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Native American
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May 23, 2025
Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility
A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.
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May 22, 2025
EPA Warns States, Tribes On Clean Water Act Authority
The U.S. Environmental Protection Agency on Thursday warned states and tribes that their authority under the Clean Water Act to veto certain water quality certifications shouldn't be used to "shut down projects" for concerns outside the law's scope.
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May 22, 2025
Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts
A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.
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May 22, 2025
Coalition Backs Calif. Tribe's Fight Over $700M Casino Project
A coalition of tribes weighed in on a dispute over the federal government's decision to rescind gambling eligibility for the Scotts Valley Band of Pomo Indians' $700 million casino project, questioning the federal government's perceived acquiescence to pushback from other tribes.
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May 22, 2025
Michigan Seeks 6th Circ. Rehearing In Enbridge Pipeline Row
Michigan Gov. Gretchen Whitmer has asked the full Sixth Circuit to find she is protected by sovereign immunity from an Enbridge Energy lawsuit to halt her efforts to shut down an oil and natural gas pipeline.
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May 22, 2025
Tribes Sue US Over $23B Used For Boarding School Program
A group of Indigenous nations has asked for class certification and an order that would require the U.S. to account for how much of the tribes' money was used in an estimated $23.3 billion appropriated by the federal government in connection with its past Indian boarding school programs.
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May 22, 2025
Split Supreme Court Blocks 1st Religious Charter School
A deadlocked U.S. Supreme Court left in place Thursday an Oklahoma state court ruling barring the launch of the nation's first religious charter school, leaving open questions about the constitutionality of excluding religious groups from participating in publicly funded charter school programs.
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May 21, 2025
Tribes Push To Preserve Challenges To Okla. Prosecutions
The Cherokee, Chickasaw and Choctaw nations are dialing up their opposition to two Oklahoma district attorneys' attempts to prosecute tribal citizens for crimes committed in Indian Country, telling a federal court that prior case law makes it "readily apparent" that these state actions can't stand.
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May 21, 2025
SC Judge Restores Frozen Federal Grant Funding
A South Carolina federal judge ordered the Trump administration to restore 32 grants funded by the Inflation Reduction Act and the Infrastructure Investment and Jobs Act after the government said it wasn't contesting the merits of the grant recipients' claims.
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May 21, 2025
Gold Mine Risks Alaska Preserve And Whales, Tribe Claims
An Alaskan tribe and environmental groups have filed suit against the U.S. Army Corps of Engineers seeking to stop a mining company from expanding gold operations, activity that would contaminate the waterways near a national park and harm the endangered beluga whale population.
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May 21, 2025
Offshore Wind Farm Foes Back Trump Permitting Pause
Opponents of a New Jersey offshore wind farm on Wednesday backed the Trump administration's freeze on wind project permitting, telling a Massachusetts federal judge the moratorium is both legal and constitutional.
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May 21, 2025
EPA Chief Defends Trump Plan To Halve Agency Budget
U.S. Environmental Protection Agency Administrator Lee Zeldin on Wednesday told senators that despite President Donald Trump's proposal to cut the EPA's budget by 55% and an internal reorganization, agency scientists can handle the current workload.
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May 20, 2025
FWS' New 'Harm' Proposal Draws Praise, Concern For Species
Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.
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May 20, 2025
DC Circ. Won't Revive Okla. Tribe's Creek Land Dispute
The D.C. Circuit on Tuesday affirmed the dismissal of an Oklahoma tribe's challenge to a decision that rejected its proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee (Creek) Nation, agreeing with the district court that the complaint failed to identify a valid cause of action that entitles relief.
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May 20, 2025
6 Colo. Cities Sue Governor Over Housing Executive Order
Six Colorado cities with "home rule" charters have hit the state and Gov. Jared Polis with a suit challenging his recent executive order saying state grants won't go to local communities if they don't comply with new housing laws that seek denser real estate development.
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May 20, 2025
Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts
A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.
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May 20, 2025
Tribe Blames DOI For $1.5M In Legal Fees In Recognition Row
A Michigan tribe that is asking for $1.5 million in fees from the Interior Department over its challenge to a federal recognition status denial says the agency caused the case to drag on for five years due to its failure to remand its rule governing the process.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Senate Dems Protest Broadband Deployment Delays
A dozen Senate Democrats urged President Donald Trump to curtail the U.S. Department of Commerce's potential overhaul of a $42.5 billion broadband deployment program created during the Biden administration.
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May 20, 2025
GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms
Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.
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May 20, 2025
Judge Revives Suit Challenging BLM Lease Sales In Utah
A Utah federal judge said she erred when she tossed a lawsuit challenging multiple U.S. Bureau of Land Management oil and gas lease sales in the state, as she failed to recognize that the agency had recently issued drilling permits for some of the transactions.
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May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds
The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
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May 19, 2025
FCC Examines Revisions To Alaska Broadband Measurements
The Federal Communications Commission is seeking input on a proposal to change how final milestone commitments are evaluated for the so-called Alaska Plan, with a telecom in Alaska suggesting the commission's "Fabric" dataset offers a more accurate representation of where people actually live within census blocks than the current distribution model does.
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May 19, 2025
Justices Punt On Tribe Leader's Extortion Immunity Claim
The U.S. Supreme Court on Monday rejected a petition from the former head of a Native American tribe who argued that the First Circuit was wrong to reinstate his convictions tied to the development of a casino project after it concluded that federal extortion law applies to tribal leaders.
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May 19, 2025
NC Gov. Tacks On $891M To Hurricane Recovery Plan
North Carolina Gov. Josh Stein on Monday recommended adding $891 million to the funds earmarked for Hurricane Helene recovery efforts in the western region of the state, the largest chunk of which would go toward rebuilding the economy with small business loans and tourism promotion.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.