Native American

  • December 09, 2024

    BNSF Asks 9th Circ. To Upend Tribe's $400M Trespass Win

    BNSF Railway Co. has argued the Ninth Circuit should reverse a lower court's finding that the company owes a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, saying the "massive penalty" is excessive because it strips away lawfully earned profits.

  • December 09, 2024

    Pressure Growing For Biden To Pardon Native Activist

    As President Joe Biden nears the end of his term, calls to pardon a Native American activist serving a life sentence in the 1975 slayings of two FBI agents are again ramping up, with the chair of the Senate Committee on Indian Affairs asking Biden to "right a historic wrong."

  • December 09, 2024

    Beveridge & Diamond Picks Up Longtime DOJ Enviro Litigator

    Beveridge & Diamond PC has hired the former chief of the law and policy section at the U.S. Department of Justice's Environment and Natural Resources Division, who is bringing his more-than 26-year government experience in environmental law to the D.C. team, the firm announced Friday.

  • December 07, 2024

    Up Next: Environmental Reviews, Wire Fraud & TM Awards

    The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.

  • December 06, 2024

    Wash. City Says Tribe's ER Shelter Sidesteps Safety Concerns

    The city of Toppenish has told a Washington federal judge that the Yakama Nation has no right to use a local property within reservation boundaries to operate a 24-hour emergency cold weather shelter, arguing that building health and safety issues can't be sidestepped.

  • December 06, 2024

    Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling

    A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.

  • December 06, 2024

    Veterans Courts Help Some, But Leave Many Others Behind

    Veterans treatment courts have helped thousands of justice-involved vets with addiction and mental health issues, but strict eligibility rules, difficulty identifying defendants and a lack of courts mean many former service members are still falling through the cracks.

  • December 06, 2024

    Feds Want Full DC Circ. To Reverse Panel's NEPA Regs Ruling

    Two D.C. Circuit judges who ruled a White House agency lacks authority to issue regulations implementing the National Environmental Policy Act violated a cornerstone legal tenet and must be overturned, according to the federal government.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Okla. Court Says Tulsa Can Prosecute Indian Country Crime

    An Oklahoma Criminal Appeals Court will not dismiss a challenge by the city of Tulsa that questions its jurisdictional rights on reservation lands, saying the municipality's ability to prosecute crimes is centered in a U.S. Supreme Court ruling that said states can prosecute non-Indians for crimes against Indians on tribal land.

  • December 05, 2024

    Wash. Gov.'s Executive Order Backs Tribal Salmon Initiative

    Washington Gov. Jay Inslee has, in an executive order, directed state agencies to cooperate with four sovereign tribal nations and Oregon to fulfill commitments to the Columbia Basin Restoration Initiative, which aims to protect salmon and steelhead populations.

  • December 05, 2024

    Utah Defends Effort To Wrest Land From Feds At High Court

    Utah told the U.S. Supreme Court on Wednesday that its proposed lawsuit accusing the government of unconstitutionally hoarding and profiting from public lands in the state belongs before the justices and that the government's recent response strengthens its case.

  • December 05, 2024

    Feds Invest $849M For Water Infrastructure Improvements

    An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.

  • December 04, 2024

    Some Religious Gathering Limits Are OK, Texas Justices Told

    The city of San Antonio hit back Wednesday at Native American church members' reliance on a Texas constitutional amendment banning limitations on religious services, telling the Texas Supreme Court that the amendment must be viewed in the context of COVID-19 restrictions.

  • December 05, 2024

    CORRECTED: No Error In RICO Dismissal, Softek Tells Court

    A computer management company sued by the Modoc Nation in a $14.6 million breach of contract suit has urged an Oklahoma federal judge to deny the tribe's request that he reconsider his opinion tossing racketeering claims against the company. Correction: A previous version of this article's headline mischaracterized the judge's opinion on the RICO claim. The error has been corrected.

  • December 04, 2024

    Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties

    U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.

  • December 04, 2024

    Hoopa Valley Tribe Wants In On Trinity River Water Row

    The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.

  • December 03, 2024

    ND Calls Tribes' Bid For Riverbed Mineral Rights 'Irrational'

    North Dakota has hit back against the Mandan, Hidatsa and Arikara Nation's attempt to win a federal court declaration that it owns mineral rights beneath a portion of the Missouri River, arguing that the three tribes' claim of riverbed ownership is "irrational."

  • December 03, 2024

    Judge Says ND Can Intervene In Dakota Access Pipeline Row

    The state of North Dakota can back the federal government in a challenge by the Standing Rock Sioux Tribe over the Dakota Access Pipeline, a federal district court judge said, after the state argued that a shutdown would substantially impact its economy and undermine its sovereign interests.

  • December 03, 2024

    Data Caps Harm Consumers, Rural Electric Co-Ops Tell FCC

    As the Federal Communications Commission considers the impact of data caps some broadband providers impose on internet service plans, rural electric cooperatives have told the commission that caps are bad for consumers and that their own business model for broadband does not involve such usage limits.

  • December 03, 2024

    California Tribe Says Feds Didn't Consult On Casino Project

    A California tribe is looking to block the U.S. Department of Interior from approving a casino project on its historic homelands, arguing that the federal government failed to consult it on the endeavor that will irreparably harm its sovereignty and its rights over sacred objects located on the site.

  • December 02, 2024

    BIA Aims To Exclude Evidence In Assault Liability Case

    The Bureau of Indian Affairs is looking to throw out an array of evidence in a Montana federal court dispute over whether the agency is liable for a former officer's sexual assault of a Northern Cheyenne woman, arguing most of the information is based on hearsay, undisclosed opinion and privileged testimony.

  • December 02, 2024

    Fla. Tribe Sues Eli Lilly, CVS, Others Over Insulin Price-Fixing

    The Miccosukee Tribe in Florida is alleging drugmakers like Eli Lilly & Co. and pharmacy benefit managers like CVS illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a new lawsuit filed in New Jersey federal court.

  • December 02, 2024

    DEA Asserts Its Role As Proponent Of Pot Rescheduling Plan

    The Drug Enforcement Administration on Monday affirmed it was acting as the proponent of a proposal to loosen federal restrictions on marijuana, and the administrative law judge said supporters of rescheduling would not get an opportunity to cross-examine DEA witnesses.

  • December 02, 2024

    Ark. Governor Wants Out Of Cherokee Casino License Row

    Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.

Expert Analysis

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

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