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Environmental
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November 17, 2025
EPA, Army Corps Float Trimming Clean Water Act Powers
The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad.
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November 17, 2025
Origin Materials Investors Seek First OK For $9M Deal
Investors in sustainable materials maker Origin Materials Inc. have asked a California federal judge to grant the first green light to a $9 million deal in a class action that claims the company and its co-CEO failed to disclose a change in direction in the company's manufacturing plans and a delay in building a new plant.
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November 17, 2025
Justices Seek DOJ's Opinion In Neb.-Colo. River Dispute
The U.S. Supreme Court on Monday asked the federal government to weigh in on Nebraska's request that the justices decide whether Colorado is violating the terms of an agreement that dictates the management of the South Platte River.
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November 17, 2025
EPA Diluted Facility Upgrade Review Regs, DC Circ. Told
Environmental groups have told the D.C. Circuit that the U.S. Environmental Protection Agency unlawfully created a watered-down formula to determine whether modifications to industrial facilities trigger additional air pollution reviews.
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November 17, 2025
Willkie-Led Rockland Clinches 5th Fund With $1.2B In Tow
Willkie Farr & Gallagher LLP-advised private equity shop Rockland Capital announced Monday that it wrapped fundraising for its fifth fund after securing $1.2 billion in investor commitments.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 17, 2025
Eaton Fire Plaintiffs Say Edison Is Delaying Litigation
A group of plaintiffs suing Southern California Edison Co. over the Eaton Fire that began in January is accusing the utility of acting in bad faith by refusing to negotiate in mediation, despite admitting to shareholders that its equipment is responsible for the blaze.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
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November 14, 2025
Pa. Budget Ends State's Bid To Join Cap-And-Trade Compact
Pennsylvania legislators have announced that their long-awaited 2025 budget included provisions ending the state's bid to join a multistate carbon cap-and-trade compact, mooting years of litigation over whether the credits that fossil-fuel power plants would purchase were a fee or a tax.
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November 14, 2025
Colo. Energy Co. Says It's Out $750K Due To Faulty Meters
A Colorado energy and gas company sued a Canadian company, saying the defendant sold it nearly $750,000 worth of faulty multiphase flow meters and ignored requests for a refund.
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November 14, 2025
Okla. AG, Governor Feud Over Tribal Hunting Enforcement
Oklahoma Gov. Kevin Stitt appointed a special prosecutor to go after Native Americans who hunt or fish on tribal lands without state licenses after Attorney General Gentner Drummond said last month he would not prosecute the cases.
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November 14, 2025
Chamber Asks Justices To Stop Calif. Climate Reporting Laws
Business groups challenging California laws that require large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks have asked the U.S. Supreme Court to prohibit the state from enforcing the statutes during litigation in lower courts.
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November 14, 2025
NC Coastal Erosion Spurs Call For Proactive Flood Coverage
North Carolina's governor and the state insurance commissioner are calling on Congress to pass a bill that would cover homes on the brink of collapsing into the ocean under the National Flood Insurance Program — a problem currently plaguing the state's shoreline, where coastal erosion has claimed 27 homes along the Outer Banks since 2020.
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November 14, 2025
La., Parishes Push To Keep Coastal Suits In State Court
Louisiana and a pair of its coastal parishes have told the U.S. Supreme Court that the Fifth Circuit correctly concluded that their pollution lawsuits against Chevron and Exxon stemming from their World War II-era oil production belong in state court.
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November 14, 2025
Customer PFAS Cases Against Conn. Water Cos. Can Proceed
Connecticut's utility and public health regulators do not have the authority to grant the relief that customers are seeking through two proposed class actions alleging The Connecticut Water Co. and Aquarion Water Co. sold water contaminated with "forever chemicals," a state court judge ruled in declining to dismiss each case.
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November 14, 2025
Camp Lejeune Plaintiffs Say Feds' Overlong Briefs Risk Delays
Attorneys representing Camp Lejeune toxic water litigants are urging a North Carolina federal court to expedite the upcoming set of bellwether cases, saying the government shouldn't be allowed to cause delay through unnecessary and excessive briefs that together are longer than "Moby Dick."
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November 14, 2025
Buchalter Won't Be Sanctioned For 'Hallucinated' AI Citations
An Oregon federal judge has decided not to sanction Buchalter PC and other counsel representing an environmental nonprofit in a trademark infringement dispute for submitting "hallucinated" case citations generated by an artificial intelligence tool, saying he is satisfied with "remedial actions" already done or to be taken.
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November 13, 2025
Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock
Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.
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November 13, 2025
Latin American Trade Deals With US Include Zero Tariff Rates
Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.
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November 13, 2025
EV Makers Tell 1st Circ. Fuel Economy Rule Freeze Unlawful
A coalition of electric vehicle manufacturers and suppliers told the First Circuit that the Trump administration has created a regulatory vacuum by refusing to enforce existing vehicle fuel economy standards, jeopardizing more than $100 million in compliance credits that are essential to the EV industry.
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November 13, 2025
Tribe Scores Early Win Against Michigan Fruit Processor
A Michigan federal judge has ruled that a fruit-processing company illegally discharged millions of gallons of untreated wastewater into wetlands that feed Michigan's Grand Traverse Bay, granting an early win to a Native American tribe and two local environmental nonprofit groups.
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November 13, 2025
Judge Rejects NY Tribe's Bid To Revive Eel-Fishing Rights
A New York federal judge won't reconsider a decision determining that members of the Shinnecock Indian Nation don't have aboriginal eel-fishing rights off Long Island free of state regulatory fees, saying their arguments lack merit and they can't point to any decisions or data that the court overlooked.
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November 13, 2025
Chemours Urges 4th Circ. To Lift River Pollution Injunction
The Chemours Co. FC LLC on Wednesday asked the Fourth Circuit to strike down an injunction blocking the company from continuing to discharge forever chemicals into the Ohio River.
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November 13, 2025
Seaport Developer, Mass. Spar Over $15M Brownfields Credit
The developer of the Echelon Seaport luxury residential complex in Boston's Seaport District and the Massachusetts Department of Revenue have each made their case for a pretrial win in a long-running dispute over a tax credit for an environmental cleanup.
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November 13, 2025
Fuel Excise Tax Is Most Used Carbon Measure, OECD Says
Fuel excise taxes are the most common measure aimed at curbing greenhouse gas emissions, according to a report released Thursday by the Organization for Economic Cooperation and Development, which noted that these provisions covered 24% of 79 countries' emissions in 2023.
Expert Analysis
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.