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Native American
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January 06, 2025
Feds Hit Georgia Developer With Suit Over Native Artifacts
The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.
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January 06, 2025
High Court Must Adopt New Voting Standard, Justices Told
Montana Secretary of State Christi Jacobsen is asking the high court to adopt a standard to measure state courts' interpretations of law on the regulation of federal elections, arguing that the justices have an opportunity to correct an earlier opinion that says plaintiffs can challenge a state election map's constitutionality.
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January 06, 2025
Breyer's 1st Circ. Visit A 'Very Cool' Opportunity For Attys
As some lawyers practicing before the First Circuit may learn this week, having a former Supreme Court justice parachute into arguments adds an extra layer of gravitas to the proceedings and another challenge for advocates to navigate as they make their case.
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January 06, 2025
Biden Closes Off Coastal Areas To Offshore Drilling
President Joe Biden on Monday announced a ban on new offshore oil and gas drilling in more than 625 million acres of U.S. waters on the Atlantic and Pacific coasts and in Alaska after determining that the environmental and economic risks and harms outweigh the benefits of drilling.
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January 06, 2025
Jenner & Block Faces DQ Bid In Casino Project Dispute
Three Native American tribes want Jenner & Block LLP disqualified from a lawsuit that seeks to block the construction of a new casino in Oregon, claiming the firm previously represented them in the same dispute.
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January 03, 2025
CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules
The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.
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January 03, 2025
States Debate High Court Solution To Election Map Catch-22
Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.
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January 03, 2025
Calif. Tribes Sue Casino Card Rooms Under New Law
Seven California tribes are taking advantage of a new state law that prohibits games in card rooms to sue a slew of private casinos, accusing them of brazenly profiting from illegal gambling.
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January 03, 2025
Wash. City Fights Order To Keep ER Tribal Shelter Open
The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.
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January 03, 2025
Ore., Calif. Tribes Can't Stop Casino Project
A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.
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January 02, 2025
Anchorage Residents Look To Block Tribal Casino Project
A group of Anchorage residents has sued the acting chairwoman of the National Indian Gaming Commission and the Native village of Eklutna in Alaska federal court, claiming plans to build a 58,000-square-foot casino will ruin their rural neighborhood.
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January 02, 2025
Oregon, California Tribes Ask Court To Block Casino Project
Three tribes are asking a D.C. federal court to block the Interior Department from issuing a final decision that would take land into trust for an Oregon casino project, arguing that the agency's lack of tribal consultation on the endeavor will cause damage to their economic and governmental interests.
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January 02, 2025
'Crush-Resistant' OxyContin Patents Fail At Fed. Circ.
In one of its last major moves in 2024, the Federal Circuit decided to reject an appeal from the bankrupt maker of OxyContin, which is trying to use patent laws to block the release of a competing "crush-resistant" generic painkiller.
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January 02, 2025
Jenner & Block Adds DOJ Atty As Agency Exodus Continues
Jenner & Block LLP has rehired an attorney who had spent most of his legal career with the firm until recently becoming a deputy assistant attorney general at the U.S. Department of Justice, as lawyers continue leaving the agency for private practice.
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January 02, 2025
Trump Transition Underway At Key Environmental Agencies
President-elect Donald Trump's landing teams — tasked with aiding the upcoming transition in the White House — are busy gathering information to set the new administration on course to implement its priorities on day one.
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January 01, 2025
Native American Cases To Watch In 2025
2024 brought lawsuits and rulings in state, federal district and appellate courts that will play out into 2025 with some uncertainties for Native American tribes on voting rights, protections for historical worship sites and land trust decisions.
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January 01, 2025
Federal Rules Impacted Tribes In 2024, With More To Come
U.S. federal agencies issued a slew of final rules that impacted Indigenous communities in 2024, giving their members greater autonomy over healthcare, environmental and energy regulations and land trust decisions.
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January 01, 2025
Cannabis Advocates Hone Their Policy Goals For 2025
With Republicans set to control the legislative and executive branches, cannabis advocates predict that federal cannabis reforms in 2025 are still achievable, but note they will likely be more incremental than holistic, with an emphasis on public safety and states' rights.
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January 01, 2025
Energy Cases To Watch In 2025
Federal courts will be addressing disputes that could reshape the authority of several U.S. energy regulators and subsequently impact the future of power development in the nation. Here are the biggest lawsuits on Law360’s radar that energy attorneys must watch in 2025.
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January 01, 2025
Key Environmental Policies To Watch In 2025
Donald Trump's victory in the 2024 presidential election means that several key environmental policies developed by the Biden administration will be subject to scrutiny and probably revision, if not outright revocation. Here are four key policy areas to watch this year.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
Feds, Osage Nation Score Damages Win In Wind Farm Suit
An Oklahoma federal judge has ended a decade of litigation involving the Osage Nation, the U.S. government and Enel Green Power North America, ordering the company to pay more than $300,000 in damages and attorney fees and to remove 84 wind turbines from the tribe's reservation.
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December 20, 2024
EPA Releases Recommendations For PFAS In Bodies Of Water
The U.S. Environmental Protection Agency on Thursday released draft recommendations for the amounts of per- and polyfluoroalkyl substances, or PFAS, for bodies of water that, when finalized, can be used by states and tribes.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
EPA Administrator Stepping Down At End Of December
U.S. Environmental Protection Agency Administrator Michael Regan on Friday announced that he's stepping down at the end of December, after a nearly four-year term that was punctuated by high-profile climate, water and chemical regulations and ambitious environmental justice initiatives.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Series
In Focus At The EEOC: Protecting Vulnerable Workers
It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.