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Native American
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June 21, 2024
Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe
In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.
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June 21, 2024
Calif. Gov. Backs Return Of 2,800 Acres To Shasta Nation
California Gov. Gavin Newsom has thrown his support behind the return of more than 2,800 acres of ancestral land seized through eminent domain more than a century ago to the Shasta Indian Nation, marking the largest tribal land effort in the state's history.
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June 21, 2024
Feds Offer $850M To Slash Methane From Oil And Gas
The Biden administration on Friday unveiled the latest prong of its multifaceted plan to cut methane emissions from the oil and gas sector: $850 million worth of federal funding for projects that monitor, measure and reduce emissions from oil and gas infrastructure.
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June 21, 2024
Justices Keep Domestic Abusers Disarmed, Clarify Bruen
The U.S. Supreme Court rejected a Texas man's constitutional challenge to a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms Friday, providing limited guidance to lower courts on how to apply the high court's Second Amendment historical analogue test.
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June 21, 2024
Justices Say No Feds, No Dice In Texas-NM Water Deal
The U.S. Supreme Court on Friday ruled that Texas, New Mexico and Colorado improperly excluded the federal government from an agreement that resolved a Rio Grande water sharing dispute, rejecting the states' argument that the conflict was theirs alone to settle.
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June 20, 2024
Justices' Caution May Hold Key To New Sports Betting Efforts
States overseeing feuds regarding the particulars of online sports betting may have been given a blueprint for peace after the U.S. Supreme Court declined to hear a testy dispute over the Seminole Tribe's sports gambling compact in Florida.
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June 20, 2024
DOI Secretary Looks To Ax Insurer's $20M Tribal Loan Claims
U.S. Department of the Interior Secretary Deb Haaland is seeking a win in a challenge over the cancelation of a $20 million tribal loan guarantee, arguing that an Ohio federal district court lacks subject-matter jurisdiction over Great American Life Insurance Co.'s remaining claims.
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June 20, 2024
No Atty, No Case: Judge Tosses Attack On Psychedelics Ban
A federal judge in Washington state threw out a challenge to the U.S. Drug Enforcement Administration's efforts to ban two psychedelic substances in an order Thursday that chided a psychedelic research company for doing "an end run" around requirements that corporations be represented by an attorney.
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June 20, 2024
NLRB Attys, Calif. Tribe Settle Casino Subpoena Dispute
A California federal court dismissed on Thursday National Labor Relations Board prosecutors' bids to enforce subpoenas requesting a list of casino employees who could be in a proposed bargaining unit from a tribe and a gambling company, with agency attorneys saying the parties settled the dispute.
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June 20, 2024
New Navajo Law Expected To Double Infrastructure Funds
Navajo Nation President Buu Nygren signed into law legislation that will create a new mechanism allowing the federally recognized tribe to transfer $522 million in American Rescue Plan Act funding into a revenue reserve that's expected to nearly double the tribe's infrastructure financing.
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June 18, 2024
Ayahuasca Church Says DOJ Should Pay $2.2M Legal Fees
A Phoenix-based church that secured a deal with the U.S. Department of Justice allowing it to legally use ayahuasca for its religious practices is now asking an Arizona federal court to make the government pay $2.2 million, covering the costs of litigating the case and giving its attorneys an "appropriate" bonus.
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June 18, 2024
Failure To Return Remains Violates Human Rights, Court Told
A nonprofit tribal organization and a South Carolina tribe are backing a challenge to the U.S. Army that seeks to repatriate the remains of two Native American children from an Indian boarding school cemetery in Pennsylvania, arguing that failure to do so constitutes a continuing human rights violation.
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June 18, 2024
9th Circ. Asked For En Banc Review In Youths' Climate Case
Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.
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June 18, 2024
Hospital Board Says Feds Underpaid Claims By $17M
A Navajo Nation hospital board is suing the federal government, alleging the U.S. Department of Health and Human Services underpaid its fiscal year 2016 funding request for contract support costs by $17.4 million without any legal justification.
