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Native American
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April 02, 2025
Wis. Town Asks Court To Vacate 500-Acre Land Trust Order
A Wisconsin town has asked a federal judge to hand it a win in its challenge against a U.S. Department of the Interior Board of Indian Appeals decision affirming that eight properties totaling nearly 500 acres may be held in trust for the Oneida Nation.
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April 02, 2025
DC Judge Probes EPA's Reasons For Freezing Climate Funds
A D.C. federal judge on Wednesday pressed a U.S. Department of Justice lawyer about the U.S. Environmental Protection Agency's explanation for cutting off $20 billion in grant money for climate change projects as a trio of nonprofits seek to turn the funding back on.
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April 02, 2025
Groups Say Interior Is Ignoring Aging Calif. Oil Platforms
The federal government has failed to require Sable Offshore Corp. to update safety and pollution control plans at oil and gas drilling facilities off the California coast that fed an onshore pipeline that spilled in 2015, a new lawsuit says.
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April 02, 2025
CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts
CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.
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April 02, 2025
Calif. Tribe Sues After DOI Rescinds $700M Casino Eligibility
The U.S. Department of the Interior's sudden decision to rescind gambling eligibility for a $700 million tribal casino-resort project violates the California tribe's due process rights and is an overreach of the agency's authority, the tribe told a D.C. federal judge in a new lawsuit.
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April 01, 2025
Gov't Says Climate Webpage Takedowns Reflect New Priorities
Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.
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April 01, 2025
Judge Favors DOI In Calif. Rancheria's Recognition Suit
The U.S. Department of the Interior did not act unlawfully when it determined that a tribal group cannot seek federal recognition from the agency, a California federal judge has ruled in an order favoring the DOI and closing the group's lawsuit.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
Wireless Industry Asks FCC To Loosen NEPA Rules
A major wireless trade association is urging the Federal Communications Commission to drop National Environmental Policy Act requirements on certain wireless infrastructure deployments, saying that the "burdensome" "red tape" is hindering future wireless expansion, rather than facilitating it.
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April 01, 2025
EPA, Citibank Fight States' Bid To Restart Grant Funding
The U.S. Environmental Protection Agency and Citibank on Monday said four state infrastructure financing entities that accuse them of illegally withholding federal grant funding have no grounds to support an effort to get the money flowing again.
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March 31, 2025
Trump Commutes Con Man Jason Galanis' Prison Sentence
President Donald Trump on Friday commuted the nearly 16-year sentence of fraudster Jason Galanis, who was convicted in a shareholder rip-off and a tribal bond swindle that cost investors $81 million.
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March 31, 2025
Insurer Off The Hook For Tribe's COVID Casino Shutdown
Lexington Insurance Co. does not owe a Washington tribe business-loss coverage after COVID-19 forced the shutdown of the tribe's casino, a Washington state appeals court said Monday, ruling that the virus did not cause direct physical loss or damage to tribal properties.
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March 31, 2025
Coalition Warns SAVE Act Will Disenfranchise Minority Voters
A coalition of civil and human rights groups is urging members of Congress to oppose legislation that requires states to obtain in-person proof of citizenship before allowing an individual to vote, arguing the bill represents a shameful, divisive attempt to prevent millions of eligible minorities from casting ballots.
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March 31, 2025
Local, State Officials Cautious On Rollback Of Enviro Rules
Several national groups representing local regulatory officials responsible for overseeing infrastructure projects told the White House they're concerned about a rule rolling back regulations for complying with environmental review requirements.
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March 31, 2025
DOI Rescinds Gaming Eligibility In $700M Calif. Casino Project
The Department of the Interior has temporarily suspended a gaming eligibility determination for a California tribe's $700 million casino and gaming resort project, saying Secretary Doug Burgum is concerned that the agency didn't consider additional evidence regarding the 160-acre parcel's restored lands exception.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
DOJ Reverses Course, Drops Ga. Voter Suppression Claims
The Trump administration has dropped its support for litigation challenging Georgia's Republican-backed 2021 election law overhaul, as the Department of Justice said Monday it would no longer prosecute what it called "fabricated claims of false voter suppression."
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March 28, 2025
Judge Tosses 3 Suits Challenging Ban On Native Mascots
A New York federal judge has tossed several school district lawsuits seeking to void a state law banning the use of Native American team mascots and names, throwing out individual board members' free speech claims but saying they can amend their suits as private citizens.
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March 28, 2025
Burt Lake Band Drops Suit Against Interior Over Tribal Rule
The Burt Lake Band of Ottawa and Chippewa Indians has dropped a lawsuit in D.C. federal court against the U.S. Department of the Interior after the agency finalized a rule governing which tribes can gain federal recognition, saying it obtained the relief it sought.
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March 28, 2025
GOP Rep. Says Lawmakers Ready For FCC Subsidy Fix
Congress will be prepared to reform the country's telecom subsidy programs for low-income and rural consumers if the U.S. Supreme Court decides they must be overhauled, according to a key House Republican.
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March 28, 2025
Tribe Not Ready For '2nd Bite' In Pipeline Row, Judge Says
A D.C. federal judge on Friday dismissed a lawsuit by the Standing Rock Sioux Tribe that looked to shut down the Dakota Access Pipeline, saying the litigation was prematurely filed and the precise nature of relief requested by the tribe remains unclear.
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March 28, 2025
5th Circ. OKs Largest US Crude Export Terminal's Expansion
A Fifth Circuit panel found the U.S. Army Corps of Engineers dotted its i's and crossed its t's before it greenlighted an expansion of the largest crude oil export terminal by volume in North America, finding in a Friday opinion the agency adequately studied the project's effects.
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March 28, 2025
US Can Weigh In On Osage Reservation Boundary Dispute
An Oklahoma federal judge will allow the United States to weigh in on a dispute between the Osage Nation and the state's tax commission over the tribe's reservation boundaries after the federal government said a U.S. Supreme Court ruling at the crux of the litigation is of interest to the government.
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March 27, 2025
Lawmakers Reintroduce Bill For Georgia's First National Park
Four U.S. lawmakers from Georgia have reintroduced a federal act that would establish the Ocmulgee Mounds and surrounding areas as the state's first national park, saying the bipartisan bill's introduction follows years of lobbying by the Muscogee (Creek) Nation.
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March 27, 2025
California Tribe Wants In On 70-Acre Casino Project Challenge
A California tribe at the center of a challenge to an Interior Department decision to take 70 acres into trust for the construction of its hotel and casino project is asking a federal court to intervene in the dispute, arguing the plaintiff's anticompetitive behavior will impede its goal of self-governance.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.