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Native American
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March 28, 2025
US Can Weigh In On Osage Reservation Boundary Dispute
An Oklahoma federal judge will allow the United States to weigh in on a dispute between the Osage Nation and the state's tax commission over the tribe's reservation boundaries after the federal government said a U.S. Supreme Court ruling at the crux of the litigation is of interest to the government.
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March 27, 2025
Lawmakers Reintroduce Bill For Georgia's First National Park
Four U.S. lawmakers from Georgia have reintroduced a federal act that would establish the Ocmulgee Mounds and surrounding areas as the state's first national park, saying the bipartisan bill's introduction follows years of lobbying by the Muscogee (Creek) Nation.
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March 27, 2025
California Tribe Wants In On 70-Acre Casino Project Challenge
A California tribe at the center of a challenge to an Interior Department decision to take 70 acres into trust for the construction of its hotel and casino project is asking a federal court to intervene in the dispute, arguing the plaintiff's anticompetitive behavior will impede its goal of self-governance.
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March 27, 2025
Western Leaders Oppose Cuts To Public Land Protections
More than 300 local Western leaders have urged the Trump administration and Congress to reject the sale of public lands in the latest budget resolution package passed by the U.S. House, saying they must oppose attempts to reduce the size of national monuments.
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March 27, 2025
Minn. Pot Regulators Submit Proposed Rules For Retail Sale
The Minnesota Office of Cannabis Management, or OCM, has submitted draft rules for the retail sale of adult-use cannabis products to an administrative law judge for final approval.
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March 27, 2025
NY School District Urges Court To Halt Native Mascot Ban
A school district in Massapequa has asked a New York federal court to delay a ban on the use of Native American images, names and symbols in its public schools, saying it will be forced to redirect significant funds away from educational programs.
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Supreme Court Skeptical Of Nixing FCC Subsidy Fund
Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
DOI Lacked Authority To Cancel Arctic Leases, Judge Says
The U.S. Department of the Interior lacked authority to cancel seven oil and gas leases issued to the Alaska Industrial Development and Export Authority in the Arctic National Wildlife Refuge, a federal judge has ruled, saying the federal agency was required to get a court order before doing so.
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March 26, 2025
Trump Pardons Ex-Hunter Biden Biz Pal For Tribal Bond Fraud
President Donald Trump pardoned a former business partner of Hunter Biden who was convicted of helping to execute a $60 million bond scam against a South Dakota tribal corporation, saying he believes the former venture capital and private equity fund investor was treated unfairly.
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March 26, 2025
Trump Pick To Lead EPA Attys Grilled In Senate On Experience
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's legal division came under intense scrutiny Wednesday as Senate Democrats questioned his legal experience and his relationship with a senior member of Trump's personnel team.
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March 26, 2025
Big Oil Cos. Must Face Tribal Climate Suits In State Court
A pair of lawsuits by Washington tribes alleging Exxon Mobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 deceived consumers about the climate impacts of burning fossil fuels belong in state court, a federal judge said Wednesday, handing the tribes a win in their venue dispute with the Big Oil companies.
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March 26, 2025
State AGs, Bars Urge Attys To Speak Up Over Trump Orders
In a pair of letters released on Wednesday, dozens of bar associations and over 20 state attorneys general urged lawyers to speak out against perceived threats to the rule of law in response to President Donald Trump's recent executive orders against prominent law firms and his call for the impeachment of a federal judge.
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March 25, 2025
Utah Tribe 'Doubled-Down' In Bidding Scheme Row, Court Told
Utah Gov. Spencer Cox and other state officials are asking a federal court to dismiss a challenge by the Ute Indian Tribe that accuses them of a racist bidding scheme to prevent a land purchase just outside its reservation, arguing that its claims are precluded by federal law.
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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March 25, 2025
Calif. Lawmaker Floats NY-Like Internet Pricing Cap
A California Democrat hopes to pass legislation through the state Assembly to put a pricing cap on internet service plans for low-income households in the same way as a New York law that has survived legal challenges.
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March 25, 2025
NM To Approve Turquoise Alerts For Missing Indigenous
New Mexico Gov. Michelle Lujan Grisham is expected to sign into law a bill that will create a new Turquoise Alert System for missing Native Americans that will allow law enforcement to quickly share information through various communications channels.
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March 24, 2025
Michigan Tribes Exit Line 5 Talks, Citing 'Energy Emergency'
Six Michigan tribes are withdrawing as cooperating agencies in the U.S. Army Corps of Engineers' environmental evaluation of Enbridge Energy's permit application for its Line 5 oil project tunnel in the Straits of Mackinac after they said a Trump administration executive order will likely fast-track its approval.
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March 24, 2025
Ore. Tribe Backs Hydro Utility's Eminent Domain Bid At Falls
The Confederated Tribes of Siletz Indians has asked an Oregon federal judge to approve a utility company's attempt to condemn five acres of public land for the operation of a hydroelectric project, saying another tribe believes wrongly that condemnation would eliminate its fishing platform.
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March 24, 2025
Groups Press DC Judge To Unfreeze EPA Climate Funds
Three nonprofits awarded billions of dollars under climate change investment initiatives established under the Inflation Reduction Act have asked a federal judge to restore their access to grant funds that they claim the Trump administration has unlawfully blocked.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
Justices Close Door On Kids' Climate Case
The U.S. Supreme Court on Monday declined to revive a lawsuit from youths alleging that current federal energy policies harm their future by exacerbating climate change.
Expert Analysis
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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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.