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Native American
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January 29, 2024
Green Groups Oppose Extension Of Mont. Coal Mine Analysis
Conservation groups are fighting the U.S. government's bid for more time to correct a faulty environmental analysis of a coal strip mine expansion near the city of Colstrip, Montana, arguing that a federal court already said it would halt mining if changes weren't made within 19 months.
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January 29, 2024
No Need To Stop Salmon Fishing To Help Orcas, 9th Circ. Told
Alaska, the U.S. government and a fishing trade group are all urging the Ninth Circuit to reverse a lower court ruling vacating an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, arguing the district court inflated questionable benefits to prey availability for endangered killer whales and failed to consider harms to Alaska communities.
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January 29, 2024
Justices Set March Arguments In Tribal Healthcare Dispute
The U.S. Supreme Court will hear arguments in March on two federal government petitions seeking to overturn orders that have the potential to cost $2 billion a year to support Native American tribes that provide insurer-funded services to their members.
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January 29, 2024
ND Assembly Can't Intervene In VRA Appeal, 8th Circ. Says
The North Dakota Legislative Assembly can't intervene in an appeal by Secretary of State Micheal Howe seeking to overturn a lower court's ruling that found the government body's redrawing of districts violated Section 2 of the Voting Rights Act, the Eighth Circuit said.
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January 26, 2024
Museums Cover Native Exhibits In Renewed Repatriation Push
Museums and other institutions throughout the country are covering exhibits that display Indigenous artifacts as updates to a federal law governing the repatriation of remains and culturally affiliated objects has gone into effect.
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January 26, 2024
Biden Stokes LNG Uncertainty With Export Review Pause
The Biden administration's pause of its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S. will delay several projects and have potential customers question whether their supply agreements can ultimately be honored.
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January 26, 2024
Oglala Sioux File Suit For More Law Enforcement Funding
The Oglala Sioux Tribe has accused the U.S. government of failing to help it hire enough law enforcement officers on the Pine Ridge Indian Reservation, saying in a South Dakota federal lawsuit that the U.S. Department of the Interior must adhere to its treaty and trust responsibilities.
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January 26, 2024
Judge OKs Consent Decree In Nebraska Tribe's VRA Dispute
A federal judge will allow a consent decree that will resolve Voting Rights Act violation claims brought by two Native American tribes against Thurston County, Nebraska, officials to go forward, saying the settlement reasonably resolves difficult voting rights issues in a manner that is fair to all parties.
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January 26, 2024
Feds Lodge Decree, CWA Claims Against Idaho Sawmill
A PotlatchDeltic Corp. unit will pay $225,000 to resolve a dozen Clean Water Act claims stemming from permit violations at an Idaho sawmill and lumberyard, involving discharges of stormwater pollutants into designated bull trout habitat and waters of the Coeur d'Alene Tribe, according to a federal complaint and proposed consent decree.
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January 26, 2024
Enviro Org., Feds Seek Wins In Mid-Atlantic Fishery Reg Fight
The Natural Resources Defense Council and U.S. government are squaring off over summer flounder, black sea bass and scup fishing regulations for mid-Atlantic states, with the former telling a D.C. federal judge they unlawfully allow overfishing while the latter claims they are appropriate changes to address recreational fishing management challenges.
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February 08, 2024
Law360 Seeks Members For Its 2024 Editorial Boards
Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.
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January 26, 2024
Don't Tax Broadband Deployment Money, Telecom Groups Say
A group of telecommunications trade associations are asking Congress to grant their members tax breaks for broadband deployment costs, saying that without the proposed legislation, money intended to help bring broadband to currently out-of-reach households would return to the government in tax payments.
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January 26, 2024
Biden Admin Pauses LNG Reviews Over Climate Concerns
The Biden administration on Friday said it would pause its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., and revise its export policy to greater account for LNG's impacts on climate change and energy prices.
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January 25, 2024
Opioid Nuisance Query Better For W.Va. Court, 4th Circ. Hints
A Fourth Circuit panel asked repeatedly Thursday why no one had sought help from West Virginia's high court in a bellwether legal clash over whether anti-nuisance laws can be used to target the drug companies that supplied pharmacies amid the opioid crisis.
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January 25, 2024
Seattle Settles BLM Protesters' Police Brutality Suit For $10M
The city of Seattle has agreed to a $10 million settlement to end a lawsuit brought by more than 50 protesters who say they were brutalized by its police force during Black Lives Matter demonstrations in the summer of 2020.
