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Native American
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December 18, 2024
Mont. High Court Cements Right To 'Stable Climate System'
The Montana Supreme Court on Wednesday ruled that the state's constitution guarantees the right to "a stable climate system" and affirmed a lower court's decision to strike down state law provisions that barred the consideration of greenhouse gas emissions in permitting decisions.
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December 17, 2024
Red States Can Back Feds In Dakota Access Pipeline Row
A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline.
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December 17, 2024
Senate GOP Enviro Leader Questions EPA On Grant Funding
The leading Republican on the Senate Environment and Public Works Committee said Tuesday she's worried about the "potential for misuse" of the $30 billion in funding being doled out by the U.S. Environmental Protection Agency.
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December 17, 2024
Alaskan Native Villages Say BEAD Window Can't Open Yet
Two Alaskan Native villages trying to force the clawback of $70 million in broadband funds want a federal court to stop the state broadband office from opening the window for BEAD applications, a request the telecoms involved have called a "brazen attempt" at seeking the same relief a different way.
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December 17, 2024
Revised LNG Export Study Flags Gas Price And Climate Worries
The Biden administration on Tuesday said that unconstrained U.S. exports of liquefied natural gas would increase both domestic energy prices and cumulative greenhouse gas emissions, and retained a pause on export project reviews that President-elect Donald Trump is expected to lift upon taking office.
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December 17, 2024
Ariz. Families Seek Class Cert. Over Sober Home Living Scam
A group of Arizona families is seeking class certification in an effort to hold the state and its healthcare agencies accountable for the so-called sober living crisis, arguing that despite knowing the magnitude of fraud that was occurring, it continued to enable the multibillion-dollar scam.
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December 17, 2024
Tulsa Tribal Jurisdiction Fight Is Paused For Settlement Talks
An Oklahoma federal judge has hit pause on a dispute between the Muscogee (Creek) Nation and the city of Tulsa over jurisdictional rights after the parties asked for time to participate in settlement discussions.
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December 17, 2024
IRS Corrects Proposed Admin Requirements For Direct Pay
The Internal Revenue Service issued a correction Tuesday to proposed regulations laying out administrative requirements for tax-exempt entities to elect out of their partnership status in order to take advantage of new rules enabling direct cash payment of clean energy tax credits.
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December 16, 2024
Feds, Ute Tribe Wrestle Over 19th Century Laws In Land Fight
The federal government and the legal team representing the Ute Indian Tribe clashed over the interpretation of two 19th-century laws during a hearing in Washington, D.C., federal court Monday, as the tribe seeks to restore lands within its Utah reservation to trust status.
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December 16, 2024
DC Circ. Skeptical That EPA Moved Too Early On Particulates
Judges on the D.C. Circuit seemed unlikely to buy arguments from industry groups and a coalition of Republican-led states challenging a February U.S. Environmental Protection Agency rule on particulate matter, grilling an attorney for the challengers on the agency's Clean Air Act authority during oral arguments Monday.
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December 16, 2024
Navajo President Cleared In VP Sexual Harassment Probe
Navajo Nation President Buu Nygren has been cleared of allegations that he sexually harassed the tribe's Vice President Richelle Montoya during an August 2023 encounter, its attorney general announced, saying an outside firm hired to investigate the incident found that her reports don't violate any of the tribe's criminal laws.
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December 16, 2024
Pipeline Co. To Pay $450,000 To Settle ND Pollution Claims
A Texas-based pipeline operator will pay $450,000 to settle Clean Air Act violations on North Dakota's Fort Berthold Indian Reservation after the U.S. Environmental Protection Agency found multiple offenses during a routine inspection last year.
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December 16, 2024
With Legal Battle Looming, Neb. Legalizes Medical Marijuana
Nebraska became the 39th state to legalize medical marijuana after supermajorities of voters approved ballot measures to decriminalize and regulate its sale, but the state Supreme Court has agreed to hear a challenge from state officials that could invalidate it before implementation.
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December 16, 2024
IRS Corrects Regs On Direct Pay Of Partnership Tax Credit
Internal Revenue Service issued a correction Monday to final regulations that make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
9th Circ. Says Feds Can't Sub For Tribe In Wash. Betting Row
The Ninth Circuit refused on Friday to revive a casino company's challenge to Washington state gambling compacts giving Native American tribes exclusive rights in the sports betting industry, concluding the company could not avoid involving an immune tribe in the litigation under a theory that its interests were represented by the federal government.
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December 13, 2024
Balance Of Equities Favors Tribal Emergency Shelter, Court Told
A Washington tribe says it's likely to prevail in a challenge that looks to block the city of Toppenish from enforcing an ordinance on a 24-hour emergency cold weather shelter, arguing that the municipality concedes that the unhoused are likely to face serious injury or death absent court intervention.
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December 13, 2024
Wis. Tribe Challenges Enbridge Pipeline Reroute Permits
The Bad River Band of Lake Superior Chippewa on Thursday sued Wisconsin environmental officials over permits given to Enbridge Inc. to reroute part of its controversial Line 5 pipeline around the tribe's reservation and build a new segment in the area.
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December 13, 2024
Construction Co. Fights Stay In Small Biz Qui Tam Suit
The owners of a construction firm accused in a whistleblower suit of defrauding a program for disadvantaged small businesses objected to a request to delay the suit while the Eleventh Circuit considers the appeal of another suit that resulted in a controversial decision deeming the whistleblower provision of the False Claims Act unconstitutional.
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December 13, 2024
McKinsey To Pay $650M For Work With Opioid Maker Purdue
Consulting giant McKinsey & Co. will pay $650 million to resolve charges related to its work helping Purdue Pharma market and boost sales of OxyContin, federal prosecutors announced Friday.
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December 12, 2024
Ballot Issue Group Can't Nose Into Ark. Casino Measure Suit
The ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business's casino license can't intervene in the tribal entity's challenge that looks to block the law, a federal district court judge said Thursday, arguing that it has not adequately refuted the presumption that the state can defend its rights.
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December 12, 2024
Feds Weigh In On High Court North Dakota Voting Dispute
Two local North Dakota Republican Party officials lack standing to claim racial gerrymandering in a dispute over the state's newly created voting subdistricts, the federal government told the U.S. Supreme Court, arguing there's undisputed evidence to conclude that federal law requires the state to establish the boundaries.
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December 12, 2024
DOI Plan Would Protect NM Land From New Mining Claims
U.S. Secretary of the Interior Deb Haaland on Thursday initiated a two-year segregation period to temporarily withdraw 165,000 acres of public lands in New Mexico from new mining claims and the issuance of new federal mineral leases.
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December 12, 2024
Minnesota Cannabis Authority Nixes Social Equity Lottery
Minnesota's cannabis regulators are scrapping the special license lottery for social equity applicants, opting to go with a general applicant lottery since a state court put a pause on their original plans.
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December 11, 2024
Seminole Tribe Can't Intervene In Gaming Ad Suit, Court Told
A class action party is objecting to the Seminole Tribe of Florida's proposed intervention in the lawsuit, saying the tribe's interests are adequately protected by vendor Seminole Hard Rock Digital, which has already raised the tribe's defenses in successive motions to dismiss.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Series
In Focus At The EEOC: Protecting Vulnerable Workers
It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.