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Environmental
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February 26, 2026
Co. Says $1.3B Gov't Fire Retardant Deal Props Up Monopoly
A Texas-based fire retardant company is accusing the U.S. Forest Service of inking an anticompetitive contract with a competitor valued at more than $1.3 billion, telling the Federal Claims Court this week that the contract creates a "perpetual monopoly" at taxpayers' expense.
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February 26, 2026
PacifiCorp Hit With $305M Verdict For Oregon Fire
Multnomah County jurors have awarded a $305 million verdict to 16 people who sued electric power company PacifiCorp for damages stemming from a Santiam Canyon fire in Oregon.
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February 26, 2026
Judge Orders Dam Spill To Protect Columbia River Salmon
An Oregon federal judge has ordered tailored changes to hydropower dam operations in the Columbia River Basin to protect endangered salmon and steelhead, saying that as a decades-long dispute continues, the guaranteed tribal treaty resource is "disappearing from the landscape."
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February 26, 2026
Feds Seek To Pause Fight Over Stopping Empire Wind Project
The Trump administration has asked a D.C. federal judge to pause litigation challenging its stoppage of the Empire Wind offshore wind project, a move opposed by the project's developers, who previously persuaded the judge to lift the stoppage.
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February 26, 2026
BlueScope Turns $11B Bid Down But Still Open To Talks
Australia's BlueScope Steel Ltd. on Thursday said a revised roughly AU$15 billion ($11 billion) takeover proposal from SGH Ltd. and Steel Dynamics Inc. does not adequately reflect the company's valuation, but it remains open to further discussions.
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February 26, 2026
Longtime Civil Rights Attorney Joins DiCello Levitt In DC
DiCello Levitt has added a former Hausfeld LLP international human rights lawyer who has practiced for 20 years and has represented survivors of the Darfur genocide and families seeking the recovery of Nazi-confiscated artwork.
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February 26, 2026
Vanguard Will Pay $29.5M To Settle Red States' ESG Suit
The Vanguard Group Inc. will pay $29.5 million to settle claims brought by several conservative states accusing it and other large asset managers of driving up coal prices by pressuring publicly traded energy companies to lower their output to meet carbon emission reduction goals.
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February 26, 2026
Feds Ask For Early Win In Forest Service Timber Targets Suit
The government is seeking summary judgment in a lawsuit alleging the U.S. Forest Service failed to consider emissions from its logging program's anticipated timber sales, telling a D.C. federal judge that the plaintiffs' claims are moot after the 2025 budget reconciliation bill set new goals directly.
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February 25, 2026
EPA's Cancellation Of Solar Program Is Illegal, States Say
A coalition of states has urged a Washington federal court to bar the U.S. Environmental Protection Agency from clawing back roughly $3 billion in federal funding for solar energy projects, arguing it can't rescind funds already obligated.
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
BP Says Wash. 'Odors' Suit Smells No Better 2nd Time Around
BP Products North America Inc. again urged a Seattle federal judge to reject a putative class action over fumes from the petroleum company's Cherry Point Refinery in Blaine, Washington, arguing the two named plaintiffs are poor representatives of the proposed class.
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February 25, 2026
BLM Nom Faces Sen. Committee Heat Over Public Lands Stance
President Donald Trump's nominee to lead the U.S. Bureau of Land Management on Wednesday faced tough questions from a Senate energy panel over prior comments he made that advocated for selling off large swaths of public lands.
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February 25, 2026
Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown
Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.
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February 25, 2026
Mass. Town Targets Georgia-Pacific, Honeywell In PFAS Suit
A Massachusetts town has sued several industrial paper manufacturers in federal court, seeking to force the companies to pay for removal of forever chemicals that have contaminated the local water supply.
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February 25, 2026
Winston & Strawn-Led SPAC Mozayyx Prices Upsized $261M IPO
Special purpose acquisition company Mozayyx Acquisition Corp. began trading publicly on Wednesday after raising $261 million in its upsized initial public offering.
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February 25, 2026
Engie To Buy UK Power Networks At $21.4B Enterprise Value
French electric utility Engie said Wednesday it has agreed to acquire UK Power Networks, a top British electricity distribution operator, for an equity value of £10.5 billion ($14.2 billion) and an enterprise value of £15.8 billion, which is about $21.4 billion.
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February 25, 2026
Squire Patton Boggs Adds Senior Interior Dept. Counsel
Squire Patton Boggs LLP said Wednesday that it is growing its Washington, D.C., office with the addition of a public lands and energy expert who spent the last year at the U.S. Department of the Interior following a string of in-house legal and government affairs positions.
