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Environmental
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November 26, 2025
Forest Council Backs Feds In Mont. Logging Project Dispute
The American Forest Resource Council is asking a Montana federal court to allow it to intervene in a challenge by a group of environmental nonprofits over a plan to clear-cut 12,331 acres in the Flathead National Forest, saying its members have economic and protective interests at stake.
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November 26, 2025
11th Circ. Urged To Restore Cut To $17M Easement Deduction
The Internal Revenue Service disregarded U.S. Supreme Court precedent in arguing that the U.S. Tax Court was right to slash a partnership's $17 million tax deduction for donating a conservation easement, the partnership told the Eleventh Circuit.
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November 25, 2025
6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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November 25, 2025
Chem Group Rips Colo. Planned Recycling Accounting Ban
A chemistry trade association told a Colorado state court that state health officials' plan to ban certain accounting practices related to chemistry recycling is unlawful and not backed by science.
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November 25, 2025
Lowe's To Pay $12.5M To Settle Lead Safety Allegations
Lowe's will pay $12.5 million as part of a proposed settlement resolving the federal government's claims that its contractors failed to follow certain requirements to minimize lead exposure when renovating older homes, the U.S. Department of Justice and U.S. Environmental Protection Agency announced Tuesday.
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November 25, 2025
Feds Argue No Urgent Harm In Wash. Lake Cleanup Project
The National Oceanic and Atmospheric Administration asked a D.C. federal court to pause an open government advocate's bid for a preliminary injunction in his lawsuit against a lake and estuary restoration project near his residence in Washington state.
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November 25, 2025
Oil Giants Sued Over Climate-Linked Rise In Insurance Costs
The fossil fuel industry spent decades pushing a coordinated disinformation campaign to conceal its central role in climate change, saddling homeowners with a multibillion-dollar increase in insurance costs as disasters grew more frequent and severe, according to a proposed class action filed Tuesday in Washington federal court.
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November 25, 2025
EPA Tells DC Circ. Biden-Era Soot Rule Is Fatally Flawed
The U.S. Environmental Protection Agency has told the D.C. Circuit that its 2024 rule tightening soot pollution standards, which the EPA has been defending in litigation, is legally and scientifically flawed and must be vacated.
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November 25, 2025
Ex-Nikola CEO Milton Can't Decertify Investor Suit
An Arizona federal judge Tuesday rejected former Nikola CEO Trevor Milton's objections to certifying a class of shareholders accusing him and the electric vehicle startup of exaggerating the viability of its prospects, finding the investors have made reasonable progress toward contacting class members.
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November 25, 2025
Sustainability-Focused SPAC Invest Green Raises $150M
Special purpose acquisition company Invest Green Acquisition began trading publicly on Tuesday after raising $150 million in its initial public offering built by Greenberg Traurig LLP, Mourant Ozannes (Cayman) LLP and Pillsbury Winthrop Shaw Pittman LLP.
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November 25, 2025
US, Mexico And Canada Environmental Panel To Meet
The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday.
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November 25, 2025
Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court
The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.
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November 25, 2025
NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights
The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction.
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November 25, 2025
Veralto Nabs In-Situ Water Quality Biz In $435M Deal
Water industry company Veralto on Tuesday announced plans to acquire water quality company In-Situ in a $435 million deal, subject to customary closing adjustments.
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November 25, 2025
Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit
Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.
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November 24, 2025
Monsanto Must Pay $28M Roundup Award, Calif. Court Says
A California appeals court on Monday affirmed a $28 million award against Monsanto for a California man who developed non-Hodgkins lymphoma after using the Bayer AG unit's Roundup weed killer for 20 years.
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November 24, 2025
3 Federal Circuit Clashes To Watch In December
The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.
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November 24, 2025
Vt. Farmers, Enviro Org. Seek Win On Climate Superfund Law
Vermont organic farmers and an environmental group on Friday urged a federal judge to uphold the state's climate change Superfund law, which is being challenged by the Trump administration, red states and fossil fuel industry organizations.
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November 24, 2025
Judge Pushes To Resolve Gaming Status Of $700M Casino
A D.C. federal court judge is asking the federal government and several tribal nations for a report that lays out their positions on the Department of the Interior's reconsideration of gaming eligibility for a $700 million resort-style casino and hotel project in Vallejo, California.
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November 24, 2025
Tax Court Upholds Nix Of $1.9M Deduction Post-Chevron
A Texas couple cannot claim a $1.9 million tax break for farming, the U.S. Tax Court affirmed Monday, saying a U.S. Supreme Court ruling overturning long-standing deference to federal agencies did not invalidate regulations at issue in the case.
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November 24, 2025
NJ Strikes $49.5M Deal Over Pollution At Superfund Site
The New Jersey Department of Environmental Protection has reached a $49.5 million settlement with Pechiney Plastics Packaging Inc., Bristol-Myers Squibb Co., Citigroup Inc. and other companies, resolving the state's long-running natural resource damages suit over extensive groundwater contamination across a 10,000-acre Superfund site, state officials announced Monday.
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November 24, 2025
Insurer Says Bio-Lab Owes $20M For 2024 Chemical Plant Fire
A Hanover Insurance unit is owed more than $20 million from chemical manufacturer Bio-Lab Inc. and its parent companies for past and future payments made to an HVAC supply company whose property was damaged by a chemical plant fire last year, the insurer told a Georgia federal court.
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November 24, 2025
X-energy Raises $700M To Expand Nuclear Reactor Projects
Nuclear reactor maker X-energy Reactor Company LLC, advised by Latham & Watkins LLP, on Monday revealed that it wrapped its latest funding round after receiving $700 million from investors.
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November 21, 2025
Trump's DHS, FEMA Barred From Withholding Disaster Funds
A California federal judge on Friday issued a preliminary injunction barring President Donald Trump's administration from threatening to withhold $350 million in funding for disaster and emergency response, ruling that a coalition of localities are likely to prevail in their suit challenging the administration.
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November 21, 2025
Calif. Parks Dept. Violated ESA, Judge Rules In Bird Case
The California Department of Parks and Recreation is violating the Endangered Species Act by allowing vehicles on a beach that's home to threatened snowy plovers, resulting in injury and death to the shorebirds and loss of habitat, a federal judge ruled.
Expert Analysis
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.