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June 17, 2024
6th Circ. Sends Enbridge Pipeline Dispute To Mich. State Court
A Sixth Circuit panel on Monday remanded a dispute between Michigan's attorney general and Enbridge Energy that looks to shut down dual pipelines that cross the Straits of Mackinac, saying the company failed to timely remove the case to federal court and there are no equitable exceptions to do so.
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June 17, 2024
Feds, Tribes Say It's Too Soon To Reopen Monument Suit
The federal government, tribes and conservation groups are fighting a bid by Utah and farming associations to lift a more than three-year stay in a challenge to the Bears Ears National Monument, arguing that the state is already involved in litigation that attempts to nullify the presidential proclamation that established it.
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June 17, 2024
NY Says IGRA Doesn't Keep State Lottery Off Tribal Land
The New York State Gaming Commission has asked a federal judge to throw out the Cayuga Nation's attempt to block lottery games from operating on tribal lands, arguing state lotteries do not fall under the federal Indian Gaming Regulatory Act's jurisdiction.
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June 17, 2024
BNSF Owes Wash. Tribe $400M For Oil Shipping Trespass
BNSF Railway Co. must pay a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, a federal judge in Seattle ruled Monday.
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June 17, 2024
High Court Won't Hear Florida Gaming Compact Dispute
The U.S. Supreme Court declined Monday to take up two casino operators' petition to overturn a sports gaming compact between the state of Florida and the Seminole Tribe that allows for online betting off tribal lands.
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June 14, 2024
Utah Gov. And Land Trust Beat Tribe's Bidding Suit, For Now
A federal judge dismissed claims against Utah Gov. Spencer Cox, several state officials and its trust lands administration in a tribe's challenge accusing them of spinning a racist bidding scheme to prevent it from winning a land auction to purchase land just outside its reservation.
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June 14, 2024
Makah Tribe Can Resume Hunting Gray Whales
The Makah Tribe can go back to its long-standing cultural practice of hunting gray whales off the coast of Washington now that the National Oceanic and Atmospheric Administration has authorized it to resume ceremonial and subsistence hunting in line with its treaty rights.
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June 14, 2024
Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution
The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.
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June 14, 2024
Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant
The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.
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June 13, 2024
Tribal Casino Tells 7th Circ. Ill. City Rigged Proposal Votes
A proposed tribal casino has asked the Seventh Circuit to undo a lower court ruling that found Waukegan, Ill., did not intentionally discriminate against it when the city chose three other competitors to operate casinos, saying the city ran a rigged review process.
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June 13, 2024
Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade
An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.
Expert Analysis
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Bid Protest Spotlight: Errors, Experience, Corrective Action
In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.
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Minn. Mine Denial Stresses Importance Of Tribal Partnerships
The Army Corps of Engineers' decision to revoke a suspended Clean Water Act permit for a proposed mine in Minnesota is a reminder that project developers need to take tribal authority and rights seriously and consider early and frequent consultation with tribes, say attorneys at K&L Gates.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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EPA Draft Plastic Pollution Plan Offers Opportunities For Cos.
The U.S. Environmental Protection Agency's recently released draft national strategy to prevent plastic pollution, if implemented as is, will have serious implications for waste collection and processing businesses, but also highlights growth opportunities for companies seeking to capitalize on the emerging circular economy, say attorneys at DLA Piper.
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4 Legal Issues Grant-Funded Broadband Projects May Face
The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Washington State Puts Environmental Justice At The Forefront
Two laws — the Healthy Environment for All Act and the Climate Commitment Act — have given Washington one of the most progressive environmental justice frameworks of any state in the country, and the resulting regulatory framework, which became fully effective on July 1, makes environmental justice assessments a key part of many projects, say attorneys at K&L Gates.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Is There A New 'Moderate Questions' Doctrine?
The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.
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DC Circ.'s Perchlorate Ruling Means Regulatory Restart
The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.