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Native American
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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.
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February 04, 2025
Cherokee Nation, Group Spar Over Ark. Casino License Docs
A federal district court is set to determine if the officers of a ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business' casino license and the public affairs firm must hand over documentation in the dispute.
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February 04, 2025
US, Osage Nation Fight Bid To Stay $4.2M Wind Farm Order
The U.S. government is fighting a bid by Enel Green Power North America to stay a $4.2 million judgment and permanent injunction that requires it to remove 84 wind turbines from the Osage Nation's reservation, arguing that the company is unlikely to prevail in a Tenth Circuit appeal.
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February 03, 2025
Ruling Boosts Claims In Ill. Tribal Casino Row, 7th Circ. Told
A proposed tribal casino in the Illinois city of Waukegan has told the Seventh Circuit that a recent Illinois Supreme Court ruling in a related case shows the city is responsible for a constitutional injury against the casino as it presses a case claiming intentional discrimination.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
Don't Give Tribes 'Veto Power' In Alaska Deployment, FCC Told
A group of Alaska rural carriers told the Federal Communications Commission on Monday it should not give Native American tribes "veto power" over federally funded broadband deployment projects, which they described as a "DEI approach" from the Biden era.
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February 03, 2025
Trump Must Not Undercut Sovereignty In Orders, Tribes Say
A coalition of tribal organizations is calling on the Trump administration to ensure that recent executive orders don't undermine the sovereign political status of Indigenous nations with which the federal government has trust and treaty obligations or disrupt essential funding that flows from that relationship.
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February 03, 2025
Relief In Tribal Casino Fight Would Be Uncommon, Court Told
An Oregon tribe at the center of a dispute over the federal government's decision to approve a land-into-trust application for the state's first off-reservation casino says any attempt to void the process is moot, telling a federal court that an unfavorable ruling in the case would be unprecedented.
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
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January 31, 2025
Amid Suits, Wis. Tribe Tickets For Use Of Contested Roads
A Wisconsin tribe embroiled in an ongoing dispute with the town of Lac du Flambeau over four tribal roads said they will ticket anyone who trespasses on them following a federal court ruling that said it couldn't restrict access to non-Native American homeowners.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
New EPA Leader's First Days Bring Heat From Senators, Staff
The U.S. Environmental Protection Agency's new chief is facing stiff tests from Democratic senators demanding answers about whether money Congress appropriated for grants has been inappropriately frozen and from workers speaking out about deteriorating morale.
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January 31, 2025
DOI Wins Remand Request In Wash. Tribe's Recognition Bid
A Washington federal judge has granted the U.S. Department of the Interior's voluntary motion to remand the Duwamish Tribe's federal recognition case so the DOI can review the tribe's petition under more recent guidelines, ruling that sending the matter back to the department may result in a new outcome.
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January 31, 2025
Tribes Back Bid At 4th Circ. To Undo Army Burial Order
Two South Dakota tribes that successfully repatriated the remains of their children from a U.S. Army Indian boarding school cemetery in Pennsylvania told the Fourth Circuit that it's problematic that a lower court ruled that a law designed to protect Native American graves doesn't apply to the site.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Another Oklahoma Judge To Take Senior Status
Judge Gregory Frizzell of the Northern District of Oklahoma has informed the president he will take senior status in March, making him the second judge from the state to make such an announcement in recent days.
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January 30, 2025
Former North Dakota Gov. Confirmed As Interior Secretary
The U.S. Senate on Thursday voted 79-18 to confirm President Donald Trump's selection for secretary of the U.S. Department of the Interior, former North Dakota Gov. Doug Burgum, who's vowed to advocate for expanded fossil fuel production.
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January 30, 2025
FERC Says Pacific NW Pipeline Approval Was By The Book
The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.
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January 30, 2025
Senate Bill Requiring AM Radio In Cars Is Back Again
Almost half the Senate has signed on to co-sponsor a bill that would block automakers from removing AM radios from the cars they produce, with the reintroduced AM Radio for Every Vehicle Act already set for a committee hearing early next month.
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January 30, 2025
Tribe's Alaskan Burial Site Dispute Paused During Talks
An Alaska federal court has agreed to pause a tribe's suit against state entities and the Federal Aviation Administration over excavations of archaeological artifacts and ancestral remains found during construction of an airport runway as the parties talk about resolving the dispute without further litigation.
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January 30, 2025
EPA Says Okla. Must Give Tribes Say In Enviro Policies
Oklahoma must work with its tribal nations in administering dozens of environmental polices, the U.S. Environmental Protection Agency has said in a decision modifying a previous order that allowed the Sooner State full regulatory authority over the majority of Indian Country.
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January 30, 2025
Muscogee Nation Sues Oklahoma DAs In Sovereignty Dispute
The Muscogee (Creek) Nation has filed a pair of lawsuits against Oklahoma District Attorneys Carol Iski and Matthew Ballard, accusing them of illegally prosecuting Native Americans for conduct committed on tribal lands despite the Supreme Court's 2020 McGirt ruling, days after the Cherokee, Chickasaw and Choctaw nations moved to intervene in similar U.S. government complaints.
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January 29, 2025
8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal
The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.
Expert Analysis
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Takeaways From High Court's Tribal Health Admin Cost Ruling
The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.