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Native American
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September 08, 2025
GAO Flags Barriers In Tribal Energy Loan Program
The U.S. Government Accountability Office said a federal agency program designed to support Indigenous nations in developing energy projects through loans is limiting its accessibility and effectiveness through high, unpredictable costs; unclear guidance; and a lack of tribal expertise.
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September 08, 2025
Idaho Developer Looks To Defend $2B Gold Mine Project
The developer of a proposed $2 billion Idaho gold mine wants to intervene in a tribe's challenge that looks to block the project, saying it has already invested more than $400 million in the endeavor and has an interest in developing and moving the effort forward without delay.
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September 08, 2025
Lawmakers Push To Finalize Tribal Water Rights Settlements
A bipartisan group of lawmakers is urging congressional leaders to make a move on several tribal water rights settlement bills that are pending before the U.S. Senate, saying that doing so will prevent costly litigation and ensure tribes and others have access to water.
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September 05, 2025
Feds Say Supreme Court Trumps 9th Circ.'s UC Grant Ruling
The Trump administration has urged the Ninth Circuit to reconsider a panel decision that upheld an order to reinstate University of California research grants terminated by the White House, saying the U.S. Supreme Court subsequently contradicted the panel's holding in a "materially identical" case.
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September 05, 2025
Trump Admin Says Enviro Groups Can't Block GHG Report
The Trump administration has told a Massachusetts federal judge that a lawsuit challenging its formation of a climate change science advisory panel is a misguided ploy to undermine the U.S. Environmental Protection Agency's impending reconsideration of the harms of greenhouse gases.
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September 05, 2025
Sierra Club Looks To Secure Border Wall Settlement Funds
The Sierra Club and a nonprofit ally asked a California federal judge to order the Trump administration to preserve at least $50 million of border wall construction funds to pay for environmental projects required by a settlement struck with the Biden administration.
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September 05, 2025
Calif. Tribes Seek Ban On Kalshi's Alleged Sports Gambling
Native American tribes in California are asking a federal court for an injunction that would prevent trading platform Kalshi from offering sports contracts on its lands, arguing Kalshi's advertising is illegal and detracts from the tribes' casinos.
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September 05, 2025
Miner Must Show Why Chuckwalla Suit Belongs In Mich.
A Michigan federal judge has ordered a Michigan resident challenging the Chuckwalla National Monument's protected status to show why the lawsuit should remain in the Great Lakes State, suggesting that the case seems to fit better in California where the vast desert acreage is located.
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September 05, 2025
Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit
Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.
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September 05, 2025
8th Circ. Won't Revisit Crop Damage Arbitration Fight
The Eighth Circuit has ruled that the existence of arbitration agreements for some farmland owners, who are suing over depressed crop yields in the aftermath of an Alliance Pipeline project, does not amount to grounds for the appeals court to review a decision reviving proceedings.
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September 05, 2025
Tribal Groups Urge Justices To Address Religious Violations
Three Native American advocacy groups are backing a former Louisiana prisoner's U.S. Supreme Court petition for damages after guards forcibly shaved his head, arguing that the case presents issues vital to Indigenous cultural survival.
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September 04, 2025
11th Circ. Says 'Alligator Alcatraz' Can Stay Open For Now
A split Eleventh Circuit Thursday paused a Florida federal judge's order that preliminarily ordered the federal government to begin winding down the immigration detention center dubbed "Alligator Alcatraz," saying the government likely didn't need to prepare an environmental impact report for the facility built on the Florida Everglades.
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September 04, 2025
Enbridge Asks High Court To Reverse Pipeline Remand Ruling
Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.
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September 04, 2025
Feds Don't Have Immunity In NM Wildfire Row, Court Told
The U.S. Forest Service's failure to comply with a plan for the Santa Fe National Forest means it cannot avoid liability by invoking an "overarching discretionary enterprise" of prescribed burning that led to the destruction of nearly 43,000 acres, a New Mexico tribe, an electric cooperative and others argue.
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September 04, 2025
Borrowers Sue Over Lender's Repeat 'Tribal Lending Scheme'
Customers of a short-term loan company have accused their lender and its associates of engaging in a so-called tribal lending scheme by touting the company's association with a North Dakota-based Native American tribe in an effort to avoid scrutiny for lending at rates as high as 490%, exceeding state interest rate caps.
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September 04, 2025
Trump's Wind Project Halt Faces Suits From Conn., RI, Ørsted
The decision by President Donald Trump's administration to stop a nearly completed wind project slated to power the New England region was met with two lawsuits on Thursday, with the attorneys general of Connecticut and Rhode Island and developer Ørsted seeking to resume construction.
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September 04, 2025
2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates
Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.
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September 03, 2025
DOI Casino Approval Overturned For Ignoring Tribal Input
The U.S. Department of the Interior went beyond its authority and failed to properly consult with another local tribe when it approved the Koi Nation's plan to build a casino on newly acquired trust land, a California federal judge has ruled.
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September 03, 2025
Enviro Groups Urge 11th Circ. To Keep Detention Center Shut
Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
9th Circ. Saves Tribes' Cultural Superfund Claims Against Teck
The Ninth Circuit on Wednesday revived the Confederated Tribes of the Colville Reservation's natural resource damages claims against Teck Cominco Metals Ltd. for the company's alleged pollution of the Columbia River.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
ND Tribes Ask Supreme Court To Protect Voting Rights Act
Two North Dakota tribes are asking the Supreme Court to undo an Eighth Circuit decision that prohibits lawsuits against states for violating Section 2 of the Voting Rights Act, arguing that if not overturned, the ruling would kneecap the main federal protection against racial discrimination in voting.
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September 03, 2025
Calif. Senate Panel OKs Property Tax Break For Tribes
Native American tribes in California would be eligible for open space exemptions to property taxes under legislation approved by a state Senate panel that's heading for a final vote.
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September 02, 2025
DC Circ. Says EPA Can Freeze Climate Grant Funds
A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.
Expert Analysis
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.