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Native American
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October 29, 2024
Texas Gov., Oil Groups Urge DC Circ. To Revive LNG Projects
Texas Gov. Greg Abbott, the American Petroleum Institute, the Lipan Apache Tribe and others are lining up behind liquefied natural gas project backers asking the full D.C. Circuit to review a panel's decision to nix Federal Energy Regulatory Commission approvals for LNG projects on the Texas Gulf Coast.
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October 29, 2024
Mining Regs Have World Effect On Tribes, High Court Told
A chief of an Indigenous Brazilian community is backing an Arizona tribe in its bid to overturn a decision that allows a copper mining company to discharge treated wastewater into a local waterway, telling the Supreme Court that pollution from such operations impacts more than just health around the world.
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October 29, 2024
ND Riverbed Fight Has Been Festering For 50 Years, Court Told
A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.
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October 29, 2024
BOEM Holds Gulf Of Maine Wind Lease Sale
An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.
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October 29, 2024
FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told
The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.
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October 28, 2024
Casinos End Dispute With Fla. Tribe, Agree To Partner
Several Florida casino operators have promised to end litigation against Seminole Tribe of Florida over an agreement with the state government allowing the tribe to receive online sports bets, instead agreeing to partner with the tribe to offer and promote gambling through an app, the tribe announced Monday.
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October 28, 2024
Mich. Tribe Asks Court To Rethink DOI Contempt Order
A Michigan tribe is asking a D.C. federal judge to reconsider a ruling that declined to hold Interior Secretary Deb Haaland in contempt over a deadline to finalize a new rule on repetitioning for federal recognition, saying the agency's actions don't suggest it plans to do so anytime soon.
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October 28, 2024
Navajo See Growing Trend After Return Of Ceremonial Masks
The Navajo Nation says there is a growing trend among the descendants of collectors and amateur archaeologists to give Indigenous artifacts back to their rightful owners, after a donor returned a set of 11 ceremonial masks that the tribe says vitally define its sovereignty.
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October 28, 2024
FCC To Help Tribal Libraries Connect To E-Rate Funding
The Federal Communications Commission will help tribal libraries link up with funding through the E-Rate subsidy program for schools and libraries on a permanent basis.
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October 28, 2024
Tribe-Linked Lenders Flouted Interest Laws, Borrower Says
A Florida man and his purported data analytic companies face a proposed class action alleging they improperly touted a relationship with a small Native American tribe as they made consumer loans with triple-digit annual interest rates.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
Osage Call Need For Okla. ETC Designation 'Critical'
The Osage Nation of Oklahoma is asking once again for the FCC to designate it as an eligible telecommunications carrier so that it can more easily bring internet — and federal subsidy programs — to the underserved citizens of its reservation, which is roughly the size of Delaware.
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October 25, 2024
NEPA Rail Ruling Backers Flood Justices With Amicus Briefs
Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.
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October 25, 2024
Biden Calls U.S. Indian Boarding Schools 'A Sin On Our Soul'
President Joe Biden on Friday apologized for the 150 years of U.S. policy that established more than 500 government-funded Indian boarding schools throughout the country, calling the endeavor one of the most consequential moves of his term and the era "one of the most horrific chapters in American history."
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October 25, 2024
Seminole Tribe Looks To Dismiss Gaming Ad Suit
The Seminole Tribe of Florida asked a Florida federal court to dismiss a proposed class suit claiming ads from the tribe's gaming vendor are misleading, arguing that the suit cannot continue without the tribe as a party, but the tribe cannot be added as a party because of sovereign immunity.
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October 25, 2024
Biden Admin Puts Up $4B For Clean Energy, Grid Projects
The Biden administration on Friday said it's handing out approximately $4 billion in combined grants and loans for clean energy purchases and grid upgrades for a slew of states, tribes and electricity co-operatives.
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October 25, 2024
BLM Gives Green Light To Nevada Lithium Mine
The Biden administration has announced that it's approving the proposed Rhyolite Ridge lithium mine in southeast Nevada, a decision a conservation group said threatens to push an imperiled wildflower species into extinction.
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October 25, 2024
NY Won't Alter Date For Mascot Ban, Court Told
The New York Board of Regents won't postpone a deadline for the state's public schools to get rid of any Indigenous names, mascots and logos, it told a federal district court in a challenge by three school districts over the ban.
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October 24, 2024
Biden To Issue Apology For US Role In Boarding Schools
President Joe Biden is expected to issue a formal apology Friday for the federal government's Indian boarding schools during a trip to Arizona's Gila River Indian Community, the first such apology from a sitting president in response to U.S. policies that inflicted trauma on generations of Indigenous communities.
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October 24, 2024
Survivors Say They Were Excluded From Tulsa Committee
The two remaining survivors of one of the deadliest incidents of mass race violence in the country's history say the city of Tulsa, Oklahoma, has excluded them from a commission geared toward recommending how reparations can be made for the 1921 destruction of a once-thriving Black community in Indian Country.
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October 24, 2024
Program Led To Surge In Officers, Arrests For Tribes, FBI Says
A surge in FBI personnel in a program designed to address violent crimes in tribal communities allowed agents to focus on more than 300 cases in the last two years, the agency said, including investigations into missing and murdered Indigenous people that victims' advocates have called for for years.
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October 24, 2024
Dems From Storm-Impacted States Call For Probes Of Misinfo
Democratic lawmakers from states recently impacted by Hurricanes Helene and Milton asked the leadership of three House committees on Wednesday to investigate and hold hearings on the "troubling surge" in the spread of misinformation, scams and conspiracy theories about the storms on social media.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 23, 2024
EPA's GHG Power Plant Rule Is Achievable, Scientists Say
A half-dozen prominent scientists and engineers have told the D.C. Circuit that the U.S. Environmental Protection Agency's plan to tap carbon capture and sequestration technology to reduce power plants' greenhouse gas pollution is on point and readily achievable.
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October 23, 2024
Tribes Want Magistrate Judge To Drop Out Of $12M Award Suit
Two Native American tribes have told a Wyoming federal court that a magistrate judge should recuse himself from an oil and gas company's lawsuit attempting to stop them from using their tribal judicial system to vacate a more than $12 million arbitration award.
Expert Analysis
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
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.
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What Recent Setbacks In Court Mean For Enviro Justice
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.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
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.
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A Post-Mortem Analysis Of Stroock's Demise
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.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
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.
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SG's Office Is Case Study To Help Close Legal Gender Gap
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.
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Series
In Focus At The EEOC: Protecting Vulnerable Workers
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.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
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.
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Series
Competing In Dressage Makes Me A Better Lawyer
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.
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Del. Ruling Adds Momentum For Caremark Plaintiffs
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.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
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.
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5 Reasons Associates Shouldn't Take A Job Just For Money
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.