Native American

  • January 04, 2024

    Feds Defend Right To Sink States' Rio Grande Water Deal

    The U.S. government told the nation's top court that approval of a proposed arrangement to settle long-running Rio Grande water disputes between Texas, New Mexico and Colorado would improperly extinguish its claims against one of the states, impose new burdens and overstep their original compact.

  • January 03, 2024

    SD Tribe Says Feds Still Aren't Following Police Funding Order

    The federal government is violating a court order by refusing to help the Oglala Sioux Tribe revise its funding requests to reflect a South Dakota federal judge's finding that the government has a duty to support law enforcement on the tribe's reservation, the Oglala Sioux claimed in its bid to enforce the order.

  • January 03, 2024

    Seneca Nation Suit Over NY Thruway Headed For Mediation

    A federal district court judge has agreed to extend the deadlines for motions in a long-running challenge by the Seneca Nation to New York over a portion of the state's thruway that runs through the federally recognized tribe's reservation land after the parties said they have agreed to pursue mediation.

  • January 03, 2024

    ND Residents Intend To Take VRA Dispute To High Court

    Two North Dakota residents want the U.S. Supreme Court to overturn a federal district court ruling that determined that two of the state's new House subdistricts, created to prevent Native American voter dilution, were legally drawn along the boundaries of the Fort Berthold and Turtle Mountain Indian reservations.

  • January 03, 2024

    Native Veterans Group To Receive Congressional Charter

    Included in the annual defense policy act for fiscal 2024 is a congressional charter for the National American Indian Veterans organization, which will be the first veterans group for indigenous Americans to receive the congressional recognition.

  • January 02, 2024

    ND Assembly Seeks More Time To Redraw Election Map

    North Dakota's Legislative Assembly wants a federal district court to deny two tribes' request for the adoption of a remedial redistricting map after the lawmakers missed a Dec. 22 deadline to correct Voting Rights Act violations, arguing there's no reason to impose a remedial map amid work toward a solution.

  • January 02, 2024

    Fla. Says Tribe Misreads 'Indian Lands' In Water Permit Suit

    Florida has once again urged a federal judge to hand it a win in a tribe's lawsuit challenging the U.S. Environmental Protection Agency's approval of the state's effort to take over a Clean Water Act permitting program, arguing that the tribe's theory of "Indian lands" is wrong.

  • January 02, 2024

    EPA's New Maui Guidance Draws Requests For More Clarity

    The U.S. Environmental Protection Agency has released guidance clarifying how to comply with an important U.S. Supreme Court decision regarding Clean Water Act permits for groundwater pollution, but states, industry groups and environmental organizations say there's still room for better, more detailed explanations of key issues.

  • January 02, 2024

    Feds Lose Bid To End Kids' Climate Suit

    An Oregon federal judge largely rejected the U.S. government's attempt to dismiss a lawsuit by young people who accuse it of violating their constitutional rights with harmful fossil fuel energy policies worsening the climate crisis, teeing the matter up for a potential trial.

  • January 02, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's busy Court of Chancery barely stopped to take a break at the end of 2023, keeping the courtroom open for hearings on Carvana and Meta, pushing out year-end decisions related to Fox Corp., Oracle and AmerisourceBergen, and making way for new cases involving biomedical venture SomaLogic Inc., U.S. Bancorp, and Capital Square Partners merger target Startek Inc.

  • January 02, 2024

    Navy Federal Accused Of Bias Against Minority Borrowers

    Navy Federal Credit Union was hit with a proposed class action in Virginia accusing it of discriminating against racial minorities when it denied mortgage applications that would have been approved for similarly situated white Americans.

  • January 01, 2024

    5 Supreme Court Cases To Watch This Spring

    "Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.

  • January 01, 2024

    10 Sports And Betting Cases To Watch In 2024

    An ever-increasing volume of lawsuits involving the NCAA highlights the list of sports and betting cases to watch in 2024, including battles over athletes' right to compensation for their name, image and likeness and their fight to collectively bargain and be designated as employees. Plus, racial discrimination suits against the NFL, and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in the new year.

  • January 01, 2024

    Energy Legislation And Regulation To Watch In 2024

    While a looming presidential election means that significant Congressional action on energy policy likely isn't in the cards, there are big-ticket regulatory items that are poised to cross the finish line. Here are several legislative and regulatory moves that energy attorneys will be watching in 2024.

  • January 01, 2024

    Biggest Environmental Regulations To Watch In 2024

    As President Joe Biden's term draws to a close in 2024, executive branch agencies won't slow down their efforts to finalize important environmental regulations, from new controls on greenhouse gas emissions at power plants to stricter Endangered Species Act protections and chemical standards.

  • January 01, 2024

    Biggest Environmental Cases To Watch In 2024

    Game-changing environmental law decisions are on tap for 2024, from two U.S. Supreme Court cases that could make important changes to the practice of administrative law to more rulings on the extent of the federal government's jurisdiction under the Clean Water Act.

