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Native American
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September 09, 2025
Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap
The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.
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September 08, 2025
Chamber Accuses Mich. Of 'Gamesmanship' In Pipeline Fight
The U.S. Chamber of Commerce has urged the Supreme Court to rule that judges have the power to waive the deadline to transfer a lawsuit to federal court in special circumstances, saying Michigan shouldn't be allowed to play procedural games to keep a case against energy infrastructure firm Enbridge Energy LP in state court.Â
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September 08, 2025
Groups' Exxon Plastic Recycling Nuisance Claims Can Proceed
A California federal judge ruled Friday that environmental groups can move forward with their public-nuisance claims accusing Exxon Mobil Corp. of knowingly fueling the state's plastic pollution crisis, rejecting the energy company's contention that the suit is merely a disguised product liability case.
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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.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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ICJ Climate Opinion Raises Cos.' Legal, Compliance Risks
The International Court of Justice's recent advisory opinion on governments' climate change obligations could have important consequences for the regulated community — including a more complex compliance landscape, heightened legal risks for carbon-intensive activities, and renewed market and investor focus on climate issues, says J. Michael Showalter at ArentFox Schiff.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.