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Native American
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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.
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September 15, 2025
Alsup Says February Firings Of Federal Workers Were Illegal
A California federal judge has ruled that it was illegal for the U.S. Office of Personnel Management to initiate a mass termination of federal workers, but didn't order their reinstatement, saying the U.S. Supreme Court would intervene and the fired employees "have moved on with their lives."
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September 15, 2025
House Panel To Consider Retirement, Tribal Workforce Bills
A House panel announced plans Monday to advance several workforce and retirement-related bills later this week, including legislation that would require new reporting from the U.S. Department of Labor's employee benefits arm on information-sharing agreements and a bill to exempt tribal governments from federal wage laws.
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September 15, 2025
Steakhouse Servers Say Conn. Judge Did Defense's Job
Counsel for a class of servers at a steakhouse at the Foxwoods Resort Casino in Connecticut made good on his promise to seek recusal or disqualification of the judge slated to oversee an upcoming trial, arguing in a motion Friday that Superior Court Judge Elizabeth J. Stewart had improperly made part of the defense's case for it.
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September 15, 2025
Feds Push For 10th Circ. Rehearing In Native Activist Case
Prosecutors have asked the entire Tenth Circuit to reconsider whether a Native American activist could be convicted in federal court on a charge of simple assault in a case originally involving more serious charges, after a panel overturned the conviction by holding district courts lack jurisdiction over these lesser charges.
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September 15, 2025
Virginia Tribe's Fed. Recognition Bill Reintroduced In Congress
U.S. House Rep. Jen Kiggans has introduced legislation that would give federal recognition to Virginia's Cheroenhaka (Nottoway) Indian Tribe, saying the bill marks an important step in honoring its centurieslong history and ensuring access to the federal programs and services it deserves.
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September 15, 2025
Lifeline Providers Hope For Increased Federal Subsidy
Providers of the federal Lifeline phone subsidy are pressing to raise the monthly reimbursement to $30 as part of changes potentially sought by a congressional working group on universal service.
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September 15, 2025
9th Circ. Says Ore. Water Rights Case Is Still Relevant
The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.
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September 12, 2025
FCC Faulted For Changes In Broadband Inquiry's Scope
By no longer measuring factors like broadband affordability, the Federal Communications Commission has unacceptably trimmed its yearly look at the state of deployment, just like the old vaudeville joke about "blue plate specials" devoid of food, an advocacy group said.
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September 12, 2025
DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight
The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.
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September 12, 2025
States, Tribes Say New Policy Warrants Ore. Dam Case Restart
An Oregon federal judge granted a joint motion by two states, environmental groups and tribes to lift a five-year stay in a lawsuit over Columbia River Basin dams' hydropower practices and attempts to restore fisheries, following a Trump administration memo revoking a basin agreement.
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September 12, 2025
Mass. AG Says KalshiEX Running Betting Platform In Disguise
Online "prediction market" KalshiEX LLC was hit on Friday with a lawsuit by Massachusetts regulators alleging the New York-based company is running what amounts to an unlicensed sports betting platform.
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September 12, 2025
Bill Aims To Secure Advance Funding For Tribal Services
A group of bipartisan federal lawmakers has reintroduced legislation that would authorize advance appropriations to the Indian Health Service, Bureau of Indian Affairs and Bureau of Indian Education to avoid funding lapses, saying the agencies fund critical services to tribal nations.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
NY Judge Keeps Cayuga Citizen's 911 Bias Claims Alive
A federal judge has dismissed a New York tribe's Civil Rights Act claims against two of the state's counties, while leaving in play a tribal council member and citizen's allegations in the dispute over 911 access, saying he plausibly asserted discrimination.
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September 12, 2025
Cos. Ask Conn. Court To Pause Trial For Steakhouse Workers
An upcoming trial over unpaid wages against a steakhouse at the Foxwoods Resort Casino in Connecticut should be put on hold after the attorney representing a class of tipped servers accused a judge of bias, a group of companies told a state court.
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September 11, 2025
Minn. Signs 2nd Tribal-State Cannabis Compact
Minnesota on Wednesday signed a tribal-state compact with the Mille Lacs Band of Ojibwe, giving the federally recognized tribe the ability to open eight cannabis shops outside its reservation and issue licenses to grow and manufacture the plant, the second such agreement the state has made with a tribe.
Expert Analysis
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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.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.