  • January 01, 2024

    The Biggest Cases To Watch In Native American Law This Year

    Disputes over administrative healthcare costs for tribes that could cost the federal government billions and Voting Rights Act cases that have the potential to undo rulings in several states all gained speed in 2023 with legal experts predicting major decisions out of the appellate courts in the new year.

  • December 22, 2023

    Utah Tribe Asks Gorsuch For Stay In $300K Sanctions Ruling

    A Utah tribe and its affiliated corporations asked U.S. Supreme Court Justice Neil Gorsuch on Friday for an emergency stay on a mandate requiring them to pay more than $300,000 in attorney fee sanctions while they prepare an appeal.

  • December 22, 2023

    IRS Launches Prefiling Tool For Monetizing Energy Credits

    The Internal Revenue Service announced the launch of a tool Friday that's intended to simplify the process that lets businesses and other entities receive certain manufacturing, clean energy and production tax credits.

  • December 21, 2023

    8th Circ. Won't Extend ND's Deadline To Comply With VRA

    The North Dakota Legislative Assembly's bid to extend a deadline to submit a plan that will remedy Voting Rights Act violations would be better served in federal district court, the Eighth Circuit has ruled.

  • December 21, 2023

    Montana Camp Operator Seeks Stay In Tribal Lease Dispute

    A Montana campground operator is asking a federal district court for a stay on an order that found in favor of the Blackfeet Indian Nation in a decadelong land lease dispute, saying the ruling will likely cause it to liquidate its assets before an appeal on the issue is resolved.

  • December 21, 2023

    The Telecom Developments That Defined 2023

    The Federal Communications Commission advanced several new pro-consumer rules under a new Democratic majority in 2023, but was held back in its efforts to deploy more broadband by a lapse in spectrum auction authority and a looming depletion of a major broadband subsidy.

  • December 21, 2023

    Feds, Osage Nation See Win In Wind Farm 'Mining' Row

    A federal judge in Oklahoma largely granted summary judgment to the U.S. government and Osage Nation in their long-running wind farm dispute with Enel Green Power North America Inc. and two subsidiaries, and ordered the ejectment of 84 wind turbines after the companies failed for years to get a required mineral lease.

  • December 21, 2023

    The Biggest Environmental Law Cases Of 2023

    From a Supreme Court decision reshaping water rights in the United States to ongoing fights over so-called forever chemical contamination, lawsuits concerning the environment rumbled through the courts in 2023. Here, we look at the lawsuits that shaped the year.

  • December 21, 2023

    College NIL Fight, MLB Settlement Highlight 2023's 2nd Half

    The second half of 2023 saw yearslong issues boil over with some shocking revelations along the way, from college athletes winning class certification in a fight for the right to profit off their names, images and likenesses to MLB putting to rest its antitrust legal battle with its minor league, for now. Here, Law360 brings you up to speed on some of the most significant sports and betting moments from this year's second half.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Assessing EPA's Potential Retreat On Title VI Enforcement

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    The U.S. Environmental Protection Agency's decision to close its Title VI investigation of Louisiana — rather than respond to the state's litigation challenge against it — raises questions about the efficacy of the agency's plans to use Title VI in support of its environmental justice initiatives, say Susan Richardson and Jeffrey Davidson at Kilpatrick Townsend.

  • High Court's Tribal Water Rights Ruling Steadies The Boat

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    The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Why Seminole Tribe Sports Betting Ruling Is A Net Positive

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    The D.C. Circuit Court’s recent ruling that a gambling compact between Florida and the Seminole Tribe is lawful even though it allows for online sports betting expands the tribe's offerings while maintaining exclusivity and is a win for individuals who wish to legally wager on sports within Florida, says Daniel McGinn at Dean Mead.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Opinion

    The Case For Seating The Cherokee Nation's Delegate

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    The U.S. government should follow through on its obligation to seat a delegate from the Cherokee Nation in the U.S. House of Representatives, as explicitly promised in a treaty ratified nearly 200 years ago, says Jack Baker at the National Trail of Tears Association.

  • Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

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    In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

  • Bid Protest Spotlight: Errors, Experience, Corrective Action

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    In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.

  • Minn. Mine Denial Stresses Importance Of Tribal Partnerships

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    The Army Corps of Engineers' decision to revoke a suspended Clean Water Act permit for a proposed mine in Minnesota is a reminder that project developers need to take tribal authority and rights seriously and consider early and frequent consultation with tribes, say attorneys at K&L Gates.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • EPA Draft Plastic Pollution Plan Offers Opportunities For Cos.

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    The U.S. Environmental Protection Agency's recently released draft national strategy to prevent plastic pollution, if implemented as is, will have serious implications for waste collection and processing businesses, but also highlights growth opportunities for companies seeking to capitalize on the emerging circular economy, say attorneys at DLA Piper.

  • 4 Legal Issues Grant-Funded Broadband Projects May Face

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    The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.

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