Native American

  • February 05, 2024

    Groups Urge 9th Circ. To Overturn Alaskan Willow Project

    The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.

  • February 05, 2024

    Gold Mine Contractor Can Ditch Navajo's Negligence Claims

    A contractor for the U.S. Environmental Protection Agency can ditch negligence claims brought by the Navajo Nation over its work on a gold mine that spewed 3 million gallons of contaminants in 2015, a New Mexico federal judge ruled on Monday.

  • February 05, 2024

    Feds Slam Intervention Bids In BLM Grazing Analysis Dispute

    The Bureau of Land Management and green groups have asked a D.C. federal court to reject efforts by Idaho, Utah and a coalition of agriculture industry groups to intervene in the environmentalists' lawsuit challenging grazing allotments.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 02, 2024

    Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound

    Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.

  • February 02, 2024

    Youths Say DOJ Using Extreme Tactics To Delay Climate Trial

    Young people who claim the U.S. government is violating their rights with energy policies that are worsening climate change hit back against the Justice Department's latest bid to pause their suit before it can go to trial, saying courts should not tolerate its extreme delay tactics and shocking conduct.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

  • February 02, 2024

    Court's Claims Of Internal Dispute A Myth, Tribe Tells Fed. Circ.

    The Winnemucca Indian Colony is asking the Federal Circuit to overturn a decision that dismissed allegations in a $208 million breach of trust suit against the Bureau of Indian Affairs, saying the Court of Federal Claims wrongly characterized the events that underpinned its litigation as an internal dispute within the tribe.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 01, 2024

    Texas Judge Says Tribal Telecom Immune To Contract Suit

    A telecom owned by the Gila River Indian Community can't be sued in federal court for $247,000 in unpaid invoices stemming from a contract to provide the company with billing software, a Texas federal court has ruled.

  • February 01, 2024

    GAO Nixes Protests To Army's Costly Pick For $549M Deal

    The U.S. Government Accountability Office freed the U.S. Army Materiel Command from claims it unreasonably snubbed two contractors for an installation support deal in favor of a company with a more expensive bid, saying the command justified the price differential.

  • February 01, 2024

    Pharma Hikma Reaches $150M Opioid Settlement With States

    Hikma Pharmaceuticals and several attorneys general announced a $150 million agreement in principle on Thursday resolving cases brought by a group of states and localities alleging the company fueled the opioid crisis by failing to report suspicious opioid orders from potentially illegal distributors.

  • February 01, 2024

    Ariz. Tribes Push To Halt Work On SunZia Line

    Two tribes and conservation groups are urging an Arizona federal judge to pause construction on a 550-mile power transmission line approved by the U.S. Department of the Interior before the work damages historic and cultural resources they claim the government failed to properly assess and safeguard.

  • February 01, 2024

    Native Microcap Co. Seeks Stay In $3.4M Stock Scam Suit

    The chief executive officer of a penny stock company with Native American ties has asked a New York federal magistrate judge to pause a U.S. Securities and Exchange Commission suit, saying a trial may not be needed because a share buyback deal is underway.

  • February 01, 2024

    Alaska Tribes Seek Canada Recognition To Consult On Mines

    A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.

  • February 01, 2024

    Energy Co. Seeks Final $12.6M Award For Tribal Equipment

    Merit Energy Operations is asking a federal district court to enter judgment after an arbitration panel determined that two Wyoming Native American tribes must pay $12.6 million to purchase equipment from the company after a lease agreement to operate on reservation land expired.

  • January 31, 2024

    8th Circ. Won't Revisit VRA Ruling Nixing Private Right To Sue

    A split Eighth Circuit panel has declined to rehear arguments in a voting rights case in which civil rights groups accuse Arkansas officials of crafting a redistricting plan that dilutes minority voting strength, in turn upholding its prior ruling that private parties can't sue for alleged violations under Section 2 of the Voting Rights Act.

  • January 31, 2024

    ND Tribes' Bid For District Is Gerrymandering, 8th Circ. Told

    The basis for two Native American tribes' dilution allegations in a Voting Rights Act case constitutes a preference for racial gerrymandering in seeking to join their reservations into one elongated district, North Dakota Secretary of State Micheal Howe told the Eighth Circuit.

  • January 31, 2024

    MAGA Hat Teen Asks Justices To Hear Suit Against Media Cos.

    A man suing news organizations for defamation over their coverage of an encounter he had with a Native American activist while he was a teenager wearing a "Make America Great Again" hat is asking the U.S. Supreme Court to revive his claims, saying the Sixth Circuit was wrong to decide that descriptions of his actions during the confrontation were protected opinion.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 30, 2024

    EEOC's Kotagal Touts New Effort To Bolster Worker Outreach

    The U.S. Equal Employment Opportunity Commission has launched a new initiative led by Commissioner Kalpana Kotagal aimed at making the agency more accessible to workers from marginalized communities, especially in remote parts of the country where the agency's physical presence is limited. 

  • January 30, 2024

    Feds Say Talks Preferred In Wis. Tribal Roads Trespass Suit

    The federal government has said it prefers a negotiated resolution with a northern Wisconsin town that allows it to remain part of a tribal road system, but if an agreement can't be reached, it will continue to pursue trespassing claims and past damages against the municipality.

  • January 30, 2024

    Pipeline Cos. To Pay $7.4M For Oil Spill On Tribal Land

    U.S. officials are proposing an agreement for two companies to pay $7.4 million in penalties to settle Clean Water Act claims stemming from a July 2022 pipeline rupture in Oklahoma that spilled several hundred thousand gallons of crude oil into a creek on land owned by the Sac and Fox Nation.

  • January 30, 2024

    Tribe's Repeat Default Bids Disrespect Court, Blue Cross Says

    Blue Cross Blue Shield of Michigan says a Native American tribe's third request for a default win in its suit alleging the insurer overcharged for tribe members' care is disrespectful and constitutes a continued violation of a court order for the tribe to identify members involved in the insurance plan.

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

Expert Analysis

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    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.

  • NEPA Reforms May Aid Project Speed, But Red Tape Remains

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    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.

  • Takeaways From Tribes' High Court Adoption Case Victory

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    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.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    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.

  • Opinion

    Okla. Bill Represents Restorative Justice For Tribal Students

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    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.

  • Rethinking In-Office Attendance For Associate Retention

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    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.

  • Bid Protest Spotlight: Timeliness, Discovery, Registration Gap

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    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.

  • Sackett's US Waters Redefinition Is A Boon For Developers

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    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.

  • Opinion

    Despite Its Plan Objections, UST Also Won In Purdue Ch. 11

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    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.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    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.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    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.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    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.

  • EPA Nod For La. Program Bodes Well For Carbon Storage

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    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.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    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.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    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.

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