Native American

  • March 11, 2024

    Navajo Says Funding Bid Backed By Self-Determination Act

    The Navajo Nation urged a D.C. federal judge to grant it a quick win in its challenge to allegedly inadequate judicial funding, saying the federal government's arguments for why it shouldn't recoup a $15 million interest shortfall can't survive scrutiny under the Indian Self-Determination and Education Assistance Act.

  • March 11, 2024

    Feds Pitch Draft Plan For Contested Bears Ears Monument

    The Bureau of Land Management and the U.S. Forest Service are asking for public input on a draft resource management plan for the Bears Ears National Monument, prepared with input from partners including five tribal nations.

  • March 11, 2024

    Feds Seek Tribal Input On National Native Language Survey

    The U.S. Department of Health and Human Services said it is surveying tribal governments and Native language community groups to collect data and provide "critical" information about how federal support can help revitalize languages that are in danger of disappearing.

  • March 11, 2024

    Walmart Fails To Sink Feds' Opioid Crisis Lawsuit

    A Delaware federal judge on Monday kept alive a government lawsuit accusing Walmart of fueling the nation's opioid crisis, ruling that the company could be held liable for filling illegitimate prescriptions its compliance officers allegedly failed to flag for unwitting pharmacists.

  • March 11, 2024

    Corps Says Groups Can't Show Dredging Permit Was Flawed

    The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.

  • March 08, 2024

    Biden Administration Must Use Border Wall Funds, For Now

    A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.

  • March 08, 2024

    Republican Group Fights ND Tribe's High Court Privilege Bid

    The Republican Governors Public Policy Committee is asking the U.S. Supreme Court to uphold a ruling that determined state lawmakers are immune from civil discovery in federal courts, arguing that two North Dakota tribes' challenge to the decision could have a "chilling effect" on federal judges.

  • March 08, 2024

    La. Judge Won't Halt Clean Water Rule Favoring States, Tribes

    A Louisiana federal judge has rejected red states' and industry groups' effort to block the U.S. Environmental Protection Agency's new clean water rule that broadens states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.

  • March 08, 2024

    Feds, Tribes Say Marine Cos., DOT Polluted Duwamish River

    Two companies and Washington's transportation department would collectively pay about $275,000 to settle claims they polluted the Lower Duwamish River and Elliott Bay in Seattle under a proposed consent decree filed by the U.S. government, the Suquamish Indian Tribe of the Port Madison Reservation, the Muckleshoot Indian Tribe and Washington state.

  • March 08, 2024

    Green Groups Want Fla. CWA Permitting Back With Feds

    Conservation groups that successfully challenged the U.S. government's approval of Florida's Clean Water Act permitting program have told a federal judge that the Sunshine State's bid to retain some permitting authority in the meantime would only cause confusion and fail to safeguard endangered species.

  • March 08, 2024

    Direct Pay Regs Would Lift Major Barrier For Energy Projects

    A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements. 

  • March 07, 2024

    11th Circ. Urged To Restore Qui Tam Over Small Biz Contracts

    The U.S. Department of Justice argued Thursday in support of reinstating a qui tam lawsuit against two companies that gained control of a small Florida construction business, telling the Eleventh Circuit that they were not qualified for a government program that awards contracts to firms owned by socially and economically disadvantaged individuals.

  • March 07, 2024

    Feds Look To Douse $48M Washington Ranch Wildfire Claim

    The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.

  • March 07, 2024

    Feds Designate 1.1M Acres Of Habitat For Imperiled Fla. Bat

    In a move conservation groups characterized as much welcomed and long delayed, the U.S. Fish and Wildlife Service has designated about 1.1 million acres in southern and central Florida as critical habitat for the endangered Florida bonneted bat.

  • March 07, 2024

    DOI, Tribe Want More Time To Solve Truckee River Water Row

    A Nevada federal judge has agreed to keep a Pyramid Lake Paiute Tribe suit over Truckee River water diversions on hold for six more months as the tribe and the U.S. Department of the Interior work to resolve their dispute.

  • March 06, 2024

    Federal Lawmakers Want To Protect 172 Acres For Calif. Tribe

    Legislation introduced by two U.S. senators would place 172 acres into trust for a California tribe in an effort to bring its members back to its reservation where they can develop a permanent home.

  • March 06, 2024

    Feds Issue Guidance On Missing, Murdered Indigenous People

    The U.S. departments of Justice and the Interior have responded to a cross-jurisdictional advisory commission's recommendations for combating the crisis of missing and murdered Indigenous people, leading off a lengthy report by addressing law enforcement's "woefully insufficient" funding.

  • March 06, 2024

    Cruz Wants FCC Subsidy System Turned Over To Congress

    Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.

  • March 06, 2024

    Senators Question Cherokee Tribe's Cannabis Co. Launch

    Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.

  • March 06, 2024

    Feds Get More Time To Reply In Fla. Casinos Case

    The U.S. Supreme Court on Wednesday granted the federal government a 30-day extension to reply to two Florida casino operators' petition for a writ of certiorari that seeks to reverse a decision that found a compact allowing online sports betting off tribal lands is lawful.

  • March 06, 2024

    Feds Pledge $72M For Tribes To Close Electrification Gaps

    U.S. Secretary of the Interior Deb Haaland said the Biden administration is awarding $72 million in a first round of funding to help Native American tribes electrify more homes in their communities.

  • March 06, 2024

    Challenge To Pfizer Diversity Program Fails At 2nd Circ.

    The Second Circuit declined Wednesday to revive an advocacy group's suit claiming a Pfizer diversity fellowship unlawfully discriminated against white and Asian workers, ruling the nonprofit had no legal foothold because it wouldn't specifically identify anyone allegedly harmed.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    Utah Sues Feds To Reopen 195 Road Miles In San Rafael Desert

    Utah is suing the U.S. government in a bid to toss a Bureau of Land Management decision to close 195 miles of roads in a San Rafael Desert area known as the Red Rock Wilderness, arguing that the closures don't align with an earlier BLM plan.

  • March 05, 2024

    Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal

    The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.

Expert Analysis

  • Maximizing Law Firm Profitability In Uncertain Times

    Author Photo

    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

    Author Photo

    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

    Author Photo

    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

    Author Photo

    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

    Author Photo

    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

    Author Photo

    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

    Author Photo

    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • Futility Exception To Remanding Rule Could Be On Last Legs

    Author Photo

    A recent Fifth Circuit decision squarely confronting the futility exception to remanding cases with insufficient subject matter jurisdiction leaves the Ninth Circuit alone on one side of a circuit split, portending a tenuous future for the exception, say Brett Venn and Davis Williams at Jones Walker.

  • How New Lawyers Can Leverage Feedback For Growth

    Author Photo

    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • What New EPA Enforcement Initiatives Mean For Industry

    Author Photo

    With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.

  • Bat's Newly Endangered Status Likely To Slow Development

    Author Photo

    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

    Author Photo

    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

    Author Photo

    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

    Author Photo

    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

    Author Photo

    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Native American archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!