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Native American
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October 22, 2024
Feds Partner With Osage, Navajo To Tackle Orphaned Wells
The U.S. Department of Energy said it's inked agreements with the Osage Nation and the Navajo Nation that are aimed at identifying undocumented orphaned wells on tribal lands and addressing their harmful impacts.
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October 22, 2024
Neb. Tribe Appeals Ruling To 4th Circ. In Army Burial Row
A Nebraska tribe will ask the Fourth Circuit to overturn a lower court's decision that determined that the U.S. Army isn't required to repatriate the remains of two Indigenous children from an Indian Boarding School cemetery in Pennsylvania, arguing that the ruling is an affront to tribal sovereignty.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
Alaskan Tribes Ink Stewardship Land, Water Pacts With Feds
Three agreements between the federal government and Alaskan tribes and corporations are expected to advance efforts to safeguard salmon relied upon by Indigenous people for thousands of years, further sovereignty and improve easement management to public lands and waters, the U.S. Department of the Interior said.
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October 21, 2024
DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project
Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.
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October 21, 2024
BIA Officer's Psychological Eval Off-Limits In Liability Row
A Northern Cheyenne woman who has accused a former Bureau of Indian Affairs officer of sexually assaulting her can reopen his deposition but won't be allowed access to his psychological evaluation in the ongoing dispute over the federal agency's liability in the incident, a federal judge said.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Colo. County, Enviros Back DC Ruling In High Court Rail Fight
Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.
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October 18, 2024
NY County Says Tribe Wants Special Treatment In 911 Row
New York's Cayuga County has asked a federal court to dismiss the Cayuga Nation's lawsuit accusing it and another county of refusing to forward 911 calls happening on tribal land to the tribe's police department without payment, saying it doesn't owe the tribe special treatment.
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
US Treasury Awards $500M To Boost Small Tribal Businesses
The U.S. Department of the Treasury wrapped up its approvals of $500 million in applications from tribal nations, marking the largest federal investment in Indian Country in the nation's history in Native American-owned small businesses that is expected to yield as much as $5 billion in additional financing support.
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October 18, 2024
Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told
The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.
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October 17, 2024
Tulsa Massacre Survivors Want Accountability In DOJ Review
The federal government, in its first probe into one of the deadliest episodes of mass racial violence in the country's history that came during a period of Black affluence in an Indian Country community, is asking the public to come forward with more information that can help its review.
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October 17, 2024
Supreme Court Signals Skepticism On Staying Federal Rules
A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.
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October 17, 2024
FERC Adds Tribal Protections To Transmission Siting Rule
The Federal Energy Regulatory Commission unanimously finalized its rule updating how the agency plans to carry out its limited authority over siting transmission lines during its monthly meeting on Thursday.
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October 17, 2024
BIA Says Officer's Evals, Report Off Limits In Liability Dispute
The Bureau of Indian Affairs says a Northern Cheyenne woman who was sexually assaulted by one of its former officers isn't entitled to his psychological evaluation or criminal presentencing report, arguing that the information is protected under state and federal law in the dispute over the federal agency's liability.
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October 16, 2024
Colo. Says Tribes' Sports Betting Concerns Too 'Theoretical'
Colorado Gov. Jared Polis has urged a federal judge to toss a lawsuit brought by two Native American tribes alleging the state can't regulate their online sports betting activities, arguing the tribes' concerns are "purely theoretical" because they currently don't have betting enterprises.
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October 16, 2024
Rule Will Boost Alaskan Native Reps On Subsistence Board
The federal government on Wednesday announced a final rule that will strengthen Alaskan Indigenous representation on the Federal Subsistence Board by, for the first time, adding members nominated by the tribes that will be impacted by the board's decisions on the state's land and waters.
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October 16, 2024
5th Circ. Pauses Block Of Texas Election Law
The Fifth Circuit on Tuesday pressed pause on a San Antonio judge's order blocking part of a controversial Texas election law, writing that a change in law less than three weeks before voters will cast their ballots will cause undue confusion during the election.
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October 16, 2024
NY State Judge Says He's Immune In Tribe's Eviction Suit
A New York state judge has urged a federal court to throw out a Cayuga Nation lawsuit accusing him of interfering with the tribe's sovereign authority as it looks to evict two tribal members from properties on reservation land, saying he is immune from the suit.
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October 16, 2024
Draft Of Recognition Rule Nearly Set For Review, Court Told
A draft of an Interior Department's final rule on federal recognition for Native American tribes is expected to land before the Office of Information and Regulatory Affairs no later than Nov. 15, Secretary Deb Haaland told a D.C. federal court.
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October 16, 2024
DC Circ. Urged To Let Feds Fix Pipeline Safety Rules
A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.
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October 16, 2024
2023 Minority Law Grads Are Still Finding Jobs At Lower Rates
Law school graduates of color from the class of 2023 continue to find employment at lower rates than their white peers despite a red-hot job market, according to a report released Wednesday.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.