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Native American
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June 06, 2025
Feds Want Comments On Altering ESA Conservation Rule
The U.S. Fish and Wildlife Service on Friday said it's considering altering a Biden-era rule intended to increase participation in voluntary conservation programs, and asked the public for input.
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June 06, 2025
NY Tribe Urges Supreme Court To Overturn Eel Fishing Ruling
A Long Island tribe is asking the U.S. Supreme Court to undo a Second Circuit ruling that rejected its challenge to New York's regulations on eel fishing harvests, arguing that if the decision is held, it would set a precedent allowing district courts to give up their gatekeeping roles on expert testimony.
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June 06, 2025
DOGE Can Access Social Security Data For Now, Justices Say
The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.
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June 06, 2025
New York Says It Won't Rescind Native American Mascot Ban
The New York State Education Department said it won't rescind a ban on the use of Indigenous mascots and names in public schools despite a threat from the Trump administration to pull its federal funding, telling the U.S. Department of Education instead that it's willing to broaden the regulation's reach.
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June 06, 2025
4th Circ. Stays Ruling Restoring Frozen Federal Grant Funding
A split Fourth Circuit panel has blocked a South Carolina federal judge's order directing the federal government to restore 32 congressionally funded grants that were frozen by the Trump administration, while casting doubt on nonprofits' and cities' legal challenge.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
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June 05, 2025
States, Attys, Groups Push 8th Circ. For ND Tribes' Voting Rights
Nineteen states, 16 former federal attorneys and a slew of civil rights groups are backing two North Dakota tribes in their efforts for an Eighth Circuit rehearing, arguing the appellate court's semantic shift regarding voting rights presents important questions that merit its full consideration.
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June 05, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in May on issues such as making room for 5G's use of the airwaves, licensing tribal spectrum, broadband mapping, the 12.7 gigahertz band, FCC satellite rules and more.
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June 05, 2025
Maryland Judge Halts 'Mass Closure' Of AmeriCorps Programs
A Maryland federal judge on Thursday temporarily enjoined the Trump administration's "mass closure" of AmeriCorps programs in two dozen states and ordered more than 750 national service members be restored, but declined to vacate the firing of AmeriCorps' paid staff.
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June 05, 2025
Feds Invest Millions To Revitalize Former Coal Mine Sites
The U.S. Department of the Interior is doling out $130 million to help states and tribes redevelop former coal mine sites.
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June 05, 2025
Judge Wants Details On Harm From Trump Wind Farm Pause
A Massachusetts federal judge Thursday asked a coalition of states and a clean-energy advocacy group for more specifics about the harm they allegedly will be caused by the Trump administration's decision to pause wind farm permitting, and said he wanted to move forward with a trial "promptly."
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June 05, 2025
Calif. Assembly OKs Exemption For Returned Tribal Land
California land that is transferred to a federally recognized Native American tribe would be exempt from state real estate transfer tax under a bill passed in the state Assembly.
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June 04, 2025
NC Governor Launches Council To Advise On Cannabis Policy
North Carolina Gov. Josh Stein on Wednesday announced the creation of a state advisory council on cannabis to develop a comprehensive policy with respect to the regulation of hemp and marijuana.
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June 04, 2025
Trump Ordered To Explain Why Layoffs Don't Flout Injunction
A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.
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June 04, 2025
Idaho Mining Co. Hit With Suit Over Dump Site Contamination
The U.S., Idaho and Native American tribes have hit Nu-West Industries Inc. with a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit, alleging that hazardous substances from phosphate mining are being generated and disposed of at a dump site owned by the company within the Caribou-Targhee National Forest.
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June 04, 2025
Donlin Gold Says Vacatur Not Warranted In Alaska Mine Case
A recent U.S. Supreme Court decision confirms that government approvals for a large gold mine in Alaska should not be thrown out even if an agency botched some aspects of an environmental review, the company behind the project told a federal judge.
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June 03, 2025
9th Circ. Skeptical Tribe Can Circumvent DOI For Recognition
A Ninth Circuit panel appeared skeptical Tuesday of the Chinook Indian Nation's bid to revive its suit seeking a declaration that it's a federally recognized tribe, with all three judges doubting whether federal courts can make a determination usually made by the U.S. Department of the Interior.
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June 03, 2025
Profs Back Shinnecock Tribe In Long Island Fishing Rights Suit
A group of law and history professors have backed the Shinnecock Indian Nation in three tribal members' lawsuit claiming New York state and Suffolk County wrongly engaged in a pattern of criminal prosecutions against them for fishing in waters where they have aboriginal rights to fish.
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June 03, 2025
Wis. Village Wants Reversal Of Land Transfers To Tribal Trust
Hobart, Wisconsin, has asked a federal judge to undo a move by the U.S. Department of the Interior to place properties into a trust for the Oneida Nation, arguing that the transfers were made despite the village's claims of a biased administrative process.
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June 03, 2025
Accord Urges Justices To Reject 'Crush-Resistant' Oxy IP Row
Accord Healthcare Inc. says the U.S. Supreme Court should reject bankrupt OxyContin maker Purdue Pharma LP's attempt to revive its legal effort to use patent laws to block the release of a competing, "crush-resistant" generic painkiller.
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June 03, 2025
Fed. Bill Pushes For Streamlined Access To Tribal Disaster Aid
A trio of Washington state federal lawmakers has reintroduced a bill in the U.S. House of Representatives that would fast-track the process for tribal nations to apply for resources to manage the impact of extreme weather and natural disasters, and address their environmental resiliency and relocation goals.
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June 03, 2025
US Withdraws From El Paso Tribal Land Ownership Dispute
The U.S. says it no longer wants to intervene in a dispute between the Ysleta del Sur Pueblo and the city of El Paso, Texas, over 155 acres of land, a shift in position from the prior administration that argued it never authorized non-Native Americans to usurp the tribe's property.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Montana Tribal Tariff Dispute Will Stay In US Trade Court
A Montana federal judge won't reconsider an order to transfer a challenge to President Donald Trump's Canada tariff orders by members of the Blackfeet Nation to the U.S. Court of International Trade, saying the CIT has historical jurisdiction over claims by tribal members on import and duty-related actions.
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June 02, 2025
DOI Looks To Void Biden Era Rule On Alaska Arctic Drilling
The U.S. Department of the Interior said Monday it wants to rescind a 2024 Biden administration rule limiting fossil fuel production in the National Petroleum Reserve in Alaska, saying the regulation hinders energy development in a 23-million-acre area on the state's North Slope.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.