Native American

  • January 16, 2024

    IHS Wants Tribes' Input On $250M To Combat Fentanyl Crisis

    The U.S. Indian Health Service is asking tribal leaders for their recommendations on how to spend $250 million in potential federal funding to support efforts to fight the fentanyl crisis plaguing Indian Country.

  • January 16, 2024

    Feds Say LNG-By-Rail Rule Was Done By The Book

    The federal government has told the D.C. Circuit that it lawfully crafted a rule permitting bulk rail transport of liquefied natural gas in the last year of the Trump administration, even though the Biden administration has suspended the rule and is working on amending it.

  • January 12, 2024

    Feds Score Judgment In Row Over Idaho Forest Project

    An Idaho federal judge said Wednesday a conservation group waived its challenge of the U.S. Forest Service's decision to categorically exclude a logging and prescribed burning project in the Idaho Panhandle National Forest from environmental review under a Healthy Forest Restoration Act provision.

  • January 12, 2024

    DOI Rule Aimed At Easing Tribal Land Trust Delays Is In Effect

    A newly implemented rule will streamline the application process for Native American tribes asking the government to take land into trust by extensively cutting down the wait time for a decision and making the entire proceeding less expensive, the U.S. Department of the Interior said.

  • January 12, 2024

    EPA, Blue States Jump To Defend Expanded Water Power Rule

    The U.S. Environmental Protection Agency asked a Louisiana federal judge Friday not to block its rule broadening states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns — a power being challenged by a group of red states and industry groups.

  • January 12, 2024

    Judge Nixes Native Fragrance Co.'s Bid To Snuff Jury Verdict

    A Connecticut state court judge has refused to throw out a jury verdict after a Native American-controlled supplier failed to recover an alleged $8 million in damages from a fragrance manufacturer, outlining why the jury probably determined that a confusing contract existed but that no breach occurred.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 11, 2024

    Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses

    A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.

  • January 11, 2024

    FCC Told Remote Tribal Areas Are 'Special Case' For Funds

    Auctioning off 5G funds meant to bring connectivity to remote tribal areas is a bad idea, according to a mobile provider that says the Federal Communications Commission should treat these regions as a "special case" and dole the funds out differently from those meant for other rural areas.

  • January 11, 2024

    Ruling Would Destroy DOI's Land Trust Limits, Casinos Say

    Three Detroit casino operators are urging the D.C. Circuit to uphold a lower court's ruling that blocked the Sault Ste. Marie Tribe of Chippewa Indians from acquiring land for two casino developments, saying the tribe is attempting to erase the limits on the federal government taking land into trust for Native American tribes.

  • January 11, 2024

    Feds Seek More Time To Fix Mont. Coal Mine Analysis

    The U.S. government is asking a Montana federal judge for more than a year of extra time to correct a faulty environmental analysis for a coal strip mine expansion near the city of Colstrip, cautioning that conservation groups plan to oppose its request.

  • January 11, 2024

    Mont. Tribal Co. Exits Suit Claiming Law Firm Incited Violence

    A Montana federal court has dismissed an Indigenous-owned company from litigation in which it accused Greenberg Traurig LLP and its longtime counsel Jennifer Weddle of devising a financial scheme that led to violence over a decision to remove its board of directors.

  • January 10, 2024

    10th Circ. Urged To Keep National Monuments Designation

    Native American tribes and environmental organizations have urged the Tenth Circuit to uphold a lower court decision dismissing Utah and other groups' challenge to President Joe Biden's redesignation of large swaths of the state as part of the Bears Ears and Grand Staircase-Escalante national monuments.

  • January 10, 2024

    Oil Terminal Permit Needs Harder Look, Groups Tell 5th Circ.

    Several groups are asking the Fifth Circuit to overturn a Texas federal judge's ruling affirming a dredging permit the U.S. Army Corps of Engineers issued for the expansion of a major oil export terminal near Corpus Christi, arguing the agency clearly failed to take the required "hard look" at the impacts.

  • January 10, 2024

    Native Owners Again Seek To Intervene In ND Pipeline Row

    A group of North Dakota tribal landowners with property alongside a gas and oil pipeline are asking a federal district court to allow them to intervene in litigation over right of way trespassing claims through the Fort Berthold Indian Reservation, saying the federal government is only trying to protect its own interests in forthcoming breach of trust claims against it.

  • January 10, 2024

    EPA's Water Leader To Step Down After Busy Tenure

    The head of the U.S. Environmental Protection Agency's water office on Wednesday said she'll be stepping down at the end of February, after three years leading the office through a multibillion-dollar infusion and several high profile rulemaking efforts.

  • January 10, 2024

    Montana Camp Must Pay $1M Bond To Stay Tribal Lease Order

    A Montana campground operator must post a $1 million surety bond to allow a stay to remain in place while it appeals a ruling to the Ninth Circuit in favor of the Blackfeet Nation in an ongoing land lease dispute, a federal district court judge said, determining that the company presented a "substantial case for relief on the merits."

  • January 09, 2024

    Ohio High Court Urged To Toss $650M Opioid Verdict

    Walmart, CVS and Walgreens — backed by business groups — have urged the Ohio Supreme Court to toss a $650 million jury verdict awarded to two counties in opioid litigation, saying that state product liability law bars the counties' public nuisance claims.

  • January 09, 2024

    BIA Sued In Brothers' Quest For Alaska Ancestral Records

    Two elderly brothers have accused the Bureau of Indian Affairs of violating federal open records law by failing to turn over ancestral information that could prove their link to an Alaska Native village, according to a complaint filed in Washington federal court.

  • January 09, 2024

    Army Corps Seeks To End Suit Over Gold Mine Permit

    The Army Corps of Engineers is asking a Louisiana federal judge to throw out a Nevada company's lawsuit claiming it has taken too long to process a gold mining permit application or else transfer the matter to the District of Alaska.

  • January 09, 2024

    Feds Allege CWA Violations At Navajo Water Treatment Plants

    The United States has sued the Navajo Tribal Utility Authority on behalf of the U.S. Environmental Protection Agency, saying it is not compliant with the Clean Water Act and has failed to take necessary steps to stop wastewater pollution.

  • January 08, 2024

    ND Must Adopt Tribes' Redistricting Plan, Judge Says

    The North Dakota Legislative Assembly must adopt two tribes' plan to correct Voting Rights Act violations, a federal district judge ruled on Monday, while denying state lawmakers' time extension request to implement a remedial redistricting map past the court-ordered Dec. 22 deadline.

  • January 08, 2024

    Tribes Withdraw Appeal Seeking To Halt Nev. Lithium Mine

    Three Native American tribes have dropped their Ninth Circuit fight to revive a lawsuit seeking to block an open-pit lithium mine in northern Nevada, but tensions remain high as project opponents have clashed at the site and in state court.

  • January 08, 2024

    Jury 'Confused' In Shampoo Contract Case, Conn. Judge Told

    A shampoo fragrances supplier urged a Connecticut state judge to overturn a trial verdict in favor of a botanical scent producer in a contract dispute, arguing Monday that the jury's likely bafflement over the agreement's terms should invalidate its finding.

  • January 08, 2024

    Tulsa Has Interest In Prosecuting Native Crimes, Officials Say

    The city of Tulsa has a strong interest in enforcing criminal law within its boundaries, its officials said, arguing that concurrent jurisdiction with the Muscogee (Creek) Nation over Native Americans who commit crimes within its boundaries is "paramount" to the Oklahoma tribe's safety.

Expert Analysis

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

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