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Native American
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November 26, 2024
EPA Overstepped With Methane Control Rule, DC Circ. Told
The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.
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November 26, 2024
Navajo Nation's Diné College Awarded 2nd Medical Patent
The School of STEM at Diné College has secured a second patent for a device designed to measure and record various electric signals from the body's organs for diagnostic purposes, making it the only tribal college or university in the nation to receive such patents.
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November 26, 2024
Va. Rep. Sponsors Bill To Recognize Nottoway Tribe
A Democratic congresswoman has introduced a bill that would give federal recognition to the Nottoway Indian Tribe of Virginia, which she said is "long-overdue."
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November 25, 2024
Native Corp. Faces Default In $3.4M Stock Scam Suit
A Native American microcap company has until Dec. 6 to tell a federal district court judge why it shouldn't face a default judgment in a $3.4 million stock scam lawsuit after the Securities and Exchange Commission said its chief executive officer's "willful disobedience" warrants such a ruling.
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November 25, 2024
Cruz Calls Digital Equity Program Rules 'Unlawful'
Sen. Ted Cruz, R-Texas, is criticizing the U.S. Commerce Department's grant program created to encourage broadband use among minorities, saying it unlawfully discriminates based on race in distributing broadband funds.
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November 25, 2024
Swinomish Tribe Wants In On Tidegate Opinion Fight
The Swinomish Indian Tribal Community has asked a Washington federal judge to let it intervene in a lawsuit by a county dike district against a U.S. government biological opinion that finds that a proposed tidegate project endangers salmon.
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November 25, 2024
Construction Co. Seeks Coverage For $1.9M Email Spoof
A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."
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November 25, 2024
Judge Vacates Minnesota Mediation Order In Land Dispute
A federal district court judge on Monday vacated a mediation order in a dispute over more than 3,000 acres of land taken into trust for a Minnesota tribe after parties involved in the litigation said any settlement would require compromise on their legal positions or a voluntary remand.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Judge Trims Ariz. Reservation Shooting Lawsuit, For Now
A federal district court judge dismissed a majority of claims in a wrongful death lawsuit lodged by the family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents, but left room for an amended complaint once a proper representative of his estate is appointed.
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November 22, 2024
Feds Slam Utah High Court Case Over Fed. Land Ownership
The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.
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November 22, 2024
Washington Tribe Says City Can't Block Emergency Shelter
A Washington tribe is asking a federal district court judge to block the city of Toppenish from preventing it from opening a 24-hour emergency cold weather shelter, arguing that the attempt violates its inherent sovereign authority and treaty-reserved rights to govern its lands and people.
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November 22, 2024
Navajo Co. Dismisses Case Alleging Paralegal Took Docs
A natural resources company owned by the Navajo Nation has dismissed a lawsuit against a paralegal it accused of failing to turn in her computer for removal of its privileged documents, after the paralegal said she had already arranged to surrender her device before the lawsuit was even filed.
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November 21, 2024
Cherokee Look To Block Voter Group In Casino Mandate Row
Two Cherokee Nation businesses suing Arkansas over a constitutional amendment revoking one of the tribal entities' casino gambling licenses want a federal judge to deny a bid to intervene in their suit by the group responsible for placing a ballot question before voters that repealed the license.
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November 21, 2024
FERC Heeds States' Worries With Grid Planning Policy Rewrite
The Federal Energy Regulatory Commission on Thursday approved changes to its sweeping revision of its regional transmission planning policies, and a heftier role for states in the planning process was enough to assuage the concerns of a commissioner who dissented from the original rule.
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November 21, 2024
DC Circ. Judges Disagree On Standing In Drilling Permit Suit
The judges of the D.C. Circuit stepped on each other's toes Thursday during oral arguments over a challenge to the approvals of thousands of drilling permits in New Mexico and Wyoming, appearing to be at odds over whether the environmental groups' stance on standing had legs.
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November 21, 2024
Oklahoma Tribe Asks DC Circ. To Revive Creek Land Lawsuit
An Oklahoma tribe is asking the D.C. Court of Appeals to revive its challenge to a U.S. Department of the Interior decision that rejected the tribe's proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee Creek Nation, arguing federally recognized Indigenous nations should stand on equal footing.
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November 21, 2024
Ariz. AG Offers $6M To Aid Victims Of Sober Living Scam
Arizona Attorney General Kris Mayes says the state is offering $6 million in grant funding to tribal nations impacted by a sober home living scam that's estimated to have racked up an estimated $2 billion in fraudulent billing and potentially victimized thousands of Native Americans.
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November 21, 2024
EPA Floats New Draft Framework On Cumulative Impacts
The U.S. Environmental Protection Agency on Thursday further fleshed out exactly what it means when it tells its employees to consider the "cumulative impacts" of pollution on particular communities.
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November 21, 2024
California Tribe Looks To Increase Trinity River Water Flows
The Yurok Tribe slapped the Bureau of Reclamation with a complaint in California federal court, alleging its operation of the Trinity River Division provides only minimum flows to the Trinity River in the winter and early spring, modifying and harming salmon habitat and population.
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November 21, 2024
Feds Outline Next Steps For Colo. River Basin Agreement
The U.S. Department of the Interior released five proposed alternatives for the Colorado River's post-2026 operations aimed at ensuring the long-term stability of the drought-stricken Colorado River Basin for the communities and habitats that rely on it.
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November 21, 2024
House Dems Tell Gorsuch To Recuse Over NEPA Case Conflict
A group of House Democrats has called for U.S. Supreme Court Justice Neil Gorsuch to recuse himself from a dispute over federal environmental review requirements, arguing the court's decision could directly benefit a Colorado billionaire and former client who campaigned for the justice's first judicial appointment.
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November 20, 2024
Election Exit Poll On Native Voting Likely Wrong, Groups Say
An exit poll of Native American voters in this year's presidential election is likely an inaccurate representation of Indigenous communities and perspectives, two nonprofit organizations say, with one group calling for more accurate reporting on issues affecting Indian Country.
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November 20, 2024
Arizona Governor Settles Tribal Water Rights Claims
Two agreements signed by Arizona Gov. Katie Hobbs settled four tribal nations' water rights claims and will help to provide safe drinking water to thousands of Native Americans on reservation lands that depend on the Colorado River Basin System.
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November 20, 2024
Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use
The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.
Expert Analysis
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.