Native American

  • April 08, 2024

    Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row

    Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.

  • April 08, 2024

    Oak Flat Mining Decision Treads On Human Rights, UN Told

    The San Carlos Apache Tribe is urging a United Nations committee to ask the United States to withhold any permissions that would allow Resolution Copper Co. to proceed with any activity on a plot of land known as Oak Flat, arguing that a Ninth Circuit ruling allowing the land transfer merits urgent intervention to prevent further human rights violations on the sacred site.

  • April 05, 2024

    Miami Tribe Sues Auctioneer To Recover Chief's 1795 Medal

    The Miami Tribe of Oklahoma has sued an auctioneer that deals in rare coins in an emergency action, saying in its California state court lawsuit that it wants to stop the auction of a 1795 peace medal presented to Miami Chief Little Turtle at the Treaty of Greenville.

  • April 05, 2024

    DeSantis Directs Gambling Funds Toward Conservation Efforts

    Florida Gov. Ron DeSantis signed legislation providing $150 million for state water infrastructure improvements and directed most of the revenue generated from the state's gambling compact with the Seminole Tribe to conservation efforts, including trail management, invasive species removal and Everglades restoration.

  • April 05, 2024

    Crow Tribe Can Hunt In Bighorn National Forest In Wyoming

    A Wyoming federal judge has upheld the Crow Tribe of Indians' right to hunt in the Bighorn National Forest in Wyoming, following a Tenth Circuit decision that vacated and remanded his earlier ruling that the tribe's treaty rights had been extinguished by Wyoming's 1890 statehood.

  • April 05, 2024

    Utah Says It Stands To Lose Big In BLM Oil Lease Challenge

    Utah is asking a federal judge for permission to defend the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, an action under legal attack from environmental groups.

  • April 05, 2024

    Publix Wants Ga. High Court Input On Opioid Public Nuisance

    Grocery chain Publix has asked the Ohio federal court overseeing the opioid multidistrict litigation to send questions to Georgia's high court about whether that state's law allows public nuisance claims over a healthcare provider's dispensing of prescription narcotics.

  • April 04, 2024

    Tribes And McKinsey Take Final Step In $39.5M Opioid Deal

    A California judge signed off Thursday on the completion of a $39.5 million nationwide settlement deal that resolves all opioids litigation brought by federally recognized tribes against McKinsey & Co.

  • April 04, 2024

    ND Judge Tosses DAPL Protester's Claims Against Police

    A North Dakota federal judge said he is dismissing claims a woman filed against police after suffering "horrific injuries" when she was hit by a flashbang during the Dakota Access Pipeline protests in 2016.

  • April 04, 2024

    EPA Names Nonprofits To Get $20B From New GHG Fund

    At least $20 billion is heading out of the U.S. Environmental Protection Agency's door to eight nonprofits that will disburse the money for "green" projects such as distributed energy, net-zero buildings, and zero-emissions transportation projects.

  • April 04, 2024

    Great Lakes Fishing Pact Tramples Treaty Rights, Tribe Says

    The Sault Ste. Marie Tribe of Chippewa Indians is asking the Sixth Circuit to undo a Great Lakes fishing decree between it and four other tribes and the state of Michigan, arguing the decree was entered without its consent and imposes upon its treaty rights.

  • April 03, 2024

    Calif. Tribe Sues DOI Over Tribal Ancestry Procedure

    A California Native American tribe has accused the U.S. Department of the Interior of using an unconstitutional and unregulated race-based procedure for determining tribal ancestry in a new lawsuit in D.C. federal court.

  • April 03, 2024

    Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue

    The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.

  • April 03, 2024

    SD Gov. Noem Asks Tribes To 'Banish' Mexican Drug Cartels

    South Dakota Gov. Kristi Noem has called on Native American tribes throughout the state to "banish" Mexican drug operators from tribal lands, saying that Indian reservations serve as ideal areas where cartels can set up their illicit operations.

  • April 03, 2024

    Gov't Says Alaska Gold Mine Approvals Should Stand

    The U.S. government is defending its approvals for a large open-pit gold mine along the Kuskokwim River in southwest Alaska, telling a federal judge a half dozen tribes challenging them fail to show that agencies did not take the required "hard look" at project impacts.

  • April 03, 2024

    Native Group's Battle With Commanders Unfit For N. Dakota

    A Native American advocacy group's defamation and conspiracy suit against the Washington Commanders has been booted from North Dakota federal court after a judge ruled the franchise's ties to the state were "incidental."

  • April 02, 2024

    Alaska Judge Tosses Opioid Nuisance Case Against Pharmacies

    Retail pharmacies including Walgreens Co. and Walmart Inc. have escaped a suit brought by Alaska in state court over their role in the opioid epidemic after a judge found the state's public nuisance claims were a "bridge too far."

  • April 02, 2024

    Casino Outfits Say High Court Must Review Tribal Betting Suit

    The U.S. Supreme Court is the correct venue for a case by two casino operators that seek to undo a tribal gaming compact in Florida now that the state's Supreme Court has refused to take up the case, one of the companies has told the nation's highest court.

  • April 02, 2024

    Okla. High Court Denies Gov.'s Veto Suit Over Tribal Compacts

    The Oklahoma Supreme Court on Tuesday denied Gov. Kevin Stitt's suit against state lawmakers over two veto overrides on tribal tobacco and motor vehicle compacts, saying the executive branch doesn't have exclusive authority to negotiate state-tribal compacts.

  • April 01, 2024

    Forest Service Must Revisit Changes To Timber Standards

    An Oregon federal judge has agreed to set aside an environmental analysis for timber standard changes the U.S. Forest Service approved for millions of acres of federal land across eastern Oregon and Washington, finding no errors in a magistrate judge's conclusion that the agency violated multiple federal statutes.

  • April 01, 2024

    Feds Catch Win In Alaska Subsistence Fishing Dispute

    A federal judge has granted the U.S. government's bid for an early win in its challenge against Alaska over subsistence fishing rules in the Kuskokwim River, which runs through the state's southwest region, ruling that the United States is entitled to a permanent injunction.

  • April 01, 2024

    Tribe, Allies Defend Standing To Fight Corps' Fish Farm Permit

    The Army Corps of Engineers is trying to "muddy the water" to fend off a challenge to a nationwide permit opening ocean waters to aquaculture operations, failing to justify why the permit shouldn't be scrapped, the Quinault Indian Nation and nonprofit allies have told a Washington federal judge.

  • April 01, 2024

    BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings

    BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.

  • April 01, 2024

    SunZia Power Line Challenge Is Ripe, Arizona Tribes Say

    A coalition of Arizona tribes and conservation groups challenging the federal government's green light for SunZia Transmission LLC to start building a stretch of its 550-mile, high-voltage power line are defending the timeliness of their bid to halt work and compel the Bureau of Land Management to identify and safeguard cultural sites and sacred areas in the San Pedro Valley.

  • April 01, 2024

    High Court Won't Hear Mass. Residents' Tribal Land Dispute

    The U.S. Supreme Court on Monday denied a petition by a group of Massachusetts residents seeking to reverse a ruling that allowed the Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino.

Expert Analysis

  • 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.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

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