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Environmental
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February 03, 2026
FERC Members Say High Court Helped Speed Up Gas Reviews
The U.S. Supreme Court's landmark decision last year that curtailed federal environmental reviews has translated to faster Federal Energy Regulatory Commission approvals of gas infrastructure projects, commissioners told a congressional energy panel Tuesday.
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February 03, 2026
IRS Floats Clean Fuel Credit Rules With Foreign Restrictions
The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.
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February 03, 2026
Clark Hill Expands Energy, Lobbying Teams With Hinshaw Atty
An attorney with more than 20 years of experience advising clients on energy litigation matters and policy has moved her practice to Clark Hill PLC's Washington, D.C., office after nearly three years with Hinshaw & Culbertson LLP.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 03, 2026
Trump's Iron Ore Pollution Exemption Is Unlawful, Enviros Say
Environmental groups asked a D.C. federal judge to overturn a Trump administration decision to exempt low-grade iron ore processing facilities from new emission standards for mercury and acidic gases, alleging the president abused a provision in the Clean Air Act.
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February 02, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.
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February 02, 2026
Exxon Sued For 'Rockefeller-Style' Ammonia Market Maneuver
Exxon Mobil Corp. was hit with antitrust claims on Monday accusing it of leveraging control over the Gulf Coast's only operating carbon dioxide pipeline to gain dominance in the blue ammonia market.
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February 02, 2026
EPA Slow To Intervene In Flint Water Crisis, Expert Tells Court
A former U.S. Environmental Protection Agency official testified Monday in Michigan federal court that the agency should have intervened in the Flint water crisis a year before issuing its warning over high lead levels.
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February 02, 2026
'Terumo Knew' Of Dangerous Emissions, Jury Told
A pollution expert witness told a Colorado jury Monday in the latest trial over Terumo's alleged emissions of toxic ethylene oxide that the medical sterilizer was fully aware of the community emissions and their danger.
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February 02, 2026
Feds Strike Deals With 630 Plaintiffs In Red Hill Fuel Leak Row
The government has informed a Hawaii federal court it executed settlements with more than 600 civilians in litigation over fuel leaks tied to a since-shuttered U.S. Navy storage facility, and urged a judge to throw out injury claims brought by nearly 1,000 service members.
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February 02, 2026
Offshore Wind Crowns Courtroom Sweep With Sunrise Restart
A D.C. federal judge on Monday lifted the Trump administration's halt of the Sunrise Wind project, the final victory for five East Coast offshore wind farms that all convinced courts to block the government's stop-work orders.
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February 02, 2026
NHTSA To Redo Heavy-Duty Pickup Truck Fuel Economy Rule
The National Highway Traffic Safety Administration told auto manufacturers Friday that it's preparing to retool fuel economy standards for heavy-duty trucks, as the Trump administration presses ahead with its dismantling of Biden-era policies that sought to bolster the adoption of electric-vehicle fleets.
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February 02, 2026
Insurer Ordered To Pay $14.4M To Glass Co. For Tornado Loss
An insurer must pay a glass manufacturer $14.4 million for tornado damage to its Nashville, Tennessee, facility, a federal judge ordered Friday after a jury found the insurer breached its obligations by failing to pay for property damage to certain equipment.
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February 02, 2026
Calif. Lawmakers OK Tax Break For Tribal Land Conservation
Native American tribes in California would be eligible for a property tax exemption for land conservation efforts under a bill approved by lawmakers and headed to Gov. Gavin Newsom.
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February 02, 2026
Town's Northeastern Univ. Land Grab Divides Mass. Top Court
Justices on Massachusetts' highest court appeared split Monday over whether a town's use of eminent domain to prevent Northeastern University from expanding a research center was a proper use of that power.
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February 02, 2026
Blake Cassels Guides Eldorado On $2.8B Foran Mining Deal
Canadian metals producer Eldorado Gold said on Monday it has agreed to acquire Foran Mining in a stock and cash deal valuing Foran at about CA$3.8 billion ($2.8 billion), creating a top gold and copper producer with a diversified asset base across Canada, Greece and Turkey.
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January 30, 2026
DOE-Created Climate Panel Was Unlawful, Judge Rules
A Massachusetts federal judge ruled Friday that the U.S. Department of Energy violated the law when it formed a climate change science advisory panel that environmental groups alleged was created to undermine findings on the harmful impact of greenhouse gas emissions.
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January 30, 2026
Real Estate Attys 'Not Going In Blind' Amid Data Center Boom
The explosion of artificial intelligence has created a sharp demand for new data centers with no signs of slowing down, posing challenges that have some real estate attorneys turning to well-worn playbooks from other industries.
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January 30, 2026
9th Circ. Says DOJ Can Withhold VW Grand Jury Records
The Ninth Circuit on Friday held that the U.S. Department of Justice couldn't be forced to hand over about 6 million Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal, as the government obtained them through a grand jury subpoena.
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January 30, 2026
Trump Says Court Can't Review Rule Delay For Chemical Cos.
The Trump administration has urged a D.C. federal judge to nix a lawsuit by green groups that claim it violated the Clean Air Act by postponing emission standard compliance deadlines for 50 chemical manufacturing facilities, arguing they lack standing since they fail to sufficiently allege injury from all facilities that received exemption.
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January 30, 2026
Mich. Can't Shake Residents' Water Suit Based On Timeliness
A Michigan appellate court has allowed lead contamination claims from Benton Harbor residents to proceed, affirming that state officials did not make clear the level of danger in the city's water system for purposes of starting the clock on the statute of limitations.
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January 30, 2026
Okla. Gov. Challenges AG's Tribal Hunting Policy Opinion
Oklahoma's governor and wildlife department have urged the Oklahoma Supreme Court to give them control over hunting and fishing rights on tribal reservation lands so they can issue state-managed permits, arguing that an opinion by the state's attorney general wrongly says federal law prohibits such permitting.
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January 30, 2026
Feds Say Suit To Block Trump From Painting Building Is Moot
The federal government asked a D.C. federal court to toss a lawsuit seeking to stop President Donald Trump from painting a historic building white, saying the president has already agreed to pause his plan until environmental reviews are completed.
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January 30, 2026
Taxation With Representation: Clifford Chance, Ropes & Gray
In this week's Taxation With Representation, real estate investment trust Apollo Commercial Real Estate Finance Inc. announces plans to sell a loan portfolio to retirement services company Athene Holding Ltd., engineering and technology company Leidos acquires Entrust Solutions Group, and Prosperity Bancshares Inc. and Stellar Bancorp Inc. announce a merger.
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January 30, 2026
Judge Signs Off On Idaho Mine Pollution Settlement
An Idaho federal judge has approved a proposed consent decree calling for two Nu-West companies and the U.S. government to share costs to implement remediation work for a North Maybe Mine site in Caribou County.
Expert Analysis
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Suncor Is Justices' Chance To Rule On Climate Nuisance Suits
If the U.S. Supreme Court chooses to hear Suncor Energy v. County Commissioners of Boulder County, Colorado, it will have the chance to resolve whether federal law precludes state law nuisance claims targeting interstate and global emissions — and the answer will have major implications for climate litigation nationwide, say attorneys at Liskow & Lewis.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise
As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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New 'Waters' Definition Could Bring Clarity — And Confusion
Federal agencies have proposed a new regulatory definition of "waters of the United States," a key phrase in the Clean Water Act — but while the change is meant to provide clarity, it could spark new questions of interpretation, and create geographic differences in how the statute is applied, say attorneys at Bracewell.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.