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Native American
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January 24, 2025
Ill. Casino Applicant Loses Out On License Denial Challenge
A tribal-led casino applicant that was denied a license to open up in Waukegan, Illinois, does not have standing to appeal that rejection, the state's highest court said on Friday, restoring a trial court's decision on the matter.
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January 24, 2025
Trump Fires Inspectors General Without Notice
President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.
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January 24, 2025
Navajo Nation Cautions Citizens Over Immigration Raids
Navajo Nation tribal leaders are calling on President Buu Nygren to address reported U.S. Immigration and Customs Enforcement raids in Arizona, New Mexico and Utah, where they fear agents may have illegally detained members who live off-reservation and in urban areas.
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January 24, 2025
Enviros Want To Reopen Yellowstone Bison Suit
An environmental group has asked a Montana federal court to reopen a case over the management of Native American tribes' bison hunting on public land near Yellowstone National Park, saying new analysis is needed to determine whether the United States' national mammal can now roam free.
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January 24, 2025
Trump Energy Order Disrupts High-Profile NEPA Cases
One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.
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January 24, 2025
Army Exploits Pa. Boarding School Cemetery, 4th Circ. Told
The U.S. Army is exploiting an Indian boarding school cemetery as a repository for human remains, a Nebraska tribe told the Fourth Circuit, arguing that the military institution is conducting research and other activities that serve its goals rather than respecting the sovereignty and traditions of Indigenous people.
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January 23, 2025
Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict
A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.
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January 23, 2025
Trump Orders Recognition Of Lumbee Tribe
President Donald Trump directed the U.S. Department of the Interior to move along recognition of North Carolina's Lumbee Tribe on Thursday, calling federal recognition "long overdue."
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January 23, 2025
NCAA, Student-Athlete Near Deal To End W. Va. Transfer Suit
A West Virginia federal court has ordered an additional two-week pause in an antitrust lawsuit by an NBA hopeful who accused the NCAA of contract interference as the parties seek to finalize a settlement.
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January 23, 2025
Okla. High Court Says Gov. Stitt Can Lead Tribal-Gaming Case
The Oklahoma Supreme Court has unanimously confirmed Gov. Kevin Stitt's constitutional authority to represent the state in a lawsuit over the validity of tribal-gaming compacts for casino operations, but it also found that he cannot prevent the state attorney general from appearing in the case.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Minn. Operator Fights Tribal Bid To Nix Class III Gaming Suit
A casino and racetrack operator is fighting a bid to dismiss its lawsuit against two Minnesota tribal casino executives who argue that a recent Ninth Circuit ruling weighs in their favor in the dispute over alleged Racketeer Influenced and Corrupt Organization Act violations.
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January 22, 2025
Conn. Lawmaker Proposes Bill Legalizing In-Flight Gambling
A new Connecticut bill that would legalize sports betting on flights taking off from or landing in the Constitution State was referred to the state General Assembly's joint committee on general law Wednesday, one of multiple new measures aimed at regulating the state's emerging sports wagering industry.
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January 22, 2025
Navajo Nation Looks To Block Federal Mineral Leasing Ban
The Navajo Nation has sued the U.S. Department of the Interior in a bid to block a Biden administration order withdrawing federal land from new mineral leasing and development near a national park in New Mexico, saying the ban would cause tribal allottees to suffer financial hardships.
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January 22, 2025
Army, SD Tribe Fight For Early Win In Dakota Access Row
The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.
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January 22, 2025
DC Judge Declines To DQ Jenner & Block In Casino Dispute
A D.C. federal judge on Wednesday rejected a bid from three Native American tribes to disqualify Jenner & Block LLP from a lawsuit that seeks to block the operation of a new casino in Oregon.
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January 21, 2025
Trump Moratorium Is An Ill Wind For Project Development
President Donald Trump's sweeping directive to halt federal reviews and permitting of wind farms creates fresh uncertainty over whether many projects slated to be built can secure necessary approval and financing.
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January 21, 2025
Biden Commutes Sentence For Native Activist Leonard Peltier
In one of his final acts as president, Joe Biden commuted the life sentence of Native American activist Leonard Peltier after decades of calls from figures such as Pope Francis, Mother Teresa, Nelson Mandela, the Dalai Lama and Coretta Scott King.
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January 21, 2025
Payment Co. Says Okla. Tribe Lacks Jurisdiction In Fraud Suit
Two owners of a payment processor have asked an Oklahoma federal judge to toss a Native American tribal entity's lawsuit claiming they defrauded it out of $1.5 million, arguing that it isn't a citizen for the purposes of diversity jurisdiction under Tenth Circuit precedent.
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January 21, 2025
Justices Won't Hear Montana Native Voting Order Dispute
The U.S. Supreme Court has declined to take up a petition by Montana's secretary of state that looked to undo a determination that two voting laws related to absentee voting hours and registration deadlines are illegal and hindered the rights of Native Americans to participate in the election process.
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January 20, 2025
Trump Ends Biden Moratorium That Limited LNG Exports
President Donald Trump on Monday lifted former President Joe Biden's moratorium on approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., fulfilling a promise he made repeatedly on the campaign trail.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How IRA Unlocks Green Energy Investments For Tribes
An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.
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What Nevada 'Superbasin' Ruling Means For Water Users
The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Ruling In La. May Undercut EPA Enviro Justice Efforts
A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.