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Native American
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May 29, 2025
Kids Launch New Climate Case Over Trump Energy Orders
The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.
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May 29, 2025
Neb. Tribe Challenges Army's Repatriation Law Interpretation
A Nebraska tribe has said the U.S. Army is introducing new errors into its Fourth Circuit arguments against efforts to repatriate the remains of two children from a Native boarding school cemetery in Pennsylvania, telling the appellate court the attempt to complicate a straightforward federal law should be rejected.
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May 29, 2025
High Court Restores Federal Approval Of Utah Oil Railway
The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
DOI Faces Energy Co. Suit Over Fort Berthold Oil Lease
A Colorado energy company has sued the federal government over what it says is an approved 60-year-old oil and gas lease, saying that it was suddenly told in April that it never actually owned an interest in the lease on an Indian reservation in North Dakota.
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May 28, 2025
Feds Ask SC Judge To Toss Suit Over Frozen Grant Funding
The Trump administration urged a South Carolina federal judge to dismiss a complaint challenging its authority to freeze and terminate grant funding for lack of jurisdiction, as it also appeals an order directing it to restore several dozen grants funded by Congress.
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May 28, 2025
Feds Tell Justices 9th Circ. Wrongly OK'd CWA Citizen Suit
The federal government is urging the U.S. Supreme Court to sink an environmental group's Clean Water Act citizen suit seeking to enforce the terms of a Washington state-issued pollutant-discharge permit that is stricter than the law requires.
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May 28, 2025
Feds Won't Appeal Offshore Fish Farming Permit Decision
The federal government will not appeal a decision to set aside a U.S. Army Corps of Engineers' permit intended to speed up industrial aquaculture in public ocean waters, ending the dispute and any future use of the structures off the country's eastern and western coasts.
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May 28, 2025
ND Tribes Seek 8th Circ. Rehearing In Voting Rights Row
Two North Dakota tribes are asking the Eighth Circuit to reconsider its decision that provisions of the Voting Rights Act don't give private citizens the right to sue over dilution claims, saying the ruling defies Congress, multiple Supreme Court decisions and the practice of every other circuit in the country.
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May 28, 2025
Va. Tribe's Medicaid Suspension Fight Faces State Pushback
Virginia is fighting a bid by the Nansemond Indian Tribe to strike a state declaration supporting a notice that its Medicaid payments are suspended, telling the court nothing is improper about the document, and the tribe's accusations of fraud are unfounded.
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May 28, 2025
Groups Claim Mass. Offshore Wind Will Harm Views, Wildlife
Opponents of a permitted offshore wind project that would provide power to Massachusetts have sued in D.C. federal court, arguing turbines would bring problems for marine life and disrupt views on the historic islands of Nantucket and Martha's Vineyard.
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May 27, 2025
Greenpeace Fights To Walk Back $666M Pipeline Verdict
Greenpeace on Tuesday continued its post-trial attack on a $666 million defamation and property damage case against Dakota Access pipeline builder Energy Transfer, telling a North Dakota judge that a lack of evidence requires overturning numerous jury findings.
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May 27, 2025
Native Church Sues Calif. Sheriff Over Raids On Sacred Plants
A California branch of the Native American Church is accusing San Bernardino County and its sheriff's office of violating federal religious freedom laws by raiding its property and seizing sacramental cannabis and other plant medicines used in worship ceremonies, in a lawsuit removed to federal court.
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May 27, 2025
Gorsuch Says Oak Flat Ruling Will Harm Native Generations
The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.
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May 27, 2025
9th Circ. Revives Tribes', Green Groups' Power Line Suit
The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.
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May 27, 2025
Ariz. Asks Justices To Skip Tax Fight Over Plant On Tribe Land
Arizona's tax agency urged the U.S. Supreme Court to pass on a power company's claims that property taxes were illegally levied on a power plant it owns on tribal land, saying the justices have consistently upheld taxes on tribal reservations that solely fall on non-Native Americans.
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May 27, 2025
High Court Won't Hear Apache's Bid To Undo Mining Decision
The U.S. Supreme Court will not take up a challenge by an Apache nonprofit that seeks to undo the federal government's transfer of nearly 2,500 acres of land to an Arizona copper mining company, a decision that could ultimately decide the fate of a centuries-old Indigenous worship site.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Real Estate Recap: Opp Zones, SFR Sector, NYC Casinos
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the "Big, Beautiful Bill" would tweak rules for opportunity zones, the prognosis for the single-family rental sector, and a look at the seven remaining bids for casino licenses in New York City.
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May 23, 2025
10th Circ. To Weigh Tribal Sovereignty In Casino Land Dispute
Officials for the Fort Sill Apache Tribe have asked the Tenth Circuit to reverse a lower court's partial denial of their bid to dismiss the Comanche Nation's lawsuit seeking to shut down an FSA casino that the Nation claims is on its historical reservation.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
Groups Look To Block Trump's Monument Fishing Order
Three conservation groups are challenging a Trump administration proclamation that will open up a 400,000-square-mile Hawaiian national marine monument to commercial fishing, saying the president exceeded his Antiquities Act and constitutional authority in doing so.
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May 23, 2025
Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility
A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.
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May 22, 2025
EPA Warns States, Tribes On Clean Water Act Authority
The U.S. Environmental Protection Agency on Thursday warned states and tribes that their authority under the Clean Water Act to veto certain water quality certifications shouldn't be used to "shut down projects" for concerns outside the law's scope.
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May 22, 2025
Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts
A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.