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Native American
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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.
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January 23, 2025
Okla. High Court Says Gov. Stitt Can Lead Tribal-Gaming Case
The Oklahoma Supreme Court has unanimously confirmed Gov. Kevin Stitt's constitutional authority to represent the state in a lawsuit over the validity of tribal-gaming compacts for casino operations, but it also found that he cannot prevent the state attorney general from appearing in the case.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Minn. Operator Fights Tribal Bid To Nix Class III Gaming Suit
A casino and racetrack operator is fighting a bid to dismiss its lawsuit against two Minnesota tribal casino executives who argue that a recent Ninth Circuit ruling weighs in their favor in the dispute over alleged Racketeer Influenced and Corrupt Organization Act violations.
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January 22, 2025
Conn. Lawmaker Proposes Bill Legalizing In-Flight Gambling
A new Connecticut bill that would legalize sports betting on flights taking off from or landing in the Constitution State was referred to the state General Assembly's joint committee on general law Wednesday, one of multiple new measures aimed at regulating the state's emerging sports wagering industry.
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January 22, 2025
Navajo Nation Looks To Block Federal Mineral Leasing Ban
The Navajo Nation has sued the U.S. Department of the Interior in a bid to block a Biden administration order withdrawing federal land from new mineral leasing and development near a national park in New Mexico, saying the ban would cause tribal allottees to suffer financial hardships.
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January 22, 2025
Army, SD Tribe Fight For Early Win In Dakota Access Row
The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.
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January 22, 2025
DC Judge Declines To DQ Jenner & Block In Casino Dispute
A D.C. federal judge on Wednesday rejected a bid from three Native American tribes to disqualify Jenner & Block LLP from a lawsuit that seeks to block the operation of a new casino in Oregon.
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January 21, 2025
Trump Moratorium Is An Ill Wind For Project Development
President Donald Trump's sweeping directive to halt federal reviews and permitting of wind farms creates fresh uncertainty over whether many projects slated to be built can secure necessary approval and financing.
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January 21, 2025
Biden Commutes Sentence For Native Activist Leonard Peltier
In one of his final acts as president, Joe Biden commuted the life sentence of Native American activist Leonard Peltier after decades of calls from figures such as Pope Francis, Mother Teresa, Nelson Mandela, the Dalai Lama and Coretta Scott King.
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January 21, 2025
Payment Co. Says Okla. Tribe Lacks Jurisdiction In Fraud Suit
Two owners of a payment processor have asked an Oklahoma federal judge to toss a Native American tribal entity's lawsuit claiming they defrauded it out of $1.5 million, arguing that it isn't a citizen for the purposes of diversity jurisdiction under Tenth Circuit precedent.
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January 21, 2025
Justices Won't Hear Montana Native Voting Order Dispute
The U.S. Supreme Court has declined to take up a petition by Montana's secretary of state that looked to undo a determination that two voting laws related to absentee voting hours and registration deadlines are illegal and hindered the rights of Native Americans to participate in the election process.
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January 20, 2025
Trump Ends Biden Moratorium That Limited LNG Exports
President Donald Trump on Monday lifted former President Joe Biden's moratorium on approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., fulfilling a promise he made repeatedly on the campaign trail.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
Expert Analysis
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.