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Environmental
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December 10, 2025
11th Circ. Urged To Undo Atty Docs Disclosure In Peru Case
Florida attorneys representing more than 1,000 Peruvian lead refinery workers in a toxic exposure action urged the Eleventh Circuit on Wednesday to overturn an order requiring the disclosure of documents related to former cocounsel in a foreign criminal proceeding, saying the files are protected by attorney-client privilege.
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December 10, 2025
Supreme Court Urged To Deny Alaska's Fishing Regs Petition
The U.S. and tribal associations are asking the Supreme Court to deny the state of Alaska's petition that seeks to reverse a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, arguing that any intervention in the dispute should come from Congress.
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December 10, 2025
Tribunal Tells Ecuador To Pay $221M In Chevron Case
An international tribunal in The Hague said the Republic of Ecuador must pay nearly $221 million to the Chevron Corp. in connection to a decades-long dispute over pollution in the Amazon.
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December 10, 2025
V&E-Advised Geothermal Co. Wraps $462M Funding Round
Geothermal power company Fervo Energy, advised by Vinson & Elkins LLP, revealed Wednesday that it closed an oversubscribed Series E funding round after raising $462 million in capital, which will be used to boost the company's growth.
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December 10, 2025
Feds Fight Bid To Reopen Years-Old Montana Bison Dispute
The federal government is fighting a motion by a neighborhood group to reopen a six-year-old dispute over a Yellowstone National Park bison management operation plan for additional environmental review, telling a Montana court that the decisions and documents challenged in the case are no longer operative.
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December 09, 2025
Smucker Pet Food Buyers Near Cert. In PFAS Disclosure Fight
A California federal judge said Tuesday he's inclined to certify a class of consumers who allege The J.M. Smucker Co. failed to disclose risks of so-called PFAS forever chemicals in pet-food packaging contaminating kibble, telling counsel during a hearing that many issues Smucker raises "are better addressed on the merits."
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December 09, 2025
Florida Bill Seeks To Shield Landowners From Pollution Suits
A Florida lawmaker has introduced a bill that would add hurdles to those looking to sue over pollution damages caused by old phosphate mines, giving property owners a new defense to avoid strict liability claims.
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December 09, 2025
FERC's Fate Uncertain As Humphrey's Executor Teeters
The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.
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December 09, 2025
NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal
New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.
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December 09, 2025
Cummins Investors Ink $1.6M Deal Over Emissions Fraud Suit
Engine manufacturer Cummins Inc. and its investors asked an Indiana federal court to approve a $1.6 million deal that will end claims that the company hurt investors by hiding emissions control devices in certain engines, causing it to owe $2 billion in payments to regulators to settle Clean Air Act claims.
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December 09, 2025
Latham Adds Energy Ace From Kirkland In Houston
Latham & Watkins LLP has strengthened its mergers and acquisitions and private equity practice with a Houston-based partner who came aboard after more than a decade with Kirkland & Ellis LLP.
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December 08, 2025
Trump's 'Unlawful' Freeze Of Wind Projects Gets Blocked
A Massachusetts federal judge Monday blocked President Donald Trump's executive order indefinitely pausing permits for wind farm projects, ruling that the order was arbitrary and capricious and contrary to the law.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
What To Do When Jurors Don't 'Trust The Science'
The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.
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December 08, 2025
Court Remands Malaysian Wind Tower Duties For Details
The U.S. Department of Commerce must detail certain decisions in a countervailing duty administrative review of a Malaysian utility wind tower producer, according to a Court of International Trade opinion that partially remanded the government's determination for further explanation.
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December 08, 2025
3 Firms Advise Antero Natural Gas Asset Buy From HG Energy
With Vinson & Elkins LLP, Latham & Watkins LLP and Kirkland & Ellis LLP advising, natural gas company Antero Resources Corp. announced an expansion Monday by paying $2.8 billion for assets from HG Energy, while an affiliate reached a separate $1.1 billion acquisition deal with the privately held company.
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December 08, 2025
EPA Asks Judge To Let Solar Energy Funding Cuts Stand
The U.S. Environmental Protection Agency told a Washington federal district court that its decision to freeze funding for a low-income solar energy program should stand while states pursue a lawsuit to free up the money.
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December 08, 2025
Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot
A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.
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December 08, 2025
Calif. Tribe Looks To Nix Suits Against $700M Casino Approval
A California tribe is asking a D.C. federal court to dismiss three challenges to a U.S. Department of the Interior decision to place 160 acres into trust for its $700 million hotel and casino project, arguing that the consequences of denying its intervention in the litigation would be "grave and severe."
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December 08, 2025
Feds Ordered To Start Turning Over Climate Panel Documents
A Massachusetts federal judge on Monday ordered the Trump administration to begin complying with a request by two environmental advocacy groups for records of an ad hoc panel convened by the U.S. Department of Energy, ahead of an anticipated decision to vacate a 2009 finding that greenhouse gases are endangering human health.
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December 08, 2025
EPA Wants Suit Over Refiners' Hydrogen Fluoride Use Tossed
The U.S. Environmental Protection Agency asked a California federal judge to throw out a suit aiming to force it to stop oil refineries from using hydrogen fluoride, saying the groups behind it rely on speculative hypotheticals to allege harm.
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December 05, 2025
Fed. Circ. Questions Whether Ingevity Can Duck $85M Verdict
The Federal Circuit spent Friday morning debating whether Ingevity Corp.'s argument that it should be immune from an $85 million antitrust verdict holds water because the chemical and carbon product maker thought it was enforcing its patent rights, even though the jury said it was illegal tying.
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December 05, 2025
Ex-Derailment Deal Admin Faces Irked Judge In Contempt Bid
The ex-administrator of Norfolk Southern's $600 million settlement over the East Palestine, Ohio, derailment met skepticism as it admitted to a federal judge Friday that it had made some mistakes in distributing funds, but denied class counsel's key contention that $120 million for personal injury claims had to be divided evenly among all the claimants.
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December 05, 2025
Nuclear Waste Storage Worries Too Hypothetical, Justices Told
A company licensed to temporarily store nuclear waste urged the U.S. Supreme Court to reject a challenge to a condition in its license application to contract with the U.S. Department of Energy once Congress allows it.
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December 05, 2025
6th Circ. Partially Overturns EPA's Detroit Ozone Ruling
The Sixth Circuit reversed a U.S. Environmental Protection Agency determination that the Detroit area meets federal air quality standards, ruling Friday that the state of Michigan failed to implement federally required air pollution controls.
Expert Analysis
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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.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.