that agencies did not take the required "hard look" at project impacts.
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April 03, 2024
Native Group's Battle With Commanders Unfit For N. Dakota
A Native American advocacy group's defamation and conspiracy suit against the Washington Commanders has been booted from North Dakota federal court after a judge ruled the franchise's ties to the state were "incidental."
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April 02, 2024
Alaska Judge Tosses Opioid Nuisance Case Against Pharmacies
Retail pharmacies including Walgreens Co. and Walmart Inc. have escaped a suit brought by Alaska in state court over their role in the opioid epidemic after a judge found the state's public nuisance claims were a "bridge too far."
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April 02, 2024
Casino Outfits Say High Court Must Review Tribal Betting Suit
The U.S. Supreme Court is the correct venue for a case by two casino operators that seek to undo a tribal gaming compact in Florida now that the state's Supreme Court has refused to take up the case, one of the companies has told the nation's highest court.
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April 02, 2024
Okla. High Court Denies Gov.'s Veto Suit Over Tribal Compacts
The Oklahoma Supreme Court on Tuesday denied Gov. Kevin Stitt's suit against state lawmakers over two veto overrides on tribal tobacco and motor vehicle compacts, saying the executive branch doesn't have exclusive authority to negotiate state-tribal compacts.
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April 01, 2024
Forest Service Must Revisit Changes To Timber Standards
An Oregon federal judge has agreed to set aside an environmental analysis for timber standard changes the U.S. Forest Service approved for millions of acres of federal land across eastern Oregon and Washington, finding no errors in a magistrate judge's conclusion that the agency violated multiple federal statutes.
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April 01, 2024
Feds Catch Win In Alaska Subsistence Fishing Dispute
A federal judge has granted the U.S. government's bid for an early win in its challenge against Alaska over subsistence fishing rules in the Kuskokwim River, which runs through the state's southwest region, ruling that the United States is entitled to a permanent injunction.
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April 01, 2024
Tribe, Allies Defend Standing To Fight Corps' Fish Farm Permit
The Army Corps of Engineers is trying to "muddy the water" to fend off a challenge to a nationwide permit opening ocean waters to aquaculture operations, failing to justify why the permit shouldn't be scrapped, the Quinault Indian Nation and nonprofit allies have told a Washington federal judge.
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April 01, 2024
BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings
BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.
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April 01, 2024
SunZia Power Line Challenge Is Ripe, Arizona Tribes Say
A coalition of Arizona tribes and conservation groups challenging the federal government's green light for SunZia Transmission LLC to start building a stretch of its 550-mile, high-voltage power line are defending the timeliness of their bid to halt work and compel the Bureau of Land Management to identify and safeguard cultural sites and sacred areas in the San Pedro Valley.
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April 01, 2024
High Court Won't Hear Mass. Residents' Tribal Land Dispute
The U.S. Supreme Court on Monday denied a petition by a group of Massachusetts residents seeking to reverse a ruling that allowed the Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino.
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March 29, 2024
Rural Carriers Worry FCC Broadband Maps 'Vastly' Inaccurate
Rural wireless carriers are concerned Federal Communications Commission maps do not accurately depict where mobile broadband service is available, putting federal support funds at risk.
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March 29, 2024
Bill Would Ease Native American Travel Across Canadian Border
A bipartisan bill recently introduced in the U.S. House of Representatives would simplify the process for indigenous community members to cross the U.S.-Canadian border by eliminating a blood quantum requirement and allowing them to use tribal-issued identification as proof of membership in a federally recognized tribe.
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March 29, 2024
NTIA Issues $811M In State Digital Equity Funding
The Biden administration is releasing the allocation of the first $811 million of the $1.25 billion in digital equity funding it plans on providing states, territories and tribes to ensure everyone within their borders has the ability and skill to access all the internet has to offer.
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March 29, 2024
Tribes Lose Challenge To Minnesota Water Quality Regs
A Minnesota federal judge on Friday shot down a suit by two Native American tribes accusing the U.S. Environmental Protection Agency of allowing the state to adopt less protective water quality standards that could harm their reservations' wildlife and crops.
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March 29, 2024
No Need To Revisit 'Cultural Resource' Ruling, Teck Argues
A Teck Resources unit is urging a Washington federal judge to reject the Confederated Tribes of the Colville Reservation's request to reconsider an order dismissing its claims for so-called tribal service losses stemming from a smelter's Columbia River pollution, saying the tribe erroneously argues limitations on natural resource damages don't apply to tribes.
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March 29, 2024
Texas Farmers Sue USDA Over Sex, Race Disaster Aid Priorities
A group of Texas farmers is asking a federal district judge to declare the U.S. Department of Agriculture's disaster assistance and pandemic relief programs unconstitutional, alleging in a complaint Friday that the government distributes the aid based on sex and race in violation of federal anti-discrimination laws.
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March 29, 2024
Red States Say Court Must Lift LNG Export Review Pause
A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.
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March 29, 2024
Feds, Energy Cos. Clash Over Osage Wind Farm Damages Trial
The U.S. government and Enel Green Power North America Inc. are both pushing to shape a damages trial set for May after a federal judge ordered the ejectment of more than 80 wind turbines the companies installed on Osage Nation land in Oklahoma without required mineral leases.
Expert Analysis
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Buy America Guidance Still Unclear On Treaty Obligations
Both initial and proposed guidance on implementation of the Build America, Buy America Act failed to address potential conflicts with international treaty commitments, which means federal agencies and states may implement Buy America procurement policies in a manner that violates U.S. trade obligations, say attorneys at Akin.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Recent Rulings Affirm Tribal Sovereign Immunity And Joinder
Two recent rulings from the Ninth Circuit and one from the Western District of Washington attest to the strength of tribal sovereign immunity — even in cases where there is no named tribal party — and strongly suggest that tribes themselves are best positioned to represent their own interests, say attorneys at K&L Gates.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.