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January 25, 2024
ACLU Says Native American Inmate Denied Religious Rights
The ACLU of Rhode Island is asking a federal district court for an order that will allow a Native American inmate to wear an Apache headband as part of his religious beliefs, arguing in a lawsuit that the state's Department of Corrections' refusal of the requests violates his rights under federal law designed to protect the religious freedom of incarcerated individuals.
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January 25, 2024
States, Industry Back Feds' Land Swap Fight At 9th Circ.
The states of Idaho and Utah, the U.S. Chamber of Commerce and the National Mining Association have joined the federal government in urging the Ninth Circuit to overturn a lower court ruling in favor of the Shoshone-Bannock Tribes' challenge to a land transfer intended for the expansion of a fertilizer plant.
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January 25, 2024
Alaskan Guide Co. To Pay $900K For Fire On Native Lands
An Alaskan fishing guide service will pay $900,000 to resolve claims brought by the U.S. Department of the Interior accusing one of its guides of lighting an illegal campfire that ultimately burned through 176 acres of Native and federal public lands, according to the U.S. Department of Justice.
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January 25, 2024
Calif. Judge Says States' Trump Water Rule Challenge Is Moot
A California federal judge dismissed Democrat-led states' challenge to a Trump-era Clean Water Act rule the Biden administration has since replaced, saying because there is no present controversy, the case is moot.
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January 25, 2024
Judge Won't Revisit Stay Issued In Gila River Water Fight
An Arizona federal judge said the U.S. government, San Carlos Apache Tribe and Gila Indian River Community failed to convince him to reverse a decision to deny their summary judgment motions and hit pause on a suit over Gila River water usage.
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January 24, 2024
J&J Agrees To $150M Deal Ending Wash. Opioid Litigation
Johnson & Johnson will pay almost $150 million to end Washington's lawsuit accusing it of pushing opioid painkillers and understating the risk of addiction, according to a settlement filed in state court on Wednesday, adding to the tally of states that have gotten a payout from the pharmaceutical giant for its alleged role in the opioid epidemic.
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January 24, 2024
Bid To Swap Chevron For An Old Standby Raises Doubts
Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.
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January 24, 2024
Enviro, Tribal Orgs. Claim Calif. Botched Delta Tunnel Reviews
Conservation groups are taking aim at the California Department of Water Resources' review and approval of the Delta Conveyance Project, claiming it glossed over harms that would stem from an estimated $16 billion push to augment the State Water Project with a 45-mile water diversion tunnel under the Sacramento-San Joaquin Delta.
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January 24, 2024
La. Wins Injunction Against EPA On Disparate Impact Rules
A Louisiana federal judge will allow the state to temporarily block the U.S. Environmental Protection Agency from imposing certain environmental justice requirements on permitting and grant decisions, finding the state is likely to prevail in its challenge.
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January 24, 2024
Mohawk Council Wants To Withdraw From 1796 Land Dispute
The Mohawk Nation Council of Chiefs says a recent decision to withdraw from a land settlement agreement with the state of New York over a decadeslong lawsuit involving more than 2,000 acres of illegally purchased land was not easy but was made in the interest of protecting the territorial integrity of the Mohawk Nation.
Expert Analysis
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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3 Pricing Trends In Law Firm Use Of Litigation Funding
As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
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Why The EPA Has Made Little Progress On EJ Litigation
Although the U.S. Environmental Protection Agency has taken numerous steps to promote environmental justice goals, recent court cases show little progress in achieving those goals through judicial enforcement — and the lack of such cases may not be the agency's fault, says Jeffrey Corey at Parsons Behle.
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Pending High Court ICWA Decision Holds Broad Implications
Oral argument in Brackeen v. Haaland — a child welfare case currently before the U.S. Supreme Court — has called attention to complex interplay between the case and other tribal and racial issues, indicating that consequences will affect Congress' ability to fulfill its trust obligations to tribes, as well as diversity programs that include Native Americans, say attorneys at Jenner & Block.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
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Opinion
Litigation Funders Seek Transparency In Disclosure Debate
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
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5 Principles For Better Professional Development Programs
The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
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Series
My Favorite Law Prof: How I Learned To Practice With Passion
First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
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Questions To Ask Before Making A Lateral Move As Partner
Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.