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Native American
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
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September 19, 2025
Bills Would End Emergencies For Tariffs On Brazil, Canada
A national emergency underpinning U.S. tariffs imposed on Canada and another one justifying most American tariffs on Brazil would be ended under a pair of resolutions introduced with bipartisan support by Sen. Tim Kaine, D-Va.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
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September 19, 2025
Michigan Justices To Weigh Enbridge Pipeline Tunnel Dispute
The Michigan Supreme Court agreed Friday to hear challenges to state regulators' approval of an Enbridge Energy LP plan to construct a miles-long tunnel for a petroleum pipeline underneath a Great Lakes shipping corridor.
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September 18, 2025
SEC Drops Hunter Biden Biz Pal's Case After Trump Pardon
The U.S. Securities and Exchange Commission has voluntarily dismissed its civil claims against Hunter Biden's former business partner Devon Archer, who President Donald Trump pardoned earlier this year after he was convicted of helping to execute a $60 million bond scam against a South Dakota tribal corporation.
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September 18, 2025
Alaska Asks Justices To End Feds' Subsistence Fishing Regs
The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.
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September 18, 2025
Groups Look To Block EPA's $3B Grant Cuts Amid Appeal
Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.
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September 18, 2025
Army Challenges Tribe's Claims In Burial Dispute At 4th Circ.
The U.S. Army told the Fourth Circuit this week that a tribe seeking the repatriation of remains from a former Pennsylvania Native American boarding school was wrong to claim that it couldn't find living relatives of the entombed children, citing a news article pointing to the existence of those relatives.
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September 18, 2025
EPA Will Maintain Hazardous Designations For PFOA, PFOS
The U.S. Environmental Protection Agency has said it will defend the Biden administration's decision to list two common forever chemicals as hazardous substances under the federal Superfund law.
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September 18, 2025
DOI Escapes Osage Nation's $4.9M Self-Determination Suit
A D.C. federal judge threw out a $4.9 million lawsuit over self-determination by the Osage Nation on claims that the U.S. Department of the Interior unlawfully rejected the tribe's final offer to amend a multiyear funding agreement with the DOI's Bureau of Indian Affairs.
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September 18, 2025
Chinook Tribe Asks High Court To Reverse Recognition Denial
The Chinook Indian Nation is asking the U.S. Supreme Court to undo a Ninth Circuit order that denied the tribe federal recognition, arguing that the appellate court misinterpreted a law that lays a path for the status through judiciary or regulatory decisions.
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September 17, 2025
AM Radio Bill Makes It Through House Committee, Again
More than two-thirds of the House of Representatives have signed on to co-sponsor a bill that would prevent automakers from removing AM radios from their vehicles, so it came as no surprise when the bill sailed through markup Wednesday afternoon.
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September 17, 2025
Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court
Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.
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September 17, 2025
Ute Tribe Land Dispute Back In Court After 8-Year Stay
A Utah federal judge on Wednesday lifted an eight-year stay in a decade-long feud over criminal prosecutions within the Ute Tribe's reservation boundaries, allowing the parties to litigate a sole issue in the case over the status of split estate surface lands.
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September 17, 2025
Calif. Residents Look To Block Tribe's Recognition, Casino
A group of residents and a nonprofit are seeking an expedited order that would block a decision by the Interior Department to give federal recognition to California's Ione Band of Miwok Indians, arguing the federal government is delaying the case to make sure construction of the tribe's casino is completed.
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September 17, 2025
Feds Must Review Wash. Logging Project Over Map Concerns
A Washington federal judge on Tuesday ordered the U.S. Forest Service to reconsider its approval of a timber harvesting and forest restoration project, finding the agency failed to provide adequate maps of the area to the public.
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September 16, 2025
Okla. Town Looks To Toss Tribe's Casino Utility Dispute
Hinton, Oklahoma, is looking to toss a lawsuit by the Delaware Nation claiming the town illegally threatened to cut off municipal utility services to a tribal casino after an agreement expired, telling a federal court Tuesday that it doesn't have jurisdiction because the controversy is local.
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September 16, 2025
Smoke Shop Owners Slam NY Tribe's Sanctions Request
Retailers accused by the Cayuga Nation of running an unsanctioned cannabis shop on tribal land have pushed back on a bid seeking sanctions against them for failing to turn over daily cannabis sales records despite a New York federal court's order to do so, arguing "two wrongs don't make a right."
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September 16, 2025
Okla. Tribe Sues Social Platforms Over Youth Mental Health
The Chickasaw Nation on Monday became the latest Native American tribe to lodge claims against social media giants in California federal court, alleging that the platforms harm their youth who are already at risk of mental health problems and suicidal ideation.
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September 16, 2025
EPA Sued For Dropping Slaughterhouse Water Pollution Regs
Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.
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September 16, 2025
Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds
The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.
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September 16, 2025
Order Halting Ørsted Wind Project Is Valid, Trump Admin Says
The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.
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September 15, 2025
Mont. County Asks To Nix Or Pause Tribe's Voting Rights Suit
An Indigenous tribe can't sue Chouteau County, Montana, under the Voting Rights Act because the act protects individual rights, not sovereign or collective rights as the tribe asserts in its lawsuit, the county tells a federal court in bids to toss or pause the suit.
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September 15, 2025
FERC Abandons Push To Update Pipeline Review Policy
The Federal Energy Regulatory Commission has ended its long-gestating proceeding aimed at updating its gas infrastructure approval policy, saying the policy the agency initially enacted in 1999 remains sound.
Expert Analysis
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Preserving Refunds As Tariffs Await Supreme Court Weigh-In
In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Unpacking A New Era of Compliance For Submarine Cables
After decades of operating under its old regulatory framework, the Federal Communications Commission has modernized its oversight of submarine cable infrastructure, which presents a complex array of legal and policy challenges, including heightened national security vulnerabilities, say attorneys at Troutman.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.