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Native American
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May 17, 2024
Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit
The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.
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May 17, 2024
Group Sues Feds Over Logging In NH National Forest
A forest protection group has sued the U.S. Forest Service in New Hampshire federal court, challenging commercial logging projects it recently approved in the White Mountain National Forest in New Hampshire.
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May 17, 2024
SD Gov. Says Cartels Operating On Tribal Lands Across US
South Dakota Gov. Kristi Noem told reporters Friday that drug cartels are operating on tribal lands, not only in her state, but in Indigenous communities throughout the country, calling for seven of the state's nine tribes that have banned her to banish the illegal operations she described instead.
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May 17, 2024
DC Circ. Probes Carbon Capture In LNG Approval Challenge
The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.
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May 17, 2024
Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL
In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.
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May 16, 2024
Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal
A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.
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May 16, 2024
Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit
The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
New BLM Plans Sunset Federal Coal Leasing In Wyo., Mont.
The U.S. Bureau of Land Management on Thursday unveiled court-ordered, revised resource management plans for coal-rich areas of Montana and Wyoming that end future coal leasing in the regions, a move blasted by congressional representatives of those states.
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May 16, 2024
Oil & Gas Groups Challenge DOI Overhaul Of Leasing Regs
A coalition of oil and gas groups has slapped the U.S. Department of the Interior with a lawsuit in Wyoming federal court seeking to unravel the agency's final rule boosting bonding requirements, royalty rates and minimum bids for its onshore federal oil and gas leasing program.
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May 15, 2024
9th Circ. Won't Block Arizona Mineral Drilling Projects
A Ninth Circuit panel on Wednesday refused to block drilling at an exploratory mine in a southern Arizona national forest after a coalition of conservation groups argued the project would threaten imperiled species, finding that the government adequately considered the mine's impact on wildlife.
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May 15, 2024
Navajo President Seeks Approval Of Water Rights Settlement
The Navajo Nation's president has urged the federally recognized tribe's council to approve two historic water rights settlements as soon as possible, saying decadeslong negotiations have finally come to an end and now promise to secure funding for critically needed infrastructure.
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May 15, 2024
McGirt Ruling Should Be In 'Full Force' In Tulsa, U.S. Says
The federal government wants to intervene in a challenge by the Muscogee (Creek) Nation to the city of Tulsa, Oklahoma, that seeks to block city officials from asserting criminal jurisdiction over tribe members on tribal lands, arguing the municipality is violating federal law reiterated in a 2020 high court ruling.
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May 15, 2024
Amid Controversy, Gov. Names Tribal Police Chief As Liaison
South Dakota Gov. Kristi Noem has appointed the former Pine Ridge Reservation chief of police as her administration's new tribal liaison, saying that after he "bravely testified" before a U.S. Senate committee about the cartel presence on tribal lands, he found himself without a job.
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May 15, 2024
EPA Urges La. Court Not To Broadly Block Civil Rights Regs
The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.
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May 14, 2024
DOI Urges High Court To Uphold Seminole Gambling Compact
Secretary of the Interior Deb Haaland is urging the U.S. Supreme Court to deny a petition by two casino operators seeking to undo a sports gambling compact between the state of Florida and the Seminole Tribe, arguing that such agreements may include provisions that address matters off tribal lands.
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May 14, 2024
5 Takeaways From FERC's Grid Planning Policy Overhaul
The Federal Energy Regulatory Commission's sweeping revision of its regional transmission planning policies will completely transform how U.S. grid projects are planned and paid for, but the agency's muscular approach will invite plenty of compliance and legal challenges. Here are five key takeaways from the rule finalized by FERC on Monday.
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May 14, 2024
9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid
The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.
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May 14, 2024
Wash. Biz Groups Say EPA Water Regs Impossible To Follow
Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."
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May 14, 2024
9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute
The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.
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May 13, 2024
Hunting Groups Want In On Gray Wolf Protections' Lawsuit
Several hunting groups have asked a Montana federal court to let them intervene in a gray wolf protection lawsuit brought by environmentalists against the U.S. Department of the Interior, saying they should get involved because their interests aren't adequately represented by the government.
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May 13, 2024
Utah, Oil Co. Can Enter BLM Oil Lease Challenge, Judge Says
Anschutz Exploration Corp. and Utah will get the chance to fight environmentalists' lawsuit challenging the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, a Utah federal judge has ruled.
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May 13, 2024
Ariz. Casino Can't Claim Immunity In Discrimination Row
Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.
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May 13, 2024
US Tells DC Circ. Ayahuasca Church's Settlement Inapt
Federal regulators are telling the D.C. Circuit to ignore a recent settlement that will allow a Phoenix-based church to continue using ayahuasca in its ceremonies, saying it has nothing to do with the Iowa-based ayahuasca church challenging the IRS's refusal to give it tax-exempt status.
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May 13, 2024
FERC Powers Up Major Rewrite Of Grid Planning Policy
The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.
Expert Analysis
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Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
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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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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What To Know About NIGC's Internal Review Process
Excerpt from Practical Guidance
If the National Indian Gaming Commission disapproves of a tribal management contract for gaming operations, it's important to properly go through the commission's internal hearing mechanism before litigating in federal court, or else an action may be dismissed for failure to exhaust administrative remedies, says Rebecca Chapman at the University at Buffalo School of Law.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.