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Environmental
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August 01, 2025
EPA Beats Coolant Cos.' Challenge To HFC Regs
The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
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August 01, 2025
Taxation With Representation: Skadden, Wachtell, Latham
In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.
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July 31, 2025
CSX Settles Derailment Suit With NC Mine On Eve Of Trial
CSX Transportation Inc. has agreed to settle its multimillion-dollar lawsuit against a North Carolina sand and gravel mine over a 2018 derailment during Hurricane Florence that destroyed its locomotives, ending the litigation just one week before trial was set to begin.
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July 31, 2025
11th Circ. Says 'Urban Cowboy' Can Amend Taken Horses Suit
A divided Eleventh Circuit on Thursday granted a Georgia man whose horses were seized by Atlanta-area authorities a fresh shot at amending a lawsuit over the seizure, with the majority saying the lower court wrongly found that amending the suit was futile under the Fifth Amendment's takings clause.
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July 31, 2025
'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict
A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.
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July 31, 2025
Tribe Can Join Fight Against 'Alligator Alcatraz,' Judge Says
A Florida federal judge has allowed the Miccosukee Tribe of Indians of Florida to intervene in a lawsuit filed by green groups against the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades after the tribe argued the facility poses a direct threat to its livelihood.
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July 31, 2025
State Regulators Push FERC To Nix $22B Grid Projects Plan
Several state utility regulators have urged the Federal Energy Regulatory Commission to reject a regional grid operator's $21.8 billion transmission development plan, saying the plan's benefits are overstated and wrongly forces them to subsidize the clean energy goals of other states.
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July 31, 2025
Eco Oro Wants Colombia Mining Damages Claim Revived
Armed with new counsel, Eco Oro Minerals Corp. said Thursday it will look to revive its damages claim against Colombia after an international tribunal found that the country had breached an underlying treaty by blocking the Canadian precious metals company's mining project to protect surrounding wetlands.
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Anadarko Asks 5th Circ. To Back La. Suit Indemnity Win
Anadarko Petroleum Corp. has asked the Fifth Circuit to uphold its indemnification win against an environmental remediation company in connection with a decade-old Louisiana kickback suit, writing that "one who makes his own bed must lie in it."
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July 31, 2025
Oil Exec Was Defamed, Wrongly Placed On Leave, Suit Says
The former CEO of an oil and gas company in Colorado has filed a complaint in state court against the company and its current CEO, claiming he was put on administrative leave without being informed of his alleged misconduct and was defamed by the new top executive.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Sunnova Cleared To Sell Assets To Lenders In Ch. 11
Solar panel business Sunnova Energy International Inc. secured a Texas bankruptcy judge's blessing Thursday to sell almost all of its assets to a group of lenders for about $118 million.
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July 30, 2025
GHG Regs Rollback Would Test Clean Air Act Interpretation
The U.S. Environmental Protection Agency's proposal to eliminate a pillar of climate change regulation could test the agency's — and courts' — interpretations of Clean Air Act language that has remained largely unquestioned since the Obama administration.
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July 30, 2025
8th Circ. Tosses Ruling Striking Binding NEPA Regulations
The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.
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July 30, 2025
EPA Extends Compliance Deadlines For Methane Control Rule
The U.S. Environmental Protection Agency is extending certain compliance deadlines for a Biden-era rule that imposed sweeping new methane control requirements for oil and gas infrastructure.
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July 30, 2025
Calif. Tribe Says 70-Acre Casino Land Fight Must Continue
The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.
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July 30, 2025
Wash. Condo Group Seeks $10M In Water Damage Coverage
A condominium association said its Country Financial insurers must provide coverage for an estimated $10.4 million in hidden water damage, telling a Washington federal court the insurers have failed to make a coverage determination in the two years since the association submitted its damage claim.
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July 30, 2025
Buddhist Group's Suit Against Everglades Project Advances
A Florida Buddhist center's suit against an Army Corps of Engineers project in the Everglades will continue after a district court judge determined the center plausibly argued that the potential impacts of the project's construction didn't become clear until at least 2022.
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July 30, 2025
Trump Official Denies Shutting Down FEMA Disaster Program
The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.
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July 29, 2025
Oil Co. Misled Investors Prior To $295M Offering, Suit Says
Oil and gas company Sable Offshore Corp. is facing a proposed investor class action alleging the company hurt investors by overpricing a secondary public offering after misrepresenting it had restarted oil production at a field off the coast of California.
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July 29, 2025
9th Circ. Urged To Rehear Alaskan Willow Project Ruling
Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.
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July 29, 2025
Affirmed Energy Says FERC Unlawfully Cut Auction Rights
Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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July 29, 2025
11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit
The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States."
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.