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Native American
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July 09, 2025
5 Years Ago, The McGirt Ruling Reshaped Tribal Jurisdiction
It was widely held for decades that Oklahoma had domain over criminal matters on tribal lands, but five years ago, the U.S. Supreme Court turned that regime on its head, finding 19th century federal treaties with the Creek Nation that formed its reservation are valid — and, in turn, reestablishing 45% of the Sooner State as Indian Country.
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July 08, 2025
States Back Enviro Orgs. Bid To Block EPA's Halt Of $3B Grant
A group of Democratic attorneys general on Monday told a D.C. federal district court that the U.S. Environmental Protection Agency's decision to terminate environmental justice grants deprives vulnerable communities of funding "necessary to achieve a healthy environment."
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July 08, 2025
Judge Halts Plan To Slash AmeriCorps Workforce, Funding
A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.
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July 08, 2025
Okla. City Illegally Prosecutes Natives On Rez, Tribe Says
The Muscogee (Creek) Nation sued the city of Henryetta in Oklahoma federal court Tuesday accusing it of violating federal laws and its sovereign rights by prosecuting Native Americans for conduct within the tribe's Creek Reservation, despite a U.S. Supreme Court decision restricting the state and its political subdivisions' ability to do so. Â
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July 08, 2025
Environmental Regulations To Watch In 2025: Midyear Report
The U.S. Environmental Protection Agency said it is planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Here are some of the biggest regulatory matters to watch in the second half of 2025.
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July 08, 2025
DEA Tells DC Circ. To Toss Ayahuasca Church's Petition
Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
Oil Cos.' Water Pollution Coverage Suit Gets Trimmed
Two oil and gas companies can't proceed with bad faith claims against certain underwriters at Lloyd's of London in a dispute over coverage for the remediation of water byproduct pollution, a New Mexico federal court ruled, saying the companies failed to allege facts supporting their claims.
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July 07, 2025
Conn. Can't Pause Tribal Land Acquisitions, Court Told
The U.S. Department of the Interior and its Bureau of Indian Affairs on Monday urged a Connecticut federal judge not to renew a stay on the acquisition of state land into trust for the Mashantucket Pequot Tribal Nation, arguing that the state has not met the bar for blocking agency action.
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July 07, 2025
Lenders Accused Of Using Calif. Tribe To Dodge Usury Laws
A California resident has accused River Valley Loans and some business leaders allegedly associated with the company — including the son of TV host Dr. Phil — of operating a predatory lending scheme involving the Crow Creek Sioux Tribe to make short-term, small-dollar loans with illegally high interest rates.
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July 07, 2025
Feds Tell 9th Circ. Ayahuasca Church Not Owed $2M In Fees
Federal officials told the Ninth Circuit on Monday that a Phoenix-based church that reached an agreement with the government to use the psychedelic ayahuasca in religious ceremonies was not entitled to more than $2 million in attorney fees.
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July 07, 2025
Alaskan Tribe's Immunity Upheld In Anchorage Casino Fight
A federal court judge on Monday denied a bid by a group of Anchorage, Alaska, residents to reconsider a ruling that found the Native Village of Eklutna is immune from the residents' lawsuit seeking to block a casino development, saying their arguments are no more than a disagreement with the court's analysis.
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July 07, 2025
EPA, Enviro Orgs. Fight Over 'Big Bill's' Impact On Funding Case
Green groups fighting to reclaim grant funding frozen by the U.S. Environmental Protection Agency asked the D.C. Circuit on Monday to reject the agency's argument that Congress's recent tax and policy bill means their lawsuit should be dismissed.
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July 07, 2025
8th Circ. Won't Rehear ND Tribe's Voting Rights Dispute
The Eighth Circuit won't rehear a bid by two North Dakota tribes to overturn its decision that vacated their challenge to two of the state's voting laws after the panel found that provisions of the Voting Rights Act don't give private citizens the right to sue over dilution claims.
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July 07, 2025
​​​​​​​Gov't Says OPM Didn't Order Probationary Worker Firings
The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.
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July 03, 2025
139 EPA Workers Put On Leave For Letter Critical Of Trump
The U.S. Environmental Protection Agency confirmed Thursday that it had placed 139 employees on administrative leave after they signed onto a letter criticizing the Trump administration's policies as undermining the agency's "mission of protecting human health and the environment."
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
Navajo Nation's Bid To Block Lease Ban Put On 90-Day Hold
The Navajo Nation's bid to block a Biden administration order that withdrew U.S. land from new mineral leasing and development near a historic site has been paused after the parties said a recent presidential executive order could moot the dispute, a New Mexico federal judge said.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Residents Urge Judge To Redo Ruling Backing Alaska Casino
A group of Anchorage, Alaska, residents opposed to a plan to build a casino urged a federal judge to reconsider a ruling finding the Native Village of Eklutna has sovereign immunity and can't face a lawsuit seeking to block the development plan.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 02, 2025
Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague
An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.
Expert Analysis
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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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.