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Native American
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January 29, 2025
8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal
The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.
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January 29, 2025
Senate Confirms Former Rep. Lee Zeldin To Lead EPA
The U.S. Senate on Wednesday confirmed former New York congressman Lee Zeldin to lead the U.S. Environmental Protection Agency.
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January 29, 2025
2nd Circ. Rejects NY Tribe's Eel Fishing Regs Challenge
The Second Circuit has upheld a lower court's rejection of the Unkechaug Indian Nation's challenge to New York State Department of Environmental Conservation regulations on eel harvests, finding that an agreement dating back to 1676 is not federal law preempting state fishing regulations.
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January 29, 2025
Tribal Leaders Call Funding Freeze A 'Step In Wrong Direction'
Native American nonprofit groups and tribal leaders are weighing the effects of the Trump administration's possible federal funding freeze, calling the president's directive, which was revoked on Wednesday, shocking and vowing to bring legal action if necessary to protect Indian Country and the nation's Indigenous citizens.
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January 28, 2025
Stakeholders Worry Funding Freeze Will Hinder Connectivity
Advocates for increased broadband access in schools and libraries are sounding the alarm about the Office of Management and Budget memorandum calling on agencies to pause grant and loan disbursements, with broadband access advocates warning that the move would stop all Universal Service reimbursements and threaten coverage for rural and underserved areas.
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January 28, 2025
Energy Co. Seeks Abeyance In Dakota Access Pipeline Row
The operator of the Dakota Access Pipeline has asked the D.C. federal district court to suspend a South Dakota tribe's suit to shut down the pipeline's use until the court first rules on the tribe and federal government's competing motions for summary judgment.
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January 28, 2025
New FERC Chair Backs Status Quo For Gas Project Reviews
Newly minted Federal Energy Regulatory Commission Chairman Mark Christie told Law360 in an exclusive interview that he sees no reason to change the approval process for gas infrastructure projects despite recent court rulings that have dinged FERC for legally inadequate reviews.
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January 28, 2025
Calif. Says It Has Immunity In Tribal Gaming Compact Suit
Gov. Gavin Newsom and California told a federal judge that their sovereign immunity bars the Picayune Rancheria of the Chukchansi Indians' state-law claims in its suit over the parties' gaming compact, saying the tribe hasn't validly pled a violation of state law.
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January 28, 2025
Ariz. Judge Rejects Monument Challenge Due To Mining Ban
A federal district court judge dismissed the Arizona State Legislature's challenge to former President Joe Biden's proclamation that established an Indigenous site in the Grand Canyon region as a national monument, saying the lawmakers failed to show how the order would harm the state's mining revenue-related interests.
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January 28, 2025
Oklahoma Judge To Take Senior Status Next Year
Chief U.S. District Judge Ronald A. White of the Eastern District of Oklahoma has informed President Donald Trump that he will take senior status a year from now.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
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January 27, 2025
Alaskan Co. Says Texas Firm Bungled Wash. Dam Scaffolding
An Alaska Native-owned corporation is claiming a Texas firm supplied faulty underwater scaffolding designs that allegedly caused a structural collapse at a Pacific Northwest dam, exposing one of the corporation's subsidiaries to a demand of more than $1.4 million from the project's lead contractor.
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January 27, 2025
Enbridge Urges Line 5 Judge To Stall For Trump Admin Talks
Enbridge Energy LP suggested Monday that a judge should "sit tight" rather than immediately rule on the merits of Michigan's lawsuit over its Line 5 pipeline to give the new U.S. presidential administration time to reach a resolution with Canada in the long-running dispute.
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January 27, 2025
Fed Fisheries Seek Win In Tide Gate Fight Over Salmon
The National Marine Fisheries Service has sought an early win in a suit by a county dike district challenging a U.S. government biological opinion that says a proposed tide gate project endangers salmon, telling a Washington federal judge that its ecological findings are reasonable.
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January 27, 2025
Oklahoma Tribes Want In On DOJ's Jurisdiction Lawsuits
Three Native American tribes want to back the Department of Justice in its challenges to two Oklahoma district attorneys in an effort to stop them from prosecuting tribal citizens for crimes committed in Indian Country, arguing that the ongoing threat interferes with tribes' rights to enforce their own laws.
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January 27, 2025
Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid
Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.
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January 24, 2025
Ill. Casino Applicant Loses Out On License Denial Challenge
A tribal-led casino applicant that was denied a license to open up in Waukegan, Illinois, does not have standing to appeal that rejection, the state's highest court said on Friday, restoring a trial court's decision on the matter.
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January 24, 2025
Trump Fires Inspectors General Without Notice
President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.
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January 24, 2025
Navajo Nation Cautions Citizens Over Immigration Raids
Navajo Nation tribal leaders are calling on President Buu Nygren to address reported U.S. Immigration and Customs Enforcement raids in Arizona, New Mexico and Utah, where they fear agents may have illegally detained members who live off-reservation and in urban areas.
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January 24, 2025
Enviros Want To Reopen Yellowstone Bison Suit
An environmental group has asked a Montana federal court to reopen a case over the management of Native American tribes' bison hunting on public land near Yellowstone National Park, saying new analysis is needed to determine whether the United States' national mammal can now roam free.
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January 24, 2025
Trump Energy Order Disrupts High-Profile NEPA Cases
One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.
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January 24, 2025
Army Exploits Pa. Boarding School Cemetery, 4th Circ. Told
The U.S. Army is exploiting an Indian boarding school cemetery as a repository for human remains, a Nebraska tribe told the Fourth Circuit, arguing that the military institution is conducting research and other activities that serve its goals rather than respecting the sovereignty and traditions of Indigenous people.
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January 23, 2025
Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict
A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.
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January 23, 2025
Trump Orders Recognition Of Lumbee Tribe
President Donald Trump directed the U.S. Department of the Interior to move along recognition of North Carolina's Lumbee Tribe on Thursday, calling federal recognition "long overdue."
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January 23, 2025
NCAA, Student-Athlete Near Deal To End W. Va. Transfer Suit
A West Virginia federal court has ordered an additional two-week pause in an antitrust lawsuit by an NBA hopeful who accused the NCAA of contract interference as the parties seek to finalize a settlement.
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Opinion
How Trump Admin Should Address Indian Country Priorities
The incoming Trump administration should consider four high-level policy recommendations if it wants to succeed at improving the quality of life for Native Americans throughout the U.S., says Mike Andrews at McGuireWoods.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.