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Environmental
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July 18, 2025
Calif. Sues Trump Admin Over $4B High-Speed Rail Fund Cuts
California's High-Speed Rail Authority hit the Trump administration with an Administrative Procedure Act lawsuit in California federal court Friday, claiming the Federal Railroad Administration's abrupt termination of $4 billion in grants to the electric rail project was arbitrary, politically motivated and based on Trump's "extreme antipathy toward California."
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July 18, 2025
EPA To Lay Off Science Office Workers Amid Reorganization
Scientists performing independent research that often supports regulations intended to protect human health and the environment are set to lose their jobs as the U.S. Environmental Protection Agency eliminates its Office of Research and Development.
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July 18, 2025
Feds Fight Bid To Block Pacific Monument Fishing Permits
The federal government is fighting a bid by conservation groups to vacate a letter by the Trump administration that they say gave the go-ahead for permit holders to commercially fish in a Pacific Coast national monument, arguing it wasn't an agency decision that has any legal rights or obligations.
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July 18, 2025
Interior Process Tweaks Will Further Stymie Wind And Solar
The wind and solar energy industries, already stressed by Trump administration and congressional regulatory and financial restraints, face a new roadblock as the Department of the Interior will increasingly involve its political leadership in project approval process details.
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July 18, 2025
Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits
An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.
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July 18, 2025
Ga. Facility Exposed Workers, Families To Mercury, Suit Says
A group of former employees and contractors, as well as their family members, have filed suit in Georgia federal court over allegations they were exposed to dangerous and harmful levels of mercury at Olin Corp.'s Augusta, Georgia, facility from 1965 forward.
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July 18, 2025
FTC Nixes Exxon-Pioneer, Chevron-Hess Board Ban Deals
The Biden-era Federal Trade Commission settlements clearing Exxon's purchase of Pioneer and Chevron's acquisition of Hess are no more, after the now Republican-controlled agency said there was no need to condition acquisition approvals on banning the CEOs of Pioneer and Hess from the boards of the combined companies.
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July 18, 2025
Texas Court Tosses Cities' Challenge To 'Death Star' Bill
A state appeals court tossed three Texas cities' challenge to a bill nicknamed the "Death Star," writing that they hadn't properly shown they'd be injured by the bill's mandate that state law preempt local ordinances.
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July 18, 2025
Trump Flexes Air Law Power To Delay Compliance Deadlines
President Donald Trump has postponed deadlines to comply with air pollution standards for companies in the coal power, chemical manufacturing, medical sterilization and iron ore industries, relying on special presidential power contained in the Clean Air Act.
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July 18, 2025
Top 5 Energy Decisions Of 2025: A Midyear Report
A game-changing U.S. Supreme Court ruling that could significantly narrow federal environmental reviews of energy projects punctuated a busy first half of 2025 for the industry in the courts. Here are several court decisions that stood out for energy attorneys in the first half of this year.
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July 18, 2025
Snake Spotting Voids OK Of Sprawling Calif. Housing Plan
A federal judge has halted a 314-acre master-planned development in Chico, California, after finding federal officials wrongly concluded in 2020 that the endangered giant garter snake had not been observed on the site despite a sighting of the animal in the area a dozen years prior.
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July 17, 2025
Calif. Tribe Renews $700M Casino Suit With Lobbying Claim
A D.C. federal judge will let a California tribe amend its suit against the U.S. Department of the Interior for axing its eligibility to run a proposed $700 million casino on new claims that a competing tribe successfully orchestrated a politically influential lobbying campaign.
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July 17, 2025
Norfolk Southern Blames Quarry For $2.1M Sinkhole Costs
Norfolk Southern has sued the current and former owners of a Philadelphia-area quarry for more than $2.1 million, alleging Wednesday that their decades of mining operations opened up a sinkhole that caused a 2023 train derailment.
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July 17, 2025
EPA Merging Offices As Reorganization Continues
The U.S. Environmental Protection Agency on Thursday said it's consolidating and shuffling some of its internal offices, including those handling finance and enforcement, the latest in a series of changes and cutbacks at the EPA.
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July 17, 2025
Chevron, Syngenta Can't Get Paraquat Mass Tort Out Of Philly
A Pennsylvania state judge called a request from Chevron and Syngenta to move several paraquat weedkiller cases out of the Philadelphia court's mass tort system for purported greener pastures "daft," defending the system as specifically designed for such litigation.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
Insurer Says Pollution Exclusion Applies To Asbestos Suits
A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies.
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July 17, 2025
NJ Sewer Agency Sued Over $232M Skanska Gas Plant Project
A community group and the city of Newark filed separate lawsuits in New Jersey state court to stop a regional sewerage authority from building a $232 million gas-fired backup power plant in the city, citing the state's Environmental Justice Law.
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July 17, 2025
Neb. Asks Justices To Resolve River Dispute With Colo.
Nebraska is asking the U.S. Supreme Court to resolve its claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.
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July 17, 2025
Pyrophyte's 2nd SPAC Raises $175M To Target Energy Biz
Special purpose acquisition company Pyrophyte Acquisition Corp. II began trading on the public markets on Thursday after raising $175 million in its initial public offering.
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July 16, 2025
Travelers Avoids Bad Faith Claim In Yacht Damage Dispute
A Travelers unit did not act in bad faith when handling a yacht owner's claim for coverage after its yacht was destroyed during Hurricane Irma, a Florida federal court ruled Wednesday, saying, at the time, it was unclear whether Florida law or federal maritime law applied.
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July 16, 2025
FCC Looks To Streamline Regs For Enviro Reviews
The Federal Communications Commission expects to move a plan forward in August that would overhaul its rules for scrutinizing telecom and broadband projects under the National Environmental Policy Act.
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July 16, 2025
9th Circ. Tosses Atty-Farmer's Suit Over USDA Organic Label
The Ninth Circuit on Tuesday upheld a U.S. Department of Agriculture rule allowing farm collectives in the U.S. and other countries to be certified as "organic" under one certificate and not inspected annually, tossing an attorney-turned-Oregon hazelnut farmer's suit alleging Turkish growers were defrauding the system.
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July 16, 2025
FEMA Targeted In 20-State Suit Over Pre-Disaster Grant Cuts
A coalition of 20 states led by Washington and Massachusetts sued the Federal Emergency Management Agency in Boston federal court Wednesday, accusing the Trump administration of illegally cutting off billions of dollars in grants for proactive disaster mitigation projects across the country.
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July 16, 2025
US Fights NY's Bid To Move Climate Superfund Suit Upstate
The federal government is urging a Southern District of New York judge not to transfer its lawsuit challenging the state's climate change Superfund law to the Northern District, where it would join similar litigation filed by several Republican-led states.
Expert Analysis
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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The Risks Of Trump's Plan To Fast-Track Deregulation
A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.