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Native American
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February 18, 2025
County Opposes Wash. Tribe's Bid To Weigh In On River Fight
A county dike district has opposed a Washington state-based tribe's bid to file a friend of the court brief in the district's suit against a U.S. government biological opinion finding that a proposed tide-gate project endangers salmon, arguing that the tribe doesn't provide a unique perspective.
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February 18, 2025
Lawmakers Say FEMA Must Accept Tribal Fire Declarations
A pair of U.S. senators have reintroduced legislation that would require the Federal Emergency Management Agency to accept requests from tribal governments to receive Fire Management Assistant Grant declarations that would make them eligible for U.S. government resources.
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February 18, 2025
Mich. Tribe Seeks $1.5M In Atty Fees In Recognition Fight
The Burt Lake Band of Ottawa and Chippewa Indians has asked a District of Columbia federal court for $1.5 million in attorney fees in a dispute over the process of being recognized as a federal tribe, saying the government should pay up after unreasonable delays in issuing a rule that allows tribes that are denied recognition a chance to reapply.
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February 18, 2025
Okla. Civil Rights Groups Spar Over Race Theory Law Docs
Oklahoma is fighting a bid by civil rights' groups to force public school officials to hand over documents related to a controversial bill that bans the teaching of certain racial and gender topics in public classrooms, arguing the request is premature and the discovery they seek is without limitation.
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February 14, 2025
Feds Seek Stay Of States' Methane Suit, Citing Trump Order
The federal government has requested a pause on North Dakota and other states' challenge to a Bureau of Land Management methane waste rule, saying a stay is appropriate because the rule is under review following President Donald Trump's "Unleashing American Energy" executive order.
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February 14, 2025
Demise Of Humphrey's Executor Could Sow Chaos At FERC
The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.
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February 14, 2025
Murkowski Urges Senate To Shield Tribes From Trump Orders
Republican Sen. Lisa Murkowski of Alaska, chair of the U.S. Senate Committee on Indian Affairs, has urged lawmakers to join her in responding to possible negative effects of President Donald Trump's executive orders on federal funding that Indigenous tribes receive.
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February 14, 2025
9th Circ. Judge Pauses At Forest Service's Project Revision
The U.S. Forest Service pushed back on Friday against a Ninth Circuit judge's point that a restoration project being challenged by a conservation group evolved "quite a bit" after a fire ripped through the area, contending the final plan ultimately prescribed the same changes — just to fewer acres.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts
The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
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February 14, 2025
Minn. Compacts Will Give Tribes Access To Cannabis Market
Proposed compacts would allow Minnesota's 11 federally recognized tribes to license up to five cannabis dispensaries each outside of their reservation lands, according to a draft of the agreement.
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February 14, 2025
Tulsa County 'On Notice' In Jurisdiction Dispute, Suit Says
The Muscogee (Creek) Nation is asking a federal district court to block Tulsa County, Oklahoma, its sheriff and a district attorney from asserting criminal jurisdiction on its reservation, arguing they continue to defy a 2020 Supreme Court ruling that held that they lack such authority.
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February 14, 2025
Judges Suggest Withdrawal Was Optional In Dam Permit Spat
D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.
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February 14, 2025
7th Circ. Affirms Ill. City Win Against Tribal Casino
The Seventh Circuit on Friday ruled that an Illinois city didn't intentionally discriminate against a proposed tribal casino when the city chose three other competitors to operate casinos, saying that even if the city's review process was flawed, "the absence of perfection in a process does not prove intentional discrimination."
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February 13, 2025
Wells Fargo Followed Seminoles' Orders For Trust, Jury Hears
Wells Fargo told a Florida state jury Thursday its stewardship of a major trust for the Seminole tribe was sound, saying that the tribe asked for and received a "keep-it-safe trust" and there was no missing $800 million.
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February 13, 2025
9th Circ. Revives Air Force Guam Munitions Disposal Dispute
The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.
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February 13, 2025
NY State Says Nothing New In Seneca Nation's Thruway Suit
The state of New York is asking a federal district court to dismiss a challenge by the Seneca Nation over a portion of thruway that runs through its reservation, arguing that nothing could have possibly changed in the 14-year dispute over the validity of a 1954 easement.
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February 13, 2025
DC Judge Says Utah Tribe Can't Restore Reservation Lands
A District of Columbia federal judge refused to hand over ownership of federally managed land in a Utah reservation to a Utah tribe, ruling Thursday that the tribe wasn't entitled to ownership.
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February 13, 2025
EPA Boss Says Biden Admin Wrongly Ceded Control Of $20B
The U.S. Environmental Protection Agency's new leader said Thursday that $20 billion Congress appropriated for an EPA grant program had been inappropriately transferred outside the agency and is lacking adequate supervision — a claim disputed by a Biden-era official.
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February 13, 2025
Tribe Can't Revisit $16M Ovintiv Settlement, Feds, Utah Say
The U.S. government and Utah urged a federal judge to reject a tribe's bid to challenge a $16 million Clean Air Act consent decree with Ovintiv USA Inc., arguing that its comments on the settlement were already considered and rejected.
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February 12, 2025
Wells Fargo Cheated Seminole Trust Out Of $800M, Jury Hears
Wells Fargo and its predecessor Wachovia cheated minors of the Seminole Tribe of Florida out of $818 million by secretly hiking fees and mismanaging investments in a multibillion-dollar gambling trust, a Florida jury heard Wednesday in opening statements for a multiweek trial in litigation involving more than 2,000 minors.
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February 12, 2025
Crypto CEO Made $425K Disappear, Investor Tearfully Testifies
A former business partner of a Texas man accused of running a $5 million fraud centered on a new "anti-money laundering" cryptocurrency testified tearfully before a California federal jury on Wednesday that her family invested about $425,000 in the defendant's previous cryptocurrency venture and lost every penny.
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February 12, 2025
8th Circ. Vacates Ruling In Minn. Tribal Reservation Dispute
An Eighth Circuit panel on Wednesday remanded a dispute between a Minnesota tribe and Mille Lacs County officials to a federal district court with instructions to vacate, saying a recently amended state law upholds a 19th-century treaty that gives unqualified law enforcement jurisdiction to the tribe over its reservation's boundaries.
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February 12, 2025
Arkansas Looks To Dismiss Cherokee Gambling License Suit
Arkansas has urged a federal court to toss the latest version of a casino licensing suit by two Cherokee Nation businesses, arguing that they don't have the right to sue the state and that the court has already dismissed the state and its governor as defendants.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
Expert Analysis
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Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Series
In Focus At The EEOC: Protecting Vulnerable Workers
It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Del. Ruling Adds Momentum For Caremark Plaintiffs
The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.