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Native American
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August 14, 2025
Bid To Block Alabama's Anti-DEI Law Rejected
An Alabama federal judge has rejected a bid to block a state law banning certain diversity, equity and inclusion-related activities at state schools and college campuses, finding the Alabama NAACP and the students and professors who filed suit didn't show that the law is unconstitutionally vague.
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
Okla. City Fights Creek Nation Over Tribal Court Authority
An Oklahoma city is looking to dismiss a challenge by the Muscogee (Creek) Nation that looks to block the municipality from prosecuting Native Americans for crimes committed on tribal lands, arguing that a 2022 Supreme Court ruling gives it concurrent jurisdiction with the federally recognized tribe.
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August 14, 2025
GAO Scolds Nev. Protester For Nonexistent Citations
The Government Accountability Office dismissed a Nevada company's protest of a solicitation issued by the U.S. Department of the Interior for school counselor services on Wednesday and scolded it for including "misleading citations or citations to non-existent decisions" in its protest.
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August 14, 2025
US Says It Can't Be Sued Over NM Burns Linked To Wildfire
The U.S. government is looking to dismiss a challenge to a prescribed burn plan that a tribe, electric cooperatives and several property owners claim led to the destruction of nearly 46,000 acres in New Mexico's Jemez Mountains, saying the decision is barred under the Federal Tort Claims Act.
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August 13, 2025
Mich. Tribe Asks High Court To Undo Great Lakes Fishing Pact
A Michigan tribe is asking the Supreme Court to overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes, saying the document was negotiated over its objections, restricts its treaty rights and will micromanage the waters for the next quarter-century.
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August 13, 2025
Business Groups Fail To Halt Calif. Climate Reporting Rules
The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.
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August 13, 2025
Trump Taps Democratic Commissioner As Acting FERC Chair
President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.
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August 13, 2025
Judge Blocks Trump Restrictions For $12B In Federal Grants
A Washington federal judge temporarily blocked restrictions imposed by the Trump administration, such as an anti-gender ideology restriction, on access to more than $12 billion worth of federal grants, ruling in part that the federal government exceeded its authority.
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August 13, 2025
Mich. Tribe Can't Get $1.5M In Legal Fees In Recognition Fight
A D.C. federal court judge on Wednesday denied a Michigan tribe's bid to recoup $1.5 million in legal fees from the U.S. Department of the Interior over the tribe's challenge to a federal recognition status denial, saying the motion is untimely because a decision to remand the dispute is final.
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August 13, 2025
Tribe Says Studio Mogul Can't Demand Jury In $2.8M Debt Suit
The Mohegan Tribal Gaming Authority says a former Hollywood studio mogul can't ask a jury to hear a $2.8 million gaming debt lawsuit because tribal law does not allow civil jury trials and because the indebted gambler's defenses don't qualify for a jury trial in Connecticut state court, either.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Tribes, Enviros Want In On Chuckwalla Monument Fight
Environmental groups and five Native American tribes are asking a Michigan federal court to intervene in a challenge by a miner and the BlueRibbon Coalition to the establishment of the Chuckwalla National Monument, saying it's unclear if the federal government still shares their interests in its protection.
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August 12, 2025
Biden Coastal Drilling Ban Fight Is Moot, Enviro Groups Say
Environmentalists say President Donald Trump's rescission of Biden-era memos closing off additional waters to oil and gas drilling moots a lawsuit brought by red states and industry groups that includes arguments that presidential withdrawal authority is unconstitutional or otherwise limited.
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August 12, 2025
Calif. Fantasy Sports Losses Not Economic Injury, DraftKings Says
DraftKings has asked a California federal court to toss a lawsuit accusing the sportsbook of skirting state gambling laws, arguing the plaintiffs have failed to show they suffered a legitimate injury or that the company provided them goods and services.
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August 12, 2025
NM School Board Sues Feds Over Native American Bias Probe
A New Mexico school board is suing the U.S. Equal Employment Opportunity Commission and acting Chair Andrea Lucas, arguing they overstepped their authority by lodging an "overly broad and vague" Native American discrimination charge and probe against it.
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August 11, 2025
Utah Gov. Cox Escapes Ute Tribe's Bidding Scheme Suit
Utah's governor and other state officials won't have to face a challenge by the Ute Indian Tribe accusing them of a racist bidding scheme to prevent a land purchase, a federal judge ruled, finding the tribe failed to provide specific allegations tying them to the supposed conspiracy.
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August 11, 2025
GE, UNC Agree To $63M Uranium Mine Cleanup In New Mexico
The United Nuclear Corp. and General Electric Co. agreed to a consent decree with the federal government, New Mexico and the Navajo Nation to spend $63 million on environmental cleanup at a decades-old uranium mine, the U.S. Department of Justice announced Monday.
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August 11, 2025
Wash. AG Sues Feds For Pulling Climate Resiliency Grants
Washington launched a lawsuit accusing the Trump administration of abruptly canceling grants awarded to the Evergreen State to address climate change impacts, including about $9.3 million approved last year for a collegiate-tribal partnership to prep more than 2,100 students for sustainability-focused careers.
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August 11, 2025
Hawaiian Judge Vacates Letter Allowing Monument Fishing
Commercial fishing cannot legally continue in the waters of the Pacific Islands Heritage Marine National Monument under a National Marine Fisheries Services letter that tribal and environmental groups claim authorized the endeavor, a Hawaii federal court judge said, arguing evidence shows that the directive harmed the plaintiffs in the dispute.
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August 11, 2025
Tulsa Says Settlement Moots High Court Jurisdiction Bid
Tulsa is asking the Supreme Court to deny a petition by an Oklahoma attorney that looks to undo his conviction stemming from a speeding ticket issued on tribal lands, arguing it seeks review of a broader jurisdictional question that the municipality and the Creek Nation have already resolved.
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August 11, 2025
NTIA Urged To Let States Decide On 'Anchor' Funding
The U.S. Department of Commerce should defer to states as they decide what qualifies as an "anchor" institution for purposes of federal broadband deployment grants, two advocacy groups said Monday.
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August 11, 2025
Feds, Wind Farm Backers Cross Swords Over Permitting Halt
The U.S. government and opponents of the Trump administration's halt of wind farm project reviews have made their cases to a Massachusetts federal judge as to why they should prevail in litigation challenging the legality of the moratorium.
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August 08, 2025
Ark. Farmers Say Okla. Pollution Plan Violates State Sovereignty
The Arkansas Farm Bureau Federation and two cattle ranchers are urging a federal court in Oklahoma to reject the state's $103 million solution to end a long-running legal fight against poultry producers, including Tysons Foods Inc., for polluting the Illinois River Watershed, saying Oklahoma's proposed limits on fertilizer derived from chicken waste would violate Arkansas' sovereignty.
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August 08, 2025
Trump EO Requires Appointee Oversight Of US Grantmaking
President Donald Trump has issued an executive order requiring that all funding opportunity announcements and grant awards be reviewed by his political appointees and allowing for grants to be terminated that fall outside the administration's priorities.
Expert Analysis
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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.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.