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Native American
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April 16, 2024
Tribes, Lawmakers Call On Biden To Protect Historic Sites
A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.
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April 15, 2024
Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap
Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.
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April 15, 2024
Biden Approves Disaster Declarations For States, Tribe
The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.
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April 15, 2024
9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid
The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.
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April 15, 2024
High Court Won't Hear California Tribal Casino Dispute
The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
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April 12, 2024
DEA Unlawfully Pushing Psychedelics Ban, Researcher Says
A psychedelic research company has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to ban two psychedelic substances, saying the agency's process for bringing the matter before an administrative judge has been unlawful.
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April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates
The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
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April 12, 2024
5th Circ. Won't Block Park Plan Over Religious Concerns
The Fifth Circuit has upheld a lower court's decision ordering the city of San Antonio to allow Native American church members access to a park under renovation for religious ceremonies but declined to enjoin the city's planned tree removal and bird deterrence program.
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April 12, 2024
Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit
Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.
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April 12, 2024
Florida Loses Bid To Retain Control Of CWA Permit Program
A D.C. federal judge on Friday rejected Florida's bid to retain some control over a Clean Water Act permitting program that he recently found was improperly handed off to the state by the U.S. Environmental Protection Agency.
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April 11, 2024
ND Tribe Banishes SD Gov. After Racially Charged Remarks
A North Dakota tribe has joined two South Dakota Lakota nations in voting to banish South Dakota Gov. Kristi Noem from their reservation lands after accusing her of making racially charged public comments about drug cartels allegedly operating on reservations in the state and about Native American parents.
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April 11, 2024
FDA Commissioner Says Congress Must Act On Hemp, CBD
The commissioner of the U.S. Food and Drug Administration said Thursday that the agency did not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance.
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April 11, 2024
Interior Dept. Finalizes Rule To Strengthen Endangered Species Act
The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.
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April 11, 2024
DOI Lowers Fees For Solar, Wind Projects On Public Lands
The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.
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April 11, 2024
Alaska Native Village Defends Donlin Gold Mine Approvals
Alaska's Native Village of Crooked Creek threw its support behind the federal government in litigation brought by half a dozen tribes challenging its approvals for a massive open-pit gold mine along the Kuskokwim River in southwest Alaska, saying the project will bring meaningful improvements to Crooked Creek.
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April 11, 2024
Judge Won't Rethink Ax Of Tribes 'Cultural Resource' Claims
A Washington federal judge has refused to rethink his dismissal of the Confederated Tribes of the Colville Reservation's claims for "tribal service losses" stemming from a smelter's Columbia River pollution, saying the tribes did not meet the standard required for reconsideration.
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April 11, 2024
US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute
The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed.
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April 10, 2024
Tribes Sue Social Platforms Over Native Youth Suicides
Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.
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April 10, 2024
Lawmakers Ask GAO To Review Native Remains Act
Two Democratic members of the U.S. House have urged the Government Accountability Office to conduct a thorough review of how the federal Native American Graves Protection and Repatriation Act is implemented, saying tribes have complained of deficiencies in the return of their ancestral remains and cultural objects.
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April 10, 2024
Wash. Tribe Says $1M Fine Not Enough To Settle CWA Claims
A Washington tribe is opposing a proposed consent decree that would settle Clean Water Act claims against a hydroelectric dam operator, arguing that a $1 million penalty is vastly too low for violations of the law when the damage continues.
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April 10, 2024
FCC Urged To Wait For BEAD Fund Awards Before 5G Auction
Small, independent cable providers want the Federal Communications Commission to hold off on a rural 5G development auction until the U.S. Department of Commerce completes its massive award of high-speed internet build-out funds.
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April 09, 2024
Navajo, Mine Operator Look To Settle Last Waste Spill Claims
A New Mexico federal judge has stayed litigation in the Navajo Nation's remaining claims against a Gold King Mine operator stemming from a hazardous waste spill that spurred nearly a decade of litigation after the parties said they reached a settlement in principle.
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April 09, 2024
Contractor Says Feds Are Blocking Border Wall Settlement Payout
A construction contractor wants to intervene in litigation over the Biden administration's diversion of border wall funds, saying the federal government has invoked a recent injunction in the case to stymie the company's attempt to recoup lost construction costs.
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April 09, 2024
Feds Cancel Disputed Sole-Source Health Deal, Call Suit Moot
The federal government is pressing the U.S. Court of Federal Claims to dismiss a contractor's complaint to a sole-source medical support contract, arguing the suit was moot after the U.S. Army voluntarily canceled the deal.
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April 09, 2024
ND Tribes Ignore Precedent In VRA Dispute, 8th Circ. Told
Two North Dakota tribes are attempting to employ a new framework for Civil Rights Act claims against well-established Supreme Court precedent in their bid to uphold Voting Rights Act violations against the state, Secretary of State Michael Howe said, arguing that they fail to meet the burden for voter dilution allegations.
Expert Analysis
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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.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.