Native American

  • June 12, 2024

    Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say

    Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.

  • June 12, 2024

    EPA Tells DC Circ. Emissions Rules Should Stay In Place

    The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.

  • June 11, 2024

    Ariz. Wants To Oppose Its Legislature In Monument Lawsuit

    The state of Arizona wants to intervene in a lawsuit by its Republican House and Senate lawmakers that challenges President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument, arguing that the legislative body lacks authority to assert those claims in federal district court.

  • June 11, 2024

    Army's Claims In Burial Dispute 'Unconscionable,' Tribe Says

    A Nebraska tribe seeking to repatriate the remains of two boys from an Indian boarding school cemetery in Pennsylvania has said the U.S. Army's claims that it is exempt from a federal law designed to protect Native American burial sites are "unconscionable."

  • June 11, 2024

    Watchdog Says EPA's Lead Exposure Notice Program Lagging

    The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.

  • June 11, 2024

    Federal Judgeships To Open In Pennsylvania And New Mexico

    Federal district judge seats in Pennsylvania and New Mexico will open early next year, as two appointees of former President George W. Bush have said they will step down.

  • June 11, 2024

    Singleton Schreiber Adds Tribal And Environmental Law Pro

    Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 10, 2024

    IHS Urges Budget Shift After High Court Healthcare Ruling

    The Indian Health Service, following a divided U.S. Supreme Court decision affirming that the federal government is liable for the reimbursement of millions in administrative healthcare costs for two Native American tribes, is urging Congress to shift its budget appropriations for fiscal year 2026 to protect the agency's overall health.

  • June 10, 2024

    9th Circ. Says Choctaw's Dispute With CVS Must Be Arbitrated

    A Ninth Circuit panel forced the Choctaw Nation to arbitrate a dispute over prescription drug reimbursement with CVS Health Corp. subsidiaries, affirming an Arizona federal judge's order in a published opinion Monday.

  • June 10, 2024

    FCC Urged To Add Missing Persons Code For Tribes

    Tribal leaders urged the Federal Communications Commission to consider adding a missing persons code specific to Indigenous people as it upgrades the Emergency Alert System.

  • June 10, 2024

    Co. Says 16 Intervenors Will Drag Out Alaska Mine Dispute

    A company seeking relief from a U.S. Environmental Protection Agency decision to block a mining proposal for a stretch of pristine salmon habitat on Alaska's Bristol Bay asked a federal judge to exclude more than a dozen environmental groups from joining the case.

  • June 10, 2024

    Justices Want Feds To Weigh In On ND Voting Dispute

    The U.S. Supreme Court on Monday invited the federal government to weigh in on a voting rights dispute in which two local North Dakota Republican officials seek to block newly created voting subdistricts for Native Americans after Secretary of State Michael Howe reversed course in the litigation.

  • June 10, 2024

    High Court Won't Review FCC's Universal Service Fund

    The U.S. Supreme Court declined Monday to review whether the country's fee-based telecom subsidy system unlawfully delegates taxing powers from Congress to the Federal Communications Commission and a privately run administrator.

  • June 07, 2024

    Motley Rice Allocated Biggest Share Of $2B Opioid Fees

    A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.

  • June 07, 2024

    Lumbee Tribe Family Says Bias Sunk Home Rental Application

    A family of Lumbee Native American tribe members has alleged that a national real estate rental company violated the Fair Housing Act's anti-discrimination provisions by denying their housing application based on the father's single criminal conviction without giving him a chance to appeal.

  • June 07, 2024

    Cherokee Man Asks High Court To Undo Tribal Tag Charges

    A Cherokee Nation man is asking the U.S. Supreme Court to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions, arguing that the state must be barred from broadening the definition of "registration plate" in regard to tribal-licensed tags.

  • June 07, 2024

    States Urge DC Circ. To Smoke EPA Particulate Matter Rule

    A coalition of 25 Republican-led states and eight industry groups have urged the D.C. Circuit to strike down the U.S. Environmental Protection Agency's final rule tightening federal standards for fine particulate matter pollution in separate opening briefs.

  • June 07, 2024

    Arizona GOP Fights Claims of Ethical Issues In Voting Dispute

    The Arizona Republican Party has every right to intervene in a challenge to a 2022 voting rights law that is headed to the Ninth Circuit, the party told a federal court, arguing that ethical concerns about its counsel raised by the state and its attorney general are "baseless" and "procedurally deficient."

  • June 06, 2024

    Tribes, Green Groups Lose Challenge To SunZia Power Line

    An Arizona federal judge Thursday threw out a challenge by a coalition of tribes and conservation groups to undo a nearly decade-old federal government decision that they said allowed SunZia Transmission LLC to route a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • June 06, 2024

    Tribes Pan ND Assembly's High Court Brief In Subpoena Row

    Two North Dakota tribes looking to undo an Eighth Circuit ruling that quashed subpoenas on North Dakota legislators and staff in underlying voting rights litigation told justices the ruling should be vacated as moot despite the lawmakers' arguments otherwise.

  • June 06, 2024

    EPA To Reevaluate Widely Used Toxic Chemical Under TSCA

    The U.S. Environmental Protection Agency has proposed a rule to limit the use of a chemical found in hundreds of products from paint to cleaning products that has been linked to miscarriages, reduced male fertility and other health issues.

  • June 06, 2024

    Justices Say Feds Liable For Tribes' Healthcare Admin Costs

    A split U.S. Supreme Court on Thursday held that the federal government is required to reimburse two Native American tribes millions of dollars in administrative healthcare costs, saying the spending is necessary for the communities to operate programs assumed from the Indian Health Service.

  • June 05, 2024

    BIA Escapes Washington Ranch's $48M Wildfire Suit

    A federal judge in Washington state on Wednesday tossed a ranch's $48 million negligence lawsuit alleging the Bureau of Indian Affairs is liable for damages from a 2020 wildfire, ruling that agreements between the bureau and a Native American tribe did not spell out a specific firefighting duty.

  • June 05, 2024

    Wash. Tribe Beats Farm's Challenge Of Land Suit's Dismissal

    A Washington state appeals court has sided with a Native American tribe in a nontribal land dispute with a farm in Snohomish County, declining to revive the lawsuit based on sovereign immunity.

Expert Analysis

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Perspectives

    Public Interest Attorneys Are Key To Preserving Voting Rights

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    Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.

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