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Native American
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June 17, 2025
Feds Waive Laws Again To Expedite Border Wall Construction
Homeland Security Secretary Kristi Noem revealed on Tuesday that she is once again waiving a number of environmental and historical preservation laws to facilitate border wall construction, this time in Texas.
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June 17, 2025
BLM Says Enviro Groups' Lease Suit Lacks Real Controversy
The U.S. Bureau of Land Management is urging a Colorado federal judge to throw out a suit environmental groups filed over nearly two dozen suspended oil and gas leases, arguing that the groups are trying to create a controversy where none exists.
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June 16, 2025
NY Looks To End Long Island Tribal Fishing Rights Row
New York officials have asked a federal judge to toss a long-standing dispute with the Shinnecock Indian Nation over fishing off of Long Island, arguing that tribal members have filed invalid claims to their purported rights to fish in waters at the town of Southampton.
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June 16, 2025
Gaming Group Backs High Court Fight In Wash. Compact Row
The California Gaming Association is backing a casino owner and operator in its U.S. Supreme Court bid to undo a Ninth Circuit ruling dismissing the company's challenge to Washington state tribal gaming compacts, arguing the nonprofit has an interest in ensuring its members can pursue their legal claims.
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June 16, 2025
Cannabis Regulators Association Names New Board Members
The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.
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June 16, 2025
Texas Justices Say Park Repairs Trump Native Religion Claims
A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.
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June 16, 2025
Steakhouse Wants Class Unraveled In Tip Credit Suit
A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.
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June 16, 2025
Rural Broadband Cos. Say Scalability, Cost Key To Buildout
Rural network providers are happy about some of the changes the U.S. Department of Commerce is making to the multibillion-dollar broadband deployment program BEAD, but say they also think the government should turn a keen eye toward making sure projects are scalable and cost-efficient.
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June 16, 2025
6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit
A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 13, 2025
9th Circ. Allows ConocoPhillips Project To Proceed, For Now
The Ninth Circuit on Friday held that the U.S. Bureau of Land Management must reconsider a small part of its approval for the controversial ConocoPhillips Willow oil and gas project, though it stopped short of vacating existing approvals for the Arctic energy development and allowed the project to proceed.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death."
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June 13, 2025
Trump Ends Protections, Funding For Columbia River Basin
President Donald Trump has pulled the U.S. from a Biden-era agreement with two Pacific Northwest states and three tribal nations to restore salmon populations in the Columbia River Basin and increase clean energy production, saying his administration is committed to protecting the country from "radical green agenda policies."
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June 13, 2025
Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit
A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.
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June 13, 2025
Enviro Orgs. Challenge Trump's Mercury Rule Pass For Coal Plants
As the Trump administration moves to undo recently tightened mercury emissions rules for coal-fired power plants, environmental groups have challenged President Donald Trump's decision to exempt dozens of plants from the stricter standards.
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June 13, 2025
Con Man Galanis Can't Get $2M Back, Despite Trump Clemency
A New York federal judge denied convicted fraudster Jason Galanis' request to halt restitution payments and recover $2.17 million in forfeited assets, ruling that President Donald Trump's reduction of his sentence applied only to future obligations.
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June 13, 2025
Hopes Run High For Senate's Focus On Universal Service
Telecom industry groups are expressing guarded optimism that Congress could soon reform the nation's telecommunications subsidy system as a high court decision looms on the future of the Universal Service Fund.
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June 13, 2025
Calif. Residents Sue Over 'Pick 'Em' Fantasy Sports Contest
A pair of San Francisco residents filed a proposed class action in California federal court against SidePrize LLC for allegedly telling customers its "Pick 'Em" daily fantasy sports contests are legal in the state when they are actually prohibited gambling operations.
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June 12, 2025
Suit Over Biden Mining Rule Paused As Trump Plans Changes
State and federal litigants in a suit over a Biden-era regulation that imposed more requirements on states to address possible mining law violations were granted a breather Thursday after the Trump administration said it plans to loosen the mandate once again.
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June 12, 2025
Review Ordered For Alaska Gold Mine As Permits Kept Alive
An Alaska federal judge isn't revoking key permits for a proposed gold mine in the state's Yukon–Kuskokwim region despite finding legal flaws in an environmental review, but she has ordered government agencies to reassess the risks of a catastrophic tailings spill while construction remains paused.
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June 12, 2025
Tribal Students Sue Feds Over Change To Financial Aid Policy
Two New York tribal members want a federal district court to block a decision by the U.S. Education Department to reverse course on its residence documentation policy for Indigenous students seeking financial aid, saying the agency offered no justification for the change that will prevent them from attending college.
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June 12, 2025
Calif. Casinos Seek Coverage For Tribes' Gambling Suits
California casino operators said they are entitled to defense coverage for suits brought by several tribes over their gambling operations, telling a federal court that their insurer has denied coverage based on policy exclusions that do not apply and has failed to conduct a proper investigation of their claims.
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June 12, 2025
Christian Group Can't Register 'He Gets Us' As EU TM
A U.S. evangelical Christian group can't register as a European trademark the Jesus-focused "He Gets Us" slogan popularized by the group's Super Bowl ads because European officials found this week that consumers would understand it described the organization's religious promotional services.
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June 12, 2025
Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale
Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.
Expert Analysis
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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.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.