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Native American
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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.
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August 08, 2025
Administration Says States Can't Second-Guess ACA Changes
The Trump administration urged a Massachusetts federal court to reject a request by a group of states seeking to stay implementation of new rules that will reduce Affordable Care Act healthcare marketplace subsidies and enforce certain enrollment restrictions.
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August 08, 2025
NY Says 1676 Order Can't Help Tribe In Eel Fishing Regs Row
The New York State Department of Environmental Conservation is fighting a Supreme Court bid by the Unkechaug Nation to undo a Second Circuit decision rejecting its challenge to the state's regulations on eel fishing harvests, arguing that a 1676 British colonial governor's order is not federal law.
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August 08, 2025
Trump Admin Invites Legal Fights With Clean Energy Moves
Recent Trump administration moves to saddle renewable energy projects with additional regulatory and permit burdens are likely to face court challenges from the industry even as developers are forced to think long and hard about the viability of their projects.
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August 07, 2025
Eventide Creditors Seek Trustee To Take Over Ch. 11 Case
The official committee of unsecured creditors in the Chapter 11 case of consumer lending company Eventide Credit Acquisitions has asked a Texas judge for the appointment of a trustee to oversee the proceedings, saying the debtor and its principal have flouted the rules of bankruptcy since the case began in 2023.
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August 07, 2025
Judge Says Wis. Tribal Roads Must Stay Open
Four Wisconsin tribal roads at the crux of a yearslong dispute over trespassing allegations must permanently remain open to the public, a federal court judge has ordered, saying there is no doubt that the town of Lac du Flambeau provided maintenance to them for decades despite an expired 50-year easement.
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August 07, 2025
FCC Plans To Narrow Enviro Rules For Broadband Projects
The Federal Communications Commission on Thursday proposed to make it easier for broadband providers to clear FCC reviews required by the National Environmental Policy Act.
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August 07, 2025
10th Circ. Upholds Okla. Law Banning Trans Care For Minors
The Tenth Circuit declined to block an Oklahoma law banning gender-affirming care for transgender minors, ruling that a recent U.S. Supreme Court opinion backing a similar law from Tennessee undermines state residents' claims that the statute is discriminatory.
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August 07, 2025
Fla. Judge Pauses Everglades Detention Facility Construction
A Florida federal judge on Thursday issued a temporary restraining order in the lawsuit against the Everglades immigration detention center dubbed "Alligator Alcatraz," briefly halting the construction of additional tents and other infrastructure for two weeks while allowing facility operations to continue.
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August 07, 2025
Calif. Sheriff Says Criminal Law Enforceable On Tribal Land
A California sheriff is asking a federal judge to dismiss the latest complaint from the Round Valley Indian Tribes and three members alleging law enforcement illegally raided cannabis growers, saying criminal laws can still be enforced on tribal land.
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August 06, 2025
Okla. Tribe Accuses US Sen. Of Secretly Targeting Its Rights
An Oklahoma tribe announced Tuesday allegations of a secret effort by a U.S. senator to incorporate language into future legislation that would terminate its rights to trust land and basic economic development it shares with the Cherokee Nation.
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August 06, 2025
Federal Court Advances Osage Members' Royalty Case
A Federal Claims Court is allowing a proposed $100 million class action lawsuit by members of the Osage Nation over the federal government's alleged mismanagement of oil and gas royalties to proceed, while finding that their pre-settlement claims in the yearslong dispute are barred.
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August 06, 2025
Battle Lines Form Around Interior's Updated NEPA Rule
The U.S. Department of the Interior is facing stiff resistance from green groups and blue states that oppose its new environmental review process for infrastructure projects, but some industry groups said the agency has taken the right approach.
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August 06, 2025
Interior Dept. Reverses Approval Of Idaho Wind Farm
The U.S. Department of the Interior on Wednesday said it would reverse a Biden-era approval of a controversial wind farm in Idaho, the latest move by the Trump administration to restrict U.S. wind energy development.
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August 06, 2025
Steakhouse Can't Shake Certified Class In Conn. Wage Suit
A class of tipped servers accusing a steakhouse at the Foxwoods Resort Casino of unpaid wages will stay in place, a Connecticut state judge ruled, saying that the employer overplayed a court's earlier decision finding that the workers didn't perform nonservice tasks.
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August 05, 2025
OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit
OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.
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August 05, 2025
Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.
With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.
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August 05, 2025
Long Island Town Challenges Tribal Land Determination
A Long Island town is challenging a federal government decision to place 84 acres into a restricted fee status for the Shinnecock Indian Nation, saying its effect has recognized the property as Indian Country in such a way that has destroyed the municipality's regulatory jurisdiction.
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August 05, 2025
Challenge To GOP Enviro Grant Cutoff Can Proceed, Judge Told
Attorneys for environmental infrastructure grant recipients told a D.C. federal judge Tuesday that the U.S. Environmental Protection Agency's own emails show that a proposed class action challenging the blanket termination of a climate justice and resilience grant program can move forward despite Congress' recent recission of "unobligated" funds.
Expert Analysis
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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.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.