Native American

  • March 01, 2024

    SD Indian Child Advisory Council Bill Awaits Gov.'s Signature

    A South Dakota bill to form an advisory council to confer on the welfare of Native American children in foster care has passed in the state's Legislature and been delivered to Gov. Kristi Noem for her signature, but a key lawmaker doubts that the governor will sign it.

  • March 01, 2024

    Wash. Tribe Asks Judge To Revisit 'Cultural Resources' Ruling

    A tribe is urging a Washington federal judge to reconsider a ruling that it can't pursue millions of dollars of "tribal service loss" claims stemming from Upper Columbia River pollution, saying its claims were misconstrued as "cultural resource damages" that can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • March 01, 2024

    9th Circ. Won't Stay Oregon Kids' Climate Case, For Now

    The Ninth Circuit has shot down the U.S. Department of Justice's attempt to pause an Oregon federal judge's decision to allow a lawsuit brought by youths alleging the government's energy policies imperil their future by exacerbating climate change. 

  • March 01, 2024

    Ky. Sees $74M Boost For Abandoned Mine Cleanup Work

    The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.

  • February 29, 2024

    9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

    A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

  • February 29, 2024

    Fed. Circ. Won't Revive Flood Suit Over Cherokee Casino

    A Federal Circuit Court of Appeals panel on Thursday denied an Oklahoma landowner's bid to overturn a lower court's ruling that the federal government isn't liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino, saying that the claim requires proof that the matter is a "direct, natural or probable result" of its actions.

  • February 29, 2024

    Newsom, Tribe Must Negotiate Gambling Pact Under IGRA

    A federal district court judge ruled in favor of a California tribe in its challenge to Gov. Gavin Newsom for failing to negotiate its gambling compact in good faith, saying a Ninth Circuit determination that off-list topics cannot be included in tribal agreements heavily swayed the decision.

  • February 29, 2024

    Wis. Tribe, Homeowners Hit Cranberry Farms With CWA Suit

    A homeowner association and the Lac Courte Oreilles Band of the Lake Superior Chippewa claim two cranberry farms are unlawfully discharging excess phosphorus into a northwest Wisconsin lake and contributing to pollution harming its popular sport fishery and other natural resources.

  • February 28, 2024

    Sioux Phone Authority Keeps Calling For FCC Telecom Status

    The Cheyenne River Sioux Tribe Telephone Authority has once again asked the Federal Communications Commission to recognize it as an "eligible telecommunications carrier," saying several tribal groups, as well as the South Dakota Public Utilities Commission, support its bid for agency recognition.

  • February 28, 2024

    Judge Asks When Feds Will Consider Climate In Oil Leases

    A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.

  • February 28, 2024

    Seminole Sports Gaming Compact Worth $4.4B, Report Says

    An economic research agency in Florida estimated in a recent report that a gaming compact between the state and the Seminole Tribe of Florida that is currently pending certiorari review by the U.S. Supreme Court will garner $4.4 billion in new revenues for the state over the next six years.

  • February 28, 2024

    Energy Dept. To Give Tribes $25M For Clean Energy Tech

    The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.

  • February 28, 2024

    Court Will Hear Arguments In Camp Operator's Bond Dispute

    A Montana federal judge will hear arguments next month to determine whether a campground operator can pay a bond in cash as opposed to a third-party surety that will allow it to stay the case over a lease dispute with the Blackfeet Nation pending an appeal to the Ninth Circuit.

  • February 28, 2024

    Wash. Man Accused Of Killing, Selling Eagles To Plead Guilty

    One of two men accused of conspiring to kill federally protected bald eagles and golden eagles on tribal lands in northwest Montana to sell on the black market has entered a plea agreement, court records show.

  • February 28, 2024

    Tribes Urge Biden To Break Silence On Pipeline Dispute

    Great Lakes tribes are pressing the White House to break its "deeply concerning" silence on a fight to remove an Enbridge Energy Corp. pipeline from tribal lands in northern Wisconsin, saying the U.S. government is sitting on the sidelines as Canada and the energy company try to gut their sovereignty.

  • February 27, 2024

    Mohawk Nation Rejects 1796 Land Agreement, Court Told

    The Mohawk Nation says it has numerous outstanding issues regarding a proposed settlement with the state of New York over 2,000 acres of land stemming from a 1796 treaty, arguing that its concerns have yet to be addressed or considered relevant by the court or its present counsel as negotiations continue.

  • February 27, 2024

    SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say

    Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.

  • February 27, 2024

    Hospital Groups Allege Opioid Crisis Damaged Their Finances

    More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Salmon Fishing Mitigation Effort Is Absent, Green Group Says

    Conservation group Wild Fish Conservancy told the Ninth Circuit the district court did not abuse its discretion in "narrowly partially vacating" an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, saying the overarching biological opinion is inconsistent with the Endangered Species Act.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 26, 2024

    EPA Must Act On Failed Skagit River Temps Plan, Tribe Says

    The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    Hydroelectric Co. Asks For Pause On Puyallup Dam Order

    A hydroelectric company appealing to the Ninth Circuit is asking a Washington federal judge to stay an order that directed it to remove part of a temporary rock dam on the Puyallup River, saying the order would require it to make changes that are likely to damage its facility.

  • February 26, 2024

    Justices Say Tribes Can Argue Separately In Healthcare Row

    Two Native American tribes seeking to uphold rulings that ordered the federal government to reimburse them millions of dollars in administrative healthcare costs can argue their cases separately, the U.S. Supreme Court said Monday.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Series

    In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

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