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Native American
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September 05, 2024
Okla.'s Teacher Ouster May Have Violated Order, Groups Say
Civil rights groups and Oklahoma university professors say the state may have violated an order that blocks part of a controversial censorship law from being enforced in classrooms after a teacher's license was revoked for encouraging students to access the Brooklyn Public Library and to read a book about racism.
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September 05, 2024
Ariz. Tribe Doubled Down In Lithium Project Row, Court Told
The federal government has accused the Hualapai Indian Tribe of doubling down on conjecture with regard to the possible effects of the Big Sandy Valley Lithium Exploration Project, urging an Arizona federal judge to reject the tribe's request for a preliminary injunction.
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September 04, 2024
Albertsons Denied Texas Court Remand In Opioid MDL
An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.
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September 04, 2024
Homeowners Say Wis. Tribe Can't Block Roads Again
Homeowners in a Wisconsin town whose roads were barricaded by a Native American tribe have urged a federal judge to protect access to their properties during litigation until their easement claims can be resolved, saying the U.S. government and the tribe must immediately remove any roadway blockages.
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September 04, 2024
Navajo Nation President Buu Nygren Facing Recall Petition
A committee focused on removing Navajo Nation President Buu Nygren from office has filed a recall affidavit with the tribe's election administration – a move those behind the effort described as the first of its kind for the nation — amid allegations of breach of fiduciary duty and misconduct, among others.
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September 03, 2024
Army Corps Gets 150K Comments Against Enbridge Pipeline
Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.
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September 03, 2024
5th Circ. Panel Pushes Plaintiff Groups In Oil Terminal Row
A Fifth Circuit panel seemed wary of a claim by several groups who argued they hadn't forfeited arguments relating to vessel traffic on Texas' Gulf Coast, saying during oral arguments last week that the group's brief didn't include anything about forfeiture.
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September 03, 2024
Utah Tribe Seeks Quick Win In Farm Water Diversion Fight
The Ute Indian Tribe is seeking a quick win in its challenge to a Utah farm that it claims diverted protected water to use for its cattle, arguing that in addition to a lack of jurisdiction, it's undisputed that the defendant willingly interfered with the tribe's property.
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September 03, 2024
NAACP, Others Fight Ga.'s Bid To Undo Election Law Block
The Georgia branch of the NAACP and a host of other groups are asking the Eleventh Circuit to affirm and expand a preliminary injunction blocking parts of a controversial Peach State election law as state officials are pushing to have the injunction overturned.
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September 03, 2024
DOI Says Court Can't Force Policy Orders In Recognition Fight
U.S. Department of the Interior Secretary Deb Haaland is fighting a bid to force her to complete a final new rule for federal recognition or be held in contempt, saying that compelling the agency to conclude a policy decision in a matter of weeks is unreasonable and could have a harmful ripple effect.
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August 30, 2024
Expert Doesn't Back Certain Tribal Fishing Rights, Judge Says
A Washington federal judge has granted the Upper Skagit Indian Tribe's bid to amend his earlier order questioning whether the Stillaguamish Tribe had ever fished in certain saltwater near Puget Sound, ruling after examining expert testimony in the tribes' fishing rights battle that historical evidence fails to show that Stillaguamish ever caught sea life there.
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August 30, 2024
McKesson, Others To Pay Benefit Plans $300M In Opioid Deal
McKesson Corp., Cardinal Health Inc. and Cencora Inc. have agreed to pay a group of benefit plans a combined $300 million to resolve allegations that the drug distributors fanned the flames of the opioid epidemic, according to a filing Friday in Ohio federal court.
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August 30, 2024
Feds Propose Tribal Oversight Of Utah National Monument
Nearly 2 million acres of public lands within Utah's Grand Staircase-Escalante National Monument will be managed by a co-stewardship of tribal nations, with a focus on conservation and preservation, according to a proposed plan by the U.S. Bureau of Land Management.
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August 30, 2024
Parents Unhurt By Indigenous Child Law, Minn. Justices Told
A coalition of Native American nonprofits is asking the Minnesota Supreme Court to dismiss a challenge by foster parents to the Indian Child Welfare Act in a custody dispute over two Red Lake Nation children, arguing that the parents have not been injured by the law's preference for Indigenous foster homes.
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August 30, 2024
Firm Accused Of Botching Arbitration In Tribal Lending Row
Bradley Arant Boult Cummings LLP and one of its former attorneys have been hit with a California federal court suit accusing them of negligence in their representation of a consulting business and its president in a 2018 arbitration they say caused them at least $17.5 million in damages.
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August 29, 2024
FCC's New Rules For Rural 5G Fund Stir Controversy
The Federal Communications Commission said Thursday it had adopted a framework for the 5G Fund for Rural America to auction up to $9 billion in its first phase to fill gaps in mobile broadband, but not all stakeholders are pleased with the rules.
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August 29, 2024
Insurer's $20M Tribal Loan Claim Goes To Fed. Claims Court
An Ohio federal judge has transferred a challenge to Interior Secretary Deb Haaland over the agency's cancellation of a $20 million tribal loan guarantee to Federal Claims Court, arguing this week that the sole alternative of an outright dismissal would be detrimental to the interests of justice and judicial economy.
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August 29, 2024
DOI Stands By Its Mining Ban On 28M Acres In Alaska
The U.S. Department of the Interior has finalized a decision to continue protections on 28 million acres of land in Alaska, a move that bans oil and gas drilling activity in the region and reverses a decision made in the Trump administration's final days to open up the area for development.
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August 29, 2024
Feds Ask The Supreme Court To Reverse NEPA Railway Ruling
The U.S. Surface Transportation Board has told the U.S. Supreme Court that the D.C. Circuit was wrong to revoke the agency's approval of a rail line to transport crude oil from Utah, saying the appeals court went beyond what the law requires for environmental reviews.
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August 29, 2024
Advocacy Groups Back Ga. Bid To Undo Election Law Block
Two advocacy groups are joining Georgia's push for the Eleventh Circuit to overturn an injunction blocking part of a controversial Peach State election law, arguing the lower court's ruling reimagines the Civil Rights Act to impede an absentee ballot requirement that is focused on election integrity and has nothing to do with racial discrimination.
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August 28, 2024
Utah Counties Tell Justices DC Circ. Took NEPA Too Far
A coalition of seven Utah counties called on the U.S. Supreme Court on Wednesday to upend a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah, arguing the ruling saddles the U.S. Surface Transportation Board with "endless make-work far outside its wheelhouse."
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August 28, 2024
Red States Raise Alarm Over Methane Rule Retroactivity
Republican led-states and industry groups have called on a Tenth Circuit panel to reconsider its decision to vacate a district court ruling that partially invalidated an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, arguing it could lead to retroactive enforcement of the rule.
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August 28, 2024
HUD Gives $10M For Homeless Native America Veteran Services
The federal government has announced that it would give $10 million to various tribal housing authorities, saying the money is for currently or nearly homeless Native Americans who fought for the U.S. military.
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August 28, 2024
The Biggest Enviro Cases To Watch In 2024: Midyear Report
Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.
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August 28, 2024
Judge Stays Enbridge's Bid For Quick Win In Pipeline Fight
Enbridge Energy's bid for a quick win in its challenge to Michigan over the company's Line 5 pipeline must wait until Michigan officials' appeal of a ruling to the Sixth Circuit that seeks to overturn an immunity order is resolved, a federal district court judge said.
Expert Analysis
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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.
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Del. Ruling Adds Momentum For Caremark Plaintiffs
The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.