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Environmental
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December 03, 2025
Trump Admin Moves To Undo Biden-Era Fuel Economy Rules
The Trump administration on Wednesday proposed to unwind Biden-era fuel economy standards for cars and light trucks, claiming they unlawfully force a transition from gasoline-powered vehicles to electric ones.
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December 03, 2025
Commerce Told To Justify Accepting Korean Exporter's Math
The U.S. Department of Commerce must better explain why it decided to use a Korean exporter's calculations without adjustments in an antidumping duty review, the U.S. Court of International Trade said in an opinion remanding the government's determination.
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December 03, 2025
Enviro Advocates' Challenge To Forest Service Rule Tossed
A Virginia federal judge on Wednesday tossed conservation groups' challenge to a U.S. Forest Service rule that allows some projects to avoid more extensive environmental review, saying the organizations failed to prove an "imminent" injury.
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December 03, 2025
Flint Water Case Judge Not Convinced EPA Hid Witnesses
A Michigan federal judge on Wednesday wasn't convinced that Flint residents seeking damages from the U.S. Environmental Protection Agency over its response to the city's water crisis could yet show the agency intentionally failed to catalog identities of confidential informants the residents want to depose.
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December 03, 2025
MVP: Kelley Drye's William J. Jackson
William J. "Bill" Jackson, co-chair of both Kelley Drye & Warren LLP's environmental law and environmental litigation sections, led a first-of-its-kind series of bench trials between the state of New Jersey and multiple E.I. du Pont de Nemours entities, earning him a spot as one of the 2025 Law360 Environmental MVPs.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
9th Circ. Asked To Reconsider Idaho Land Swap Decision
The U.S. Department of the Interior and J.R. Simplot Co. are asking the Ninth Circuit to reconsider a decision to invalidate an Idaho land transfer for the expansion of a phosphogypsum plant, arguing that the panel's conclusion flouts Supreme Court precedent and defies federal land management policy's text and central aim.
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December 02, 2025
9th Circ. Judges Doubt EPA's Pesticide Ban Review Timeline
Ninth Circuit judges suggested during a hearing Tuesday that a petition by green groups to force the U.S. Environmental Protection Agency to take action on banning organophosphate pesticides may be premature, but each panel judge also expressed concerns the EPA lacks a clear timeline on banning pesticides found harmful.
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December 02, 2025
DuPont Can't Shake $1B PFAS Pollution Suit In NJ Appeal
A New Jersey appeals court on Tuesday shut down a bid by E.I. du Pont de Nemours and Chemours to toss a suit brought by a small Garden State town seeking $1 billion for the cleanup of forever chemical contamination at a former manufacturing plant, ruling that the town has standing to bring the suit.
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December 02, 2025
Monsanto Agrees To $120M Deal Over Ill. PCB Pollution
Monsanto Co. has reached a deal to pay $120 million to the state of Illinois to resolve a lawsuit seeking to hold the company liable for polychlorinated biphenyls pollution into the state's air, water and soil, Illinois Attorney General Kwame Raoul has announced.
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December 02, 2025
Utah Youth Bring Renewed Challenge To Fossil Fuel Permits
A group of 10 young Utah residents have urged a state court to declare that more than 300 of Utah's fossil fuel development permits violate their right under Utah's constitution to enjoy life.
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December 02, 2025
Vapor Evidence Tossed From Causation In Camp Lejeune Suit
A panel of federal judges has excluded evidence of water vapor intrusion from the analysis of causation in the Camp Lejeune water contamination suit in North Carolina federal court, siding with the government in its argument that water vapor is not included in "the water" named in the Camp Lejeune Justice Act.
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December 02, 2025
Nev. Tribe Seeks En Banc Review In $208M Water Rights Suit
A Nevada tribe is asking the Federal Circuit for an en banc panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs, arguing that it misapplied Supreme Court and appellate court precedent concerning the federal government's trust obligations over water rights.
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December 02, 2025
Mich. Faces Uphill Battle To Shake Benton Harbor Suits
Judges sitting on a Michigan appellate panel seemed open Tuesday to allowing lawsuits over lead contamination in the city of Benton Harbor's water system to proceed against the state government, given questions about the state's handling of the situation.
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
US Steel Agrees To Fine Over Monongahela River Oil Slicks
U.S. Steel will pay the Pennsylvania Department of Environmental Protection $135,000 and take several steps to monitor and mitigate discharges of oily, greasy sheens from its Mon Valley Works Irvin Plant into the Monongahela River, the DEP announced Tuesday.
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December 02, 2025
MVP: Hunton's Shannon S. Broome
Shannon S. Broome of Hunton Andrews Kurth LLP helped clients obtain the first design pathway approval for synthetic e-fuel under California's Low Carbon Fuel Standard program and prevail in a key dispute over industrial boiler emission regulations, earning her a spot as one of the 2025 Law360 Environmental MVPs.
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December 02, 2025
Thai Cabinet Backs Carbon Tax, Border Tax, Emissions Trading
Thailand would institute a carbon tax, emissions trading system and carbon-border adjustment mechanism under the country's first comprehensive climate bill, approved Tuesday by the country's cabinet.
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December 02, 2025
Chevron Unit Entitled To $80M In Tax Credits, Tax Court Told
A Chevron subsidiary and chemicals supplier that operates internationally is entitled to more than $80 million in tax credits for energy investments and research related to plastics production, the company has told the U.S. Tax Court in challenging denials by the Internal Revenue Service.
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December 02, 2025
Colo. Hotel Owner Seeks $790K In Storm Damage Coverage
An insurer owes more than $790,000 for damage to a hotel roof during a winter storm and resulting water damage, a Colorado property owner alleged in a suit removed to federal court, saying the carrier unreasonably delayed and denied coverage.
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December 01, 2025
Bayer Gets SG's Support In Supreme Court Roundup Appeal
U.S. Solicitor General D. John Sauer on Monday urged the U.S. Supreme Court to overturn a $1.2 million jury award for a man who claimed that Monsanto's Roundup weed killer caused his cancer, according to a brief filed in response to the justices' request that the government weigh in.
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December 01, 2025
AM Best Says US Home Insurance Market Outlook Is 'Stable'
The U.S. homeowners insurance market is benefiting from a combination of moderating premium growth, reinsurance market stabilization and improved catastrophe risk management practices, global credit rating agency AM Best said Monday, upgrading the outlook for homeowner insurers to "stable" from "negative."
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December 01, 2025
Exxon Loses Renewed Bid To Nix Conn. Climate Suit
Connecticut's attorney general can continue to pursue his lawsuit accusing Exxon Mobil Corp. of knowingly deceiving residents about its sustainability efforts and the harmful climate effects of its fossil fuel sales, a Connecticut state court ruled, rejecting the oil and gas giant's renewed attempt at ending the case.
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December 01, 2025
Latham-Led Targa To Pay $1.3B For Permian Processing Co.
Targa Resources Corp. said Monday it will acquire Stakeholder Midstream LLC for $1.25 billion in cash, adding an extensive gathering and processing, or G&P, system in the Permian Basin to its asset base.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.