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Environmental
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February 05, 2026
News Orgs Urge 1st Circ. To Reject Lobster Industry Libel Suit
The New York Times, The Atlantic and other national news media organizations have asked the First Circuit to sink a defamation suit by lobster fishermen over a conservation group's warning not to eat lobster because of the purported impact on an endangered whale species.
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February 04, 2026
Albright Axes Texas' Anti-ESG Law As Unconstitutional
Texas' law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels is both "overbroad and unconstitutionally vague," a federal judge has ruled, handing a sustainability-focused business group a summary judgment victory.
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February 04, 2026
Exxon, Shell Say Oil Cos. Can't Be Sued For Wash. Heat Death
Fossil fuel giants including Exxon Mobil and Shell pressed a Washington state judge Tuesday to toss a first-of-its-kind lawsuit over a 2021 Seattle heat wave death, saying the plaintiff family cannot use Evergreen State law to extract damages from oil corporations for harm allegedly caused by more than a century of global greenhouse gas emissions.
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February 04, 2026
PacifiCorp Urges Appeals Court To Scotch Broad Fire Liability
The power utility PacifiCorp argued to an Oregon appeals court Wednesday that broad-brush trial evidence and class certification issues require overturning a 2023 verdict that made the company liable to property owners for wildfires around the state on Labor Day 2020.
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February 04, 2026
NY, NJ Sue Feds Over Hudson River Tunnel Funding Pause
New York and New Jersey have accused the U.S. Department of Transportation of unlawfully withholding $15 billion to fund the rehabilitation of aging commuter train tunnels under the Hudson River, saying the government did not give a valid reason for the decision.
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February 04, 2026
Wash. Tribes Sue Feds Over $240M Of Salmon Hatchery Funds
Two tribes in Washington state have sued the National Oceanic and Atmospheric Administration and other federal agencies on claims the government unfairly told them they weren't eligible to apply for $240 million of Pacific salmon hatchery funds under the Inflation Reduction Act.
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February 04, 2026
JetBlue Hid Toxic 'Bleed Air' Fumes, Flight Attendant Says
JetBlue Airways Corp. is accused of engaging in a decades-long cover-up to downplay or conceal the health risks of onboard "fume events" that subject flight crews and passengers to toxic engine air, according to a flight attendant's lawsuit in North Carolina state court.
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February 04, 2026
EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told
The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.
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February 04, 2026
Eversheds Sutherland Hires Paul Hastings Trial Pro
Eversheds Sutherland announced that it has added a partner to its litigation practice group, who joins the firm from Paul Hastings LLP fresh off the heels of guiding Prologis Inc. through a three-month jury trial in Los Angeles County Superior Court.
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February 04, 2026
Loeb & Loeb To Guide SPAC's Merger With Packaging Co.
Loeb & Loeb LLP is advising a special purpose acquisition company on its proposed combination with Taiwan-based packaging solutions company Deluxe Technology Group, according to an announcement on Wednesday.
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February 04, 2026
Ex-Pentagon GC Joins Bradley Arant's National Security Team
Bradley Arant Boult Cummings LLP has hired the former legal adviser to the National Security Council, who is joining the team in Nashville, Tennessee, and Washington, D.C., to work with the firm's Government Enforcement & Investigations and Defense & National Security teams, the firm announced Tuesday.
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February 04, 2026
Ex-NJ Enviro Chief Credits Lawyering For Successes
When he departed his job as an environmental lawyer at Gibbons PC to serve as New Jersey's environmental regulator in 2018, Shawn LaTourette showed up equipped with both public service and private practice experience in navigating the Garden State's notorious pollution.
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February 03, 2026
Feds Look To Trim Cross-Claims In Yellowstone Bison Suit
The Interior Department has asked a Montana federal judge to toss the Cottonwood Environmental Law Center's challenge to the government's bison population management plan in Yellowstone National Park, saying it does not have a legally protectable interest in the case.
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February 03, 2026
J&J Beats Proposed Class Action Over Band-Aid PFAS
A New Jersey federal judge on Monday tossed claims by a proposed class of consumers alleging that Kenvue Inc. and Johnson & Johnson hid the presence of a group of chemicals known as PFAS in Band-Aid products, saying the consumers hadn't shown that they were harmed.
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February 03, 2026
Insurer Must Defend Church Against Lead Exposure Suit
Cincinnati Insurance Co. has a duty to defend a church from allegations it negligently exposed children to lead, a Tennessee federal judge ruled Tuesday, finding a pollutant-related exclusion in its professional liability coverage does not apply to lead.
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February 03, 2026
Greenberg Traurig, Latham Steer Arko Petroleum's $200M IPO
Arko Petroleum revealed plans on Tuesday to sell shares of its common stock at an estimated $18 to $20 per share via an initial public offering, teeing it up to raise $200 million at midpoint, guided by Greenberg Traurig LLP and Latham & Watkins LLP.
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February 03, 2026
FERC Members Say High Court Helped Speed Up Gas Reviews
The U.S. Supreme Court's landmark decision last year that curtailed federal environmental reviews has translated to faster Federal Energy Regulatory Commission approvals of gas infrastructure projects, commissioners told a congressional energy panel Tuesday.
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February 03, 2026
IRS Floats Clean Fuel Credit Rules With Foreign Restrictions
The Internal Revenue Service released long-awaited proposed regulations Tuesday clarifying how domestic transportation fuel producers can qualify for the clean energy fuel tax credit under changes made by Republicans' 2025 budget law, including new foreign restrictions on business owners and feedstock sources.
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February 03, 2026
Clark Hill Expands Energy, Lobbying Teams With Hinshaw Atty
An attorney with more than 20 years of experience advising clients on energy litigation matters and policy has moved her practice to Clark Hill PLC's Washington, D.C., office after nearly three years with Hinshaw & Culbertson LLP.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 03, 2026
Trump's Iron Ore Pollution Exemption Is Unlawful, Enviros Say
Environmental groups asked a D.C. federal judge to overturn a Trump administration decision to exempt low-grade iron ore processing facilities from new emission standards for mercury and acidic gases, alleging the president abused a provision in the Clean Air Act.
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February 02, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.
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February 02, 2026
Exxon Sued For 'Rockefeller-Style' Ammonia Market Maneuver
Exxon Mobil Corp. was hit with antitrust claims on Monday accusing it of leveraging control over the Gulf Coast's only operating carbon dioxide pipeline to gain dominance in the blue ammonia market.
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February 02, 2026
EPA Slow To Intervene In Flint Water Crisis, Expert Tells Court
A former U.S. Environmental Protection Agency official testified Monday in Michigan federal court that the agency should have intervened in the Flint water crisis a year before issuing its warning over high lead levels.
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February 02, 2026
'Terumo Knew' Of Dangerous Emissions, Jury Told
A pollution expert witness told a Colorado jury Monday in the latest trial over Terumo's alleged emissions of toxic ethylene oxide that the medical sterilizer was fully aware of the community emissions and their danger.
Expert Analysis
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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Aligning With EPA's 'Compliance First' Enforcement Policy
To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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2026 Enforcement Trends To Expect In Maritime And Int'l Trade
The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Montana Ruling Reaffirms Record-Based Enviro Analyses
A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.
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How Rule 16.1 Streamlines And Validates Mass Tort Litigation
The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.