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Native American
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March 19, 2025
8th Circuit Rejects Minn. Tribe's Jurisdiction Rehearing Bid
The Eighth Circuit on Wednesday denied a Minnesota tribe's request for a panel or en banc rehearing on a decision to remand and vacate its challenge over law enforcement jurisdiction on its reservation after it told the court last month that its assessment of the case conflicts with precedent.
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March 19, 2025
Wash. Water Quality Regs Survive Industry Challenge
A federal judge on Wednesday upheld Washington state water quality standards that were challenged by business groups after they were approved by the U.S. Environmental Protection Agency.
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March 19, 2025
Judge Carves Up Arkansas Cherokee Casino License Dispute
Cherokee Nation businesses can proceed with three of their claims against Arkansas in a dispute over the revocation of a casino license, a federal court judge said, while allowing the state to nix allegations that the tribal entities were deprived of equal protection and substantive due process.
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March 19, 2025
Greenpeace Owes More Than $660M In Dakota Pipeline Case
A jury has ordered Greenpeace to pay more than $666 million in a suit alleging the group falsely disparaged the Dakota Access Pipeline project amid environmental protests, a case the organization has called a threat to its future and an attack on free speech.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Judge Won't Unfreeze Climate Grantees' EPA Funds
A Washington, D.C., federal judge said the U.S. Environmental Protection Agency hasn't provided an adequate explanation for its termination of $20 billion in grant funding for climate change projects and blocked it from taking further action — but declined to order that the money be released.
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March 19, 2025
Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement
Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.
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March 18, 2025
Tribe Members Complicate Tesoro Pipeline Row, 8th Circ. Told
Tesoro High Plains Pipeline Co. has urged the Eighth Circuit to deny landowning tribe members' bid to intervene in the company's lawsuit challenging the federal government's right-of-way trespassing claims against it, saying that the United States adequately represents their interests and that they would only complicate the case.
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March 18, 2025
Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit
A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."
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March 18, 2025
Army Corps' Permit For Offshore Fish Farms Is Voided
A Washington federal court judge set aside as unlawful a U.S. Army Corps of Engineers' nationwide permit intended to speed up offshore aquaculture through the construction of industrial-size facilities in federal ocean waters off the country's eastern and western coasts.
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March 18, 2025
DC Circ. Gives FERC Chance To Redo LNG Project Approvals
The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.
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March 17, 2025
Wash. AG Backs Tribe's $400M Trespass Win Against BNSF
The state of Washington has said the Ninth Circuit should uphold a trial judge's ruling that BNSF Railway Co. owes nearly $400 million for years of illegally running oil cars across tribal territory, arguing in an amicus brief the railroad must be held accountable for perpetuating "a pattern of disregard for the sovereignty of Native people."
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March 17, 2025
Okla. Gov. Looks To Dismiss Tribe's Jurisdiction Dispute
Oklahoma Gov. Kevin Stitt is asking a federal court to dismiss a paused jurisdiction dispute between the Muscogee (Creek) Nation and the city of Tulsa, or be allowed to intervene, arguing that the municipality has signaled a willingness to abandon the defense of the state's interests.
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March 17, 2025
Calif. Panel Sides With Tribe In Hotel Construction Fight
A California appeals panel has sided with a Native American tribe in its decision to reverse a lower court ruling and invalidate the city of Clearlake's approval of a hotel project on what was tribal land, finding that the city failed to comply with a state environmental law.
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
HUD, DOI To Identify Federal Land For Affordable Housing
The U.S. Department of Housing and Urban Development and the U.S. Department of the Interior will work together on identifying federal land that could be used as the sites of affordable housing, according to a joint announcement.
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March 17, 2025
Filmmaker Questions Netflix Defense In IP Suit Over 'Rez Ball'
A filmmaker who alleges that Netflix, NBA superstar LeBron James and others lifted elements from one of his scripts to make the streaming service's movie "Rez Ball" has urged a California federal court to deny the defendant's bid to file an early summary judgment motion, saying comprehensive discovery is needed first.
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March 14, 2025
Gov't Tells Justices FCC Subsidy Critics Target 'Strawman'
Opponents of the Federal Communications Commission's nearly 30-year-old telecom subsidy system are making "strawman" arguments by claiming taxing power has been unlawfully delegated away from Congress, the government told the U.S. Supreme Court.
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March 14, 2025
Calif. Tribe Looks To Defend Casino Land Trust Decision
A California tribe at the crux of an Interior Department decision to take 221 acres of trust land for the construction of its casino development wants to intervene in a challenge to the order, saying it and the federal agency have different goals in dismissing the dispute.
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March 14, 2025
Green Groups Sue Fed. Agencies Over Frozen Funding
Environmental groups sued five federal government agencies and their leaders, alleging they illegally froze congressionally approved funding and are hampering the organizations' work.
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March 14, 2025
6th Circ. Rejects Tribe's Appeal Of Great Lakes Fishing Pact
A Sixth Circuit panel upheld a 2023 decree governing fishery management in the Great Lakes on Thursday, finding that a Michigan federal judge had the prerogative to enter the decree over the objections of a Native American tribe.
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March 13, 2025
Students' Regalia Rights Bill Heads To New Mexico Governor
A bill aimed at protecting the rights of Native American students to wear tribal regalia at graduation ceremonies in New Mexico is heading toward the governor's desk for approval.
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March 13, 2025
Seminole Say Minn. Order Backs Bid To Nix Gaming Ad Suit
The Seminole Tribe of Florida says a recent federal court order that dismissed a Minnesota casino and horse racetrack operator's claims that tribal entities' Class III gaming operations are illegal supports its bid to nix a proposed class action over allegedly misleading advertisements by its Hard Rock Digital gaming vendor.
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March 13, 2025
Ore. Tribes Challenge Utility's Eminent Domain Bid
An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.
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March 13, 2025
Judge Orders Reinstatement Of Many Fired Federal Workers
A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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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.