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Native American
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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.
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September 11, 2025
U.S. Halts Discretionary Funds For Race-Based College Grants
The U.S. Department of Education will withhold $350 million in discretionary spending for minority-serving colleges and universities and end their discretionary funding, saying the institutions discriminate by having racial or ethnic quotas.
Expert Analysis
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.