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Native American
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October 01, 2025
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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October 01, 2025
Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court
A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.
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September 30, 2025
Wash. Lake Cleanup Agencies Sued Over Enviro Review
A man whose house overlooks Capitol Lake in Olympia, Washington, is suing a slew of federal and state government agencies over an estuary restoration project near his residence, alleging they have committed millions of dollars in funds without performing an environmental review.
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September 30, 2025
Senate Bills Look To Return 2,000 Acres To California Tribes
A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties.
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September 30, 2025
DC Circ. Backs FERC Approval Of Tenn. Pipeline
The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
Michigan Judge Rules Tribe's ERISA Claims Filed Too Late
A Michigan federal judge on Monday said a Native American tribe waited too long to bring claims alleging Blue Cross Blue Shield of Michigan didn't seek lower rates for plan members, finding the tribe knew the insurer could not have negotiated lower rates when it entered into an administrative service contract.
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September 30, 2025
Judge Recommends Tribal Win, Talks In NY Thruway Row
A U.S. magistrate judge is recommending a summary judgment win and negotiations for the Seneca Nation and New York officials in an ongoing dispute over a portion of a thruway that runs through the tribe's reservation, saying the state obtained a 1954 easement for the superhighway in violation of federal law.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Tribe Drops Price-Fixing Suit Against Drugmakers, PBMs
The Miccosukee Tribe in Florida has dropped its lawsuit alleging drugmakers and pharmacy benefit managers Eli Lilly, Express Scripts, CVS Health and other companies illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a notice of voluntary dismissal.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
Newsom Signs Bills Boosting Tribal Regalia, Land Use, Grants
California Gov. Gavin Newsom has signed into law three bills that will strengthen Indigenous students' rights to wear regalia, require tribal consultation over land and reburial rights, and streamline gaming tribes' ability to provide grants to other tribes with limited resources.
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September 29, 2025
Tribal Members Push For Say In Supreme Court Tariff Review
Members of the Blackfeet Nation tribe told the U.S. Supreme Court Monday their inclusion in the justices' review of suits challenging the legality of President Donald Trump's emergency tariffs is crucial to protect Native American rights under federal law.
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September 29, 2025
FOIA Suit Targets FBI Over Customs Agent's 1986 Death
Two researchers are asking an Arizona federal court to order the FBI to release records related to the 1986 death of an Indigenous U.S. Customs Service agent, alleging the agency withheld information that will shed light on the circumstances surrounding the unsolved case.
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September 29, 2025
Trump Admin Opens Lands, Wallets To Boost US Coal
The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.
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September 26, 2025
Calif. Power Market Law Is A Clean Energy Game-Changer
California's recent passage of a law further expanding its electricity markets beyond its borders could catalyze clean energy project development in the Golden State, as well as other states throughout the West.
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Judge Criticizes Email-Only Talks In NY Smoke Shop Dispute
A New York federal judge chided attorneys for the Cayuga Nation and the smoke shop it's suing on Thursday for not actually speaking to each other when resolving a combative documents dispute, warning them that she might sanction them if they don't follow her orders more closely next time.
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September 26, 2025
Judge Wants Clarity On Migrant Green Card Delays
A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.
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September 26, 2025
Kalshi, Robinhood Fight Tribes' Bid To Block Sports Contracts
Trading platforms Kalshi and Robinhood urged a California federal judge to reject an injunction bid lodged by Native American tribes in California that would prevent the companies from offering sports betting contracts on tribal lands, arguing their federally authorized event contract businesses would suffer "substantial and irreparable harm."
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
DOD Says Wounded Knee Soldiers Will Keep Medals Of Honor
Twenty soldiers who participated in the 1890 Wounded Knee conflict that left nearly 300 Lakota people dead will keep their Medals of Honor, U.S. Secretary of Defense Pete Hegseth announced, saying the previous administration withheld a decision on whether to rescind the honors since last October.
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September 26, 2025
Cherokee Nation Cos. Appeal Gaming License Suit To 8th Circ.
Two Cherokee Nation entities are looking to the Eighth Circuit to overturn an Arkansas federal court decision that dismissed their challenge to a voter-approved referendum that revoked a gambling license in the state.
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September 26, 2025
Oysters Not Covered By Drug Forfeiture Law, Court Rules
Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.
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September 26, 2025
Ex-Perkins Coie, DOJ Enviro Lawyer Joins Greenberg Traurig
A former assistant section chief in the U.S. Department of Justice's Environmental and Natural Resources Division has joined Greenberg Traurig LLP's Washington, D.C., office after five years with Perkins Coie LLP.
Expert Analysis
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.