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February 25, 2026
Builders Lose Bids To Toss NJ Town's Suit, DQ Counsel
A New Jersey state judge refused to dismiss a municipality's challenge to a neighboring borough's controversial waterfront development and declined to disqualify O'Toole Scrivo LLC as plaintiffs' counsel, finding that the defendants failed to show an ethical conflict.
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February 25, 2026
Feds Sue Mich. Exotic Pet Dealer Over Inspections
The U.S. Department of Justice sued an exotic pet dealer in Michigan that sells animals including Swedish ducklings and spotted hyenas, alleging that the company repeatedly refused to allow federal inspectors to check on the animals' well-being in violation of the Animal Welfare Act.
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February 24, 2026
6th Circ. Affirms Dismissal Of Sotera Toxic Gas Investor Suit
The Sixth Circuit on Tuesday affirmed a lower court's dismissal of an investor lawsuit accusing Sotera Health Co. of concealing the carcinogenic nature of a gas used at its sterilization plants, finding Sotera did not make any actionable false or misleading statements to investors.
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February 24, 2026
DC Circ. Presses Gov't On Reason For $20B EPA Clawback
The full D.C. Circuit gave the federal government the third degree Tuesday as it tried to convince the court that it should stick with a panel's decision that the Environmental Protection Agency is allowed to freeze $20 billion in grant funds intended for green groups.
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February 24, 2026
Enbridge Opposes High Court Exam Of Mich. Immunity Claims
Enbridge Energy is urging the U.S. Supreme Court not to examine the Michigan governor's sovereign immunity claims as it fights her decision to revoke a pipeline easement, arguing she has sought to "manufacture" a conflict in federal precedent.
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February 24, 2026
4th Circ. Nixes Tree Farm Plans For Va. Golf Community
The Fourth Circuit on Tuesday found that a Virginia Beach, Virginia, residential community for seniors can restrict a company from planting over a centerpiece golf course with trees, in a dispute that escalated after the company put up a "spite fence" and banned walking on the course.
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February 24, 2026
Mich. Judge Bars 'Hearsay' Testimony In Flint Water Trial
A Michigan federal judge on Tuesday sharply limited the scope of testimony in the Flint water trial from a regional counsel for the U.S. Environmental Protection Agency, ruling the attorney may not serve as a "conduit for hearsay" or narrate events he learned through preparation for a deposition.
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February 24, 2026
11th Circ. Clears Path For CFPB's Clean-Energy Loan Rule
The Eleventh Circuit on Tuesday allowed the Consumer Financial Protection Bureau's new rule on clean-energy home improvement loans to take effect next week, rejecting a last-ditch attempt by a trade group to block the Biden-era measure's mortgage-style protections.
Expert Analysis
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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Locations, Permits And Power Are Key In EV Charger Projects
To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
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Series
Trivia Competition Makes Me A Better Lawyer
Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.
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State And Int'l Standards May Supplant EPA's GHG Rule
The U.S. Environmental Protection agency's recent repeal of its 2009 finding that greenhouse gases endanger public health will likely increase regulatory uncertainty, as states attempt to fill the breach with their own regulatory regimes and some companies shift focus to international climate benchmarks instead, say attorneys at ArentFox Schiff.
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Clarifying A Persistent Misconception About Settlement Talks
An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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Tick, Tock: Maximizing The Clock, Regardless Of Trial Length
Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.
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How Cos. Can Prepare For Calif. Recycling Label Challenges
California's S.B. 343 turns recycling labels from marketing shorthand into regulated claims that must stand up to scrutiny with proof, so companies must plan for the Oct. 4 compliance deadline by identifying every recyclability cue, deciding which ones they can support, and building the record that defends those decisions, says Thierry Montoya at FBT Gibbons.
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How AI Data Centers Are Elevating Development Risk In 2026
As thousands of artificial intelligence data center constructions continue to pop up across the U.S., such projects must be treated not as simple real estate developments, but as infrastructure programs where power, supply chains and technology integration all drive both schedule and risk, say attorneys at Cozen O’Connor.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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What NY's GHG Reporting Program Means For Oil, Gas Cos.
New York's new Mandatory Greenhouse Gas Reporting Program represents a significant compliance regime for the oil and gas industry, so any business touching the state's fuel market should determine its obligations, and be prepared to gather data, create a monitoring plan and institute controls for accurate reporting, say attorneys at White & Case.
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Opinion
Justices' Monsanto Decision May Fix A Preemption Mistake
In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.