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Environmental
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October 10, 2025
Rediscovered Texas Indigenous Site Spurs Preservation Push
The Texas Historical Commission is investigating whether to list an Indigenous Gulf Coast tribal settlement as a historic property or a state antiquities landmark after a local scientist rediscovered what could be part of the tribe's ancestral lands.
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October 10, 2025
Biz Groups, GOP Reps Ask Justices To Sink Colo. Climate Suit
Business groups and over 100 Republican lawmakers are asking the U.S. Supreme Court to reverse a decision by Colorado's top court allowing Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed in state court.
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October 10, 2025
Oklahoma, Tribes Clash Over Hunting, Fishing Sovereignty
Oklahoma's Indigenous nations are speaking out against a state Department of Wildlife Conservation directive that says its game wardens will continue to enforce state law and cite anyone in violation, regardless of tribal citizenship.
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October 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Paddington Bear's creators and Studio Canal sue the company behind Spitting Image, Blackpool Football Club's former owner Owen Oyston bring a fresh claim against the club, and Mishcon de Reya sue a Saudi investment group.
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October 09, 2025
Trade Court Upholds Malaysian Wind Tower Duties
The U.S. Court of International Trade on Thursday upheld the federal government's antidumping review of a Malaysian wind tower exporter, finding the Commerce Department supported its decision to decline the company's recommendations in reaching a final duty rate.
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October 09, 2025
US Wind Fights For Countersuit Against Offshore Project Foes
US Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline.
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October 09, 2025
5th Circ. Says Army Corps Didn't Harm Dolphins In Miss.
A Fifth Circuit panel found the U.S. Army Corps of Engineers' operation of a spillway likely did not cause harm to bottlenose dolphins in the Mississippi Sound, saying Thursday that local governments failed to demonstrate how continued use would harm the marine mammals.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
Judge Tosses San Juan Climate Suit Against Energy Cos.
A federal judge has dismissed San Juan, Puerto Rico's lawsuit linking energy giants' alleged concealment of fossil fuels' effects on climate change to a pair of hurricanes, saying it's indistinguishable from a recently dismissed suit brought by other Puerto Rico municipalities.
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October 09, 2025
Paramount Eyes $60B Warner Bid, And Other Rumors
Paramount Skydance is in talks with private equity firms including Apollo Global Management as it mulls a potential $60 billion bid for Warner Bros. Discovery. Another mega-deal that's further along its path to closing — Mars' $36 billion bid to acquire Kellanova — is set to win European antitrust approval. And Armani has approached potential buyers to sell a minority stake in the first phase of late designer Giorgio Armani's wishes.
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October 09, 2025
FERC Nixes Ban On Pipeline Work During Project Appeals
The Federal Energy Regulatory Commission has scrapped a rule barring construction activities on gas infrastructure projects when approvals are being challenged, saying it's no longer necessary and bogs down the development of needed infrastructure.
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October 09, 2025
Choate-Led PE Shop Clinches $400M Environmental Fund
Environment-focused private equity shop Ecosystem Investment Partners, advised by Choate Hall & Stewart LLP, on Thursday announced that it wrapped its fifth fund with over $400 million of commitments, bringing the firm's total capital raised to nearly $1.5 billion since its 2006 founding.
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October 08, 2025
Defunct Coke Co. To Pay $700K For Skipped Pollution Monitor
A defunct Pennsylvania coal processor will pay the federal government $700,000 in fines after its employees admitted to bypassing pollution controls at an Erie coke plant, according to court records.
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October 08, 2025
Utah Tribe Appeals Denial To Fight $16M Ovintiv Air Deal
The Ute Indian Tribe of the Uintah and Ouray Reservation is appealing a federal district court decision that denied its intervention to challenge a $16 million Clean Air Act consent decree between the U.S. government and Ovintiv USA Inc.
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October 08, 2025
NY AG Cracks Down On Mercury In Skin Lightener Creams
New York Attorney General Letitia James on Wednesday said she has ordered three companies to end their selling of skin lightening creams that contain dangerously high levels of mercury, sometimes up to 30,000 times the legal limit under the state's law.
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October 08, 2025
Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints
A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.
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October 08, 2025
Heritage Coal's Ch. 11 Plan Ignores Enviro Laws, States Say
Maryland, Pennsylvania and the creditors committee of Heritage Coal have objected to its Chapter 11 liquidation plan, telling a Delaware bankruptcy judge that legal releases should be pared down and the states saying it doesn't address their environmental laws.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
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October 08, 2025
Lockheed, CNA Strike Settlement For Coverage Fight
Lockheed Martin Corp. and a CNA Financial Corp. unit have reached a settlement for a coverage dispute related to litigation that accused the aerospace and defense company of environmental contamination in Orlando, Florida, according to court records.
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October 08, 2025
Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal
The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
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October 07, 2025
In Latest PacifiCorp Trial, 8 Ore. Fire Victims Seek Damages
The latest PacifiCorp wildfire trial started Tuesday with opening statements describing the fear, displacement and trauma experienced by eight people, including a jewelry maker and a competitive horseback rider.
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October 07, 2025
5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit
A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.
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October 07, 2025
Seattle Marine Site Operator To Pay $1.2M To End CWA Suit
SSA Marine will pour $950,000 into a local watershed upgrade and cover roughly $320,000 in legal fees for an environmental group to end allegations that a Seattle cargo facility dumped pollutant-laden wastewater into the Duwamish River, according to a consent decree filed in Washington federal court.
Expert Analysis
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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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.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.