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Native American
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
NY School District Asks Feds To Intervene In Mascot Dispute
A school district in New York, which is suing the state over a new rule forcing it to change its "Chiefs" mascot, has requested that the federal government immediately intervene in the case due to impending deadlines, saying the ban threatens to erase its history and traditions.
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May 05, 2025
DC Circ. Judge Doubts Fla. Plan To Permit Clean Water
At least one D.C. Circuit judge came to the table Monday morning extremely skeptical about the government's argument to restore the U.S. Environmental Protection Agency's approval of Florida's plan to assume control of a Clean Water Act permitting program, and she wasn't pulling any punches.
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May 05, 2025
Gaming Operator Can't Undo Minn. Immunity Order, Court Told
Minnesota tribal casinos executives are urging a federal court to deny a motion by a commercial casino and horse racetrack operator to revisit an order dismissing its Class III lawsuit on sovereign immunity grounds, saying "the bitter competitor" ignores settled law to try and cure its "incurably defective action."
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May 05, 2025
Feds Say Calif. Tribe's Challenge To Cig Ruling Is 'Fruitless'
The federal government is urging a California federal court not to pause a ruling affirming the Bureau of Alcohol, Tobacco, Firearms and Explosives' decision to place a native tribe on a noncompliance list over cigarette sales, saying the tribe shouldn't be able to upend the status quo as it pursues a "fruitless" appeal to the Ninth Circuit.
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May 05, 2025
California Sues Feds Over Koi Nation Land Trust Approval
California Gov. Gavin Newsom is asking a federal court to vacate a Department of the Interior decision to take 70 acres into trust for the construction of a proposed hotel and casino by the Koi Nation, arguing that without reversal, the state may forfeit any regulatory control over gaming on the site.
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May 05, 2025
Minn. Tribe Looks To Weigh In On 3,000-Acre Land Trust Row
The Mille Lacs Band of Ojibwe has asked a Minnesota federal judge to let it file a friend of the court brief in a county's case claiming the U.S. government wrongly accepted more than 3,000 acres of land into trust for the tribe.
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May 05, 2025
Purdue Tells Justices 'Rigid' Fed. Circ. Rule Threatens Patents
Bankrupt OxyContin-maker Purdue Pharma LP wants the U.S. Supreme Court to revive its legal effort to use patent laws to block the release of a competing "crush-resistant" generic painkiller, challenging a Federal Circuit decision that Purdue calls too "rigid."
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
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May 02, 2025
9th Circ. Says USFS Must Reassess Wash. Forest Fire Plan
A Ninth Circuit panel partly sided with a conservation group Friday in a challenge of a federal forest restoration project, finding the U.S. Forest Service should've considered the potential impacts of a nearby project that took shape after a 2021 wildfire before approving the proposal.
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
DOGE Takes Social Security Data Access Fight To High Court
The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.
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May 02, 2025
Real Estate Recap: Budget Cuts, Student Housing, Old Malls
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.
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May 02, 2025
Trump Proposes Billions In Cuts To EPA State Grant Programs
The U.S. Environmental Protection Agency would lose more than half of its funding compared with 2025 under the 2026 budget request released Friday by the Trump administration, with proposed cuts to drinking water infrastructure grants for states amounting to $2.4 billion.
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May 02, 2025
Groups Seek Order Halting Trump's Restructuring Of Gov't
A California district court must stop federal agencies from moving ahead with President Donald Trump's directive to reorganize and terminate government workers, unions and other groups argued, calling for a temporary restraining order based on alleged harms from the administration's "radical restructuring."
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May 02, 2025
Miner, Recreationists Look To Dissolve Chuckwalla Monument
A miner and an advocacy group have asked a Michigan federal court to revoke the protected status of the Chuckwalla National Monument in a suit that takes aim at presidential power to protect vast areas of federal land.
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May 02, 2025
Virginia Accuses Tribe Of Medicaid Billing Fraud
Virginia is fighting a bid by the Nansemond Indian Tribe for an order that would require it to continue processing the tribe's unpaid Medicaid reimbursement claims, telling a federal court that it instead suspended payments and its Medicaid fraud unit is investigating the tribal healthcare entity.
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May 01, 2025
'Fingers Crossed' At FCC As Court's Subsidy Ruling Closes In
There's plenty of hand-wringing at the Federal Communications Commission as a U.S. Supreme Court decision draws near over the legality of the revenue-raising scheme used to pay for more than $9 billion in broadband and phone service subsidies.
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May 01, 2025
NY School District Appeals Mascot Ban While Feds Investigate
A Long Island, New York, school district is appealing a decision that denied its bid to block a ban on the use of Indigenous mascots and names in public schools, while the federal government investigates the state's education department and board of regents alleging Civil Rights Act violations.
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May 01, 2025
States, Green Groups Look To Vacate NEPA Ruling
States that had asked the Eighth Circuit to revive vacated National Environmental Policy Act regulations are now abandoning their appeal because the White House has eliminated the standards — but they're still asking that a lower court's decision striking down the regulations be overturned.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Okla. DAs Say Tribes Can't Overrule State Court Opinion
Two Oklahoma district attorneys have urged a federal court to throw out Cherokee, Chickasaw and Choctaw nation lawsuits challenging the district attorneys' attempts to prosecute tribal citizens for crimes committed in Indian Country, arguing that their complaints wrongly seek to overturn a state criminal court opinion.
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May 01, 2025
4th Circ. Skips To Full Review Of DOGE's SSA Access
The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.
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May 01, 2025
9th Circ. Asked To Revisit Ruling On Guam Munitions Suit
A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.
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April 30, 2025
DOI Says Mich. Tribe's $1.5M Atty Fee Request Years Too Late
The U.S. Department of the Interior on Wednesday contested a bid for $1.5 million in fees from the Burt Lake Band of Ottawa and Chippewa Indians in a dispute over the process of being recognized as a federal tribe, telling a District of Columbia federal court that the amount requested was "staggering" and nearly five years too late.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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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.