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Native American
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February 11, 2025
'Fraudster' Or 'Fool'? Jury Gets 2 Takes On Exec's Crypto Flop
The criminal case against a cryptocurrency company CEO accused of defrauding investors of $5 million is about "greed," a prosecutor told a California federal jury during opening arguments Tuesday while a defense lawyer characterized his client as a "fool" who floundered while "swimming with sharks," including disgraced ex-lobbyist Jack Abramoff.
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February 11, 2025
EV Charging Supply Chain In Limbo Amid Funding Freeze
The Trump administration's suspension of a $5 billion program funding electric vehicle charging stations nationwide infuses uncertainty into the future of the U.S. electric-vehicle supply chain, triggering costly project delays and fresh litigation, experts told Law360.
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February 11, 2025
Former DOI Secretary Eyes New Mexico Governor's Seat
Former U.S. Department of Interior Secretary Deb Haaland on Tuesday launched her campaign for governor of New Mexico, an endeavor that, if successful, would make her the first Native American woman to take on such a role.
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February 11, 2025
Feds Must Enforce Law In Dakota Pipeline Row, Court Told
The Standing Rock Sioux Tribe is fighting a bid by the federal government and a slew of Republican-led states to dismiss its lawsuit that seeks to block an energy company from operating the Dakota Access Pipeline, saying there's a mandatory duty to ensure its operations comply with environmental laws.
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February 10, 2025
Fla. Court Lets Seminoles Intervene In Gaming Ad Suit
A Florida federal judge on Monday granted the Seminole Tribe of Florida's request to intervene in a proposed class action over allegedly misleading advertisements by gaming vendor Seminole Hard Rock Digital, which the judge found cannot adequately represent the tribe's interests.
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February 10, 2025
Calif. Tribe Says DOI Gives It No Protection In Casino Row
The Federated Indians of Graton Rancheria told a California federal judge that the U.S. Department of the Interior filed an incomplete status report about how it will monitor another tribe's project plans for the construction of a casino, saying the report fails to protect FIGR.
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February 10, 2025
Nevada Lithium Mine Violates Indigenous' Rights, Report Says
The federal government's approval of an 18,000-acre open-pit lithium mine in northern Nevada is a violation of Indigenous' rights, according to a recent report, which says at least six tribes have ties to the site where they've experienced violations against their religion, culture and ancestral lands.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 07, 2025
Native American Legislative Moves: Land Bill Moves Forward
A bill that would give back a historic site to a Tennessee tribe is moving forward, the U.S. Senate Committee on Indian Affairs has done a leadership role reversal, and a federal lawmaker has his sights set on boosting the Alaskan Native Settlement Trust Eligibility Act. Here, Law360 looks at the most recent major legislative efforts that affect Indian Country.
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February 07, 2025
FERC Says Trump Orders Support DC Circ. Rehearing Bid
The Federal Energy Regulatory Commission has told the D.C. Circuit that President Donald Trump's revocation of two environmental executive orders dating back decades shows that the appeals court's vacatur of two FERC reauthorizations of liquefied natural gas projects was unjustified.
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February 07, 2025
Native American Rights Fund Builds On Its Successes
Long a go-to litigator in Indian Country, the nonprofit Native American Rights Fund is stepping up to meet the high demand for its legal advocacy, moving to a larger headquarters and adding attorneys in recent years.
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February 07, 2025
Justices Deny Trump DOJ's Bid To Delay Three Energy Cases
The U.S. Supreme Court denied the Trump administration's request to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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February 06, 2025
Wash. Tribe Can't Open 50-Year-Old Fishing Rights Dispute
The Sauk-Suiattle Indian Tribe cannot open a new subproceeding in a 50-year-old case about tribal fishing rights, a Washington federal judge has ruled, finding that the tribe's request is "dead on arrival."
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February 06, 2025
Bipartisan US Senators Reintroduce Tribal Public Safety Bill
Two Republican U.S. senators have joined two Democratic senators in reintroducing a bipartisan bill that would support the recruitment of Bureau of Indian Affairs law enforcement officers and improve efforts to resolve missing persons cases.
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February 06, 2025
Ala. Tribe Fights Bid To Renew Burial Grounds Row
The Poarch Band of Creek Indians is asking a federal district court to deny a bid by the Muscogee (Creek) Nation to renew a complaint in a dispute over an Alabama burial site, arguing the new claims should have been added to the original lawsuit more than a decade ago.
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February 06, 2025
EPA Places 168 Environmental Justice Workers On Leave
Scores of U.S. Environmental Protection Agency workers who have been focused on environmental justice issues were placed on leave Thursday, in line with the Trump administration's promise to largely abandon that area of work.
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February 05, 2025
California Tribes Sue Feds Over 'Massive' Casino Project
The Wintu Tribe of Northern California and the Paskenta Band of Nomlaki Indians hauled several federal agencies into Washington, D.C., federal court for allegedly greenlighting a plan to turn over 220 acres of Indigenous territory into a "massive" casino development without evaluating the environmental impact or the land's cultural significance.
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February 05, 2025
Federal Recognition Reg May Not Survive Trump, Tribe Fears
The Burt Lake Band of Ottawa and Chippewa Indians has asked a D.C. federal judge not to toss its case looking to force the U.S. Department of the Interior to finalize a rule governing which tribes can gain federal recognition, saying President Donald Trump's administration may kill the new rule.
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February 05, 2025
Alaska Sues In DC Over Tribe's Anchorage Gaming Hall
The state of Alaska is suing the U.S. Department of the Interior and an Alaska Native tribe in D.C. federal court, seeking to wipe out a series of agency decisions the state says upended jurisdictional authority over Alaska lands and authorized the tribe to operate a gaming hall in Anchorage.
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February 05, 2025
Cuts To Medicaid Will Devastate Tribal Healthcare, Experts Say
As talks of big funding slashes to Medicaid loom among federal lawmakers, Indigenous communities say they will face devastating losses if any anticipated legislation passes, leading to cuts in Indian Country's healthcare workforce, a large gap in services for children and a rise in preventable illnesses.
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February 05, 2025
GOP Lawmakers Move To Scrap Methane Emissions Fee
Republican lawmakers revived legislation seeking to block implementation of the U.S. Environmental Protection Agency's methane emissions fee, as part of a broader effort to bolster the Trump administration's U.S. energy dominance policy.
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February 04, 2025
Tribe's IHS Debt Suit Cut But Overcollection Claims Remain
A Nebraska federal judge partly tossed a tribe's amended suit challenging the Indian Health Service's contention that it overpaid the tribe by $3.2 million due to an administrative oversight, finding the tribe waited too long to sue, but he allowed claims alleging overcollection of the debt to continue.
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February 04, 2025
Calif. AG Backs Tribes In Bid To Protect Cultural Resources
California's attorney general has won his bid to intervene in a consolidated suit challenging a county's approvals for a roadside attraction proposed to be built along Highway 101, saying the county violated environmental standards and failed to consult with Native American tribes.
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February 04, 2025
EPA, Interior Leaders Unveil Focus On US Energy Production
The heads of the U.S. Department of the Interior and the U.S. Environmental Protection Agency unveiled plans for their agencies that largely focus on bolstering President Donald Trump's U.S. energy dominance policy.
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February 04, 2025
White House Lacks Authority To Issue NEPA Regs, Judge Says
The White House Council on Environmental Quality has no authority to issue binding National Environmental Policy Act regulations, a North Dakota judge has ruled, scrapping challenged regulations the Biden administration had enacted.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.