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Native American
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November 06, 2024
Mining Developer Wants In On Nevada Lithium Project Row
The owner and developer behind the Rhyolite Ridge Lithium-Boron Mine asked a Nevada federal judge to let it intervene in a challenge brought by environmental and tribal groups seeking to upend the U.S. Department of the Interior's authorization of the mine project.
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November 05, 2024
Trump Win Assures Halt To Biden's Enviro Priorities
As Donald Trump emerges as the projected 47th president of the United States, environmental law experts are looking for him to quickly depart from the Biden administration's priorities and return to the form established in his first administration by taking a lax approach to industry enforcement, rolling back climate change rules, reducing stringency of regulations and deemphasizing environmental justice.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Cannabis And Psychedelic Reform Bids Fail In Multiple States
Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.
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November 05, 2024
Nat'l Park Service Makes Tribal Consultation A Top Priority
The National Park Service's director has issued a first-time agency order making nation-to-nation consultations with Native American and Alaska Native tribes a top priority for agency decision-makers as they work on conservation and other issues that affect Indigenous communities.
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November 05, 2024
Feds Push For Win In Tongass National Forest Road Rule Row
The U.S. government is asking an Alaska federal judge to affirm its decision to reinstate roadless area protections for millions of acres of the Tongass National Forest, arguing its authority to enact such rules to balance uses is spelled out in statute and has long been recognized by courts.
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November 05, 2024
Kan. Tribe Fights Sheriff's Bid To Dismiss Trespass Lawsuit
The Prairie Band Potawatomi Nation has urged a Kansas federal judge to refuse a county sheriff's bid to toss the Native American tribe's suit claiming he has repeatedly overstepped his authority by interfering with activities on reservation land.
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November 05, 2024
States Say EPA 'Wants To Drive The Car' In CWA Row
Idaho and a coalition of states are asking a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring states to consider tribal treaty rights when they set their water quality standards, arguing the agency has no such power under the Clean Water Act.
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November 05, 2024
FERC Skimped On Pipeline Review, Environmental Groups Say
The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Kroger, State AGs Finalize Sprawling $1.37B Opioid Deal
Kroger will pay $1.37 billion to dozens of states and thousands of counties, municipalities and Native American tribes to resolve allegations the grocery store chain contributed to the opioid crisis, with Ohio, California and Texas seeing the largest distributions, according to a finalized settlement unveiled Monday.
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November 04, 2024
Wash. Tribe Inks Relationship Pact With State Commerce Dept.
The Cowlitz Indian Tribe and the Washington State Department of Commerce have signed a memorandum of understanding formally establishing their government-to-government relations, the fourth such MOU in the state that affirms tribal sovereignty.
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November 04, 2024
Navajo President Signs Nearly $1M Election Funding Bill
Navajo Nation President Buu Nygren approved emergency legislation that allocates nearly $1 million to pay poll workers who are manning its voting precincts with just days left before the presidential election, as the tribe continues without a full 2025 fiscal year budget.
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November 04, 2024
Supreme Court Won't Hear Apache's Mining Regs Dispute
The U.S. Supreme Court will let stand a ruling that sides with a state environmental agency's decision to let a copper mining company discharge untreated wastewater into a creek that's considered sacred to an Arizona Indigenous community.
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November 01, 2024
DC Circ. Urged To Uphold Veto Of Fla. Dredge Program
A coalition of environmental groups urged the D.C. Circuit on Friday to uphold a lower court ruling depriving Florida of its authority to issue wetland dredge and fill permits under the Clean Water Act, saying regulators must follow the rigorous laws protecting endangered species.
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November 01, 2024
Texas Justice Says Amici Should Get Say In Religion Case
A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."
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November 01, 2024
DOI Invests $82M For Clean Drinking Water Projects For Tribes
The U.S. Department of the Interior unveiled a nearly $82 million investment for 23 projects aimed at bringing clean, safe drinking water to Tribal communities in the Western United States.
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November 01, 2024
Enviro Groups, Tribes Sue Over Nev. Lithium Mine Approval
Environmental and tribal groups slapped the U.S. Department of the Interior with a complaint in Nevada federal court seeking to upend the agency's authorization of the Rhyolite Ridge Lithium-Boron Mine, arguing the project will drive a rare wildflower into extinction.
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November 01, 2024
Wash. Man Gets 4 Years For Killing And Selling Eagles
A Washington man who conspired to hunt and kill thousands of bald and golden eagles and hawks on a Montana reservation to sell on the black market will serve nearly four years in federal prison following a plea agreement in which prosecutors dropped nearly a dozen charges.
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November 01, 2024
Electric Co-Ops Urge NTIA To 'True Up' Broadband Funding
Electric cooperatives want the U.S. Commerce Department to implement a "true-up" process to ensure that only locations still in need of reliable broadband match well with federal funds available under a $42.5 billion spending program to deploy service in unserved areas.
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November 01, 2024
Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal
In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.
Expert Analysis
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.