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Environmental
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September 04, 2025
Pollution Exclusion Bars Coverage For HOA Stormwater Suit
An insurer has no duty to defend or indemnify a homeowners association against claims that its stormwater drainage system caused flooding and damage to nearby properties, a Georgia federal court ruled, saying a pollution exclusion bars coverage.
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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
Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale
The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.
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September 04, 2025
Solar Co. Mosaic Gets OK For Debt-For-Equity Ch. 11 Plan
A Texas bankruptcy judge Thursday approved residential solar panel financing firm Mosaic's plan to reorganize and hand ownership of its loan servicing business to its secured lender, after no buyers came forward at a Chapter 11 auction.
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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
FERC Nominee Says He Supports Review Of Removal Protections
A Federal Energy Regulatory Commission nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future under President Donald Trump.
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September 04, 2025
Feds Sue SoCal Edison Over Eaton, Fairview Wildfires
The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.
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September 04, 2025
Unions Defend Challenge To Federal Work Safety Agency Cuts
Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."
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September 04, 2025
Wash. Justices To Review Voter Measure Backing Natural Gas
The Washington State Supreme Court has agreed to weigh in on a dispute over a law approved by voters that prevents local governments and code officials in the state from passing rules restricting or discouraging the use of natural gas.
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September 04, 2025
Cube Highways Trust Mulls $600M IPO, Plus More Rumors
Indian infrastructure investment trust Cube Highways Trust is considering a $600 million initial public offering, premium diaper brand Coterie is in talks to be acquired by consumer goods business Mammoth Brands, and European antitrust regulators have reportedly paused their investigation into ADNOC's $17.1 billion acquisition of German chemicals producer Covestro.
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September 03, 2025
Ga. County Can't Recoup Bio-Lab Emergency Response Costs
A Georgia federal judge said a metro Atlanta county can't recover its emergency services expenses in responding to the massive Bio-Lab chemical plant fire last year, but left the door open for the county to win damages from the resulting economic fallout of the disaster.
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
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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
Ex-Latham Atty Who Quit Over Trump Deal Joins Stoel Rives
Former BigLaw associate Sam Wong, who publicly quit Latham & Watkins LLP earlier this year in response to a deal it reached with the Trump administration to avoid executive orders targeting the firm, said he has joined Stoel Rives LLP, where he will be advising clients on energy projects, regulatory matters and more.
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September 03, 2025
Feds Move To Sink Mass. Offshore Wind Farm Approval
The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.
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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
4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case
The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.
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September 03, 2025
Feds Seek $140M Fine For Mich. Energy Co. Over Air Pollution
The federal government on Tuesday advocated for $140 million in penalties for a Michigan energy company the government alleges shares responsibility for air pollution resulting from coke production, while the energy company maintained it tried to comply with the state-issued permit, in briefs filed this week ahead of a bench trial later this month.
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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.
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September 03, 2025
EPA Withdraws Slaughterhouse Water Pollution Rule
The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.
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September 03, 2025
Calif. Senate Panel OKs Property Tax Break For Tribes
Native American tribes in California would be eligible for open space exemptions to property taxes under legislation approved by a state Senate panel that's heading for a final vote.
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September 02, 2025
DC Circ. Says EPA Can Freeze Climate Grant Funds
A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.
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September 02, 2025
Two Unions Fight Trump Order Ending Labor Rights
Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.