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Environmental
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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.
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December 05, 2025
Jet Fuel Leak Sparks $2M Suit Against Air Force
A California general contractor hired to perform drainage work at Travis Air Force Base is seeking $2.17 million over the alleged retaliatory termination of its contract after the business reported the military's discharge of jet fuel into Union Creek.
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
Berry Grower Sues Norfolk Southern Over Drifting Weed Killer
Toxic herbicides sprayed along sections of Norfolk Southern Railroad Co. track in Georgia are drifting into a commercial blueberry grower's adjacent property and damaging its crops, the grower said in a new federal suit.
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December 05, 2025
Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz.
An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit.
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December 05, 2025
US Magnesium Creditors Again Ask Judge To Nix Ch. 11 Loan
US Magnesium's unsecured creditors committee has once again urged a Delaware bankruptcy judge not to give final approval to the former magnesium producer's $10 million Chapter 11 loan, saying it only benefits US Magnesium's secured lenders and parent company.
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December 05, 2025
Calif. Tribal Water Rights Bill Seeks $500M Fund Approval
California tribal members and two of the state's water management agencies are urging Congress to pass a bill that would establish a $500 million trust fund and transfer 2,742 acres of Bureau of Land Management property as part of a settlement agreement following more than a decade of litigation.
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December 05, 2025
Holland & Knight Adds Ex-House Speaker's Adviser In DC
Holland & Knight LLP has added the former senior policy adviser and counsel to Speaker of the House Mike Johnson, R-La., as a public policy and regulation practice group partner.
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December 04, 2025
DC Circ. Wary Of Russia's Immunity Claim In $250M Award Fight
A D.C. Circuit panel expressed skepticism during oral arguments Thursday that Russia can avoid paying more than $250 million in arbitral awards owed to Ukrainian power and gas companies after the seizing of Crimea based on an argument that an exception to sovereign immunity doesn't apply.
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December 04, 2025
9th Circ. Says Species' Competing Interests Impact ESA Cases
The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action.
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December 04, 2025
US, Tribes Ask High Court To Uphold Michigan Fishing Pact
Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari."
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December 04, 2025
MVP: Sidley's Justin Savage
Sidley Austin LLP partner and environmental practice group co-leader Justin Savage's recent accomplishments include the pro bono defense of a client accused by the federal government of installing devices in vehicles meant to defeat emission control laws and helping an Ohio petroleum refiner resolve pollution allegations, earning him a spot among the 2025 Law360 Environmental MVPs.
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December 04, 2025
Environmental Groups Sue EPA Over Methane Rule Delay
Environmental groups are challenging a final rule the U.S. Environmental Protection Agency published Wednesday to extend a number of compliance deadlines for methane pollution control requirements, calling it an unlawful handout for oil and gas companies.
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December 04, 2025
KKR-Led Group Sells Stake In Tokyo Hotel, Plus More Rumors
A group led by private equity behemoth KKR sold its stake in a luxury Tokyo hotel for $800 million, Blackstone is considering dropping its bid for British self-storage company Big Yellow Group, and Australian metals and mining company BHP Group offered to buy British mining company Anglo American for £40 billion ($53 billion) before nixing its offer.
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December 03, 2025
Chemours Monopolizing Refrigerant Market, Court Told
DuPont spinoff The Chemours Co. FC LLC is clutching on to monopolistic control of the refrigerant gas market in order to fend off a competitor's emerging gas reclamation business, the competitor's counsel told a North Carolina federal court in a Wednesday hearing.
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December 03, 2025
NY Judge Won't Nix Madagascar Plant Award
A New York federal judge has enforced an approximately $4 million arbitral award relating to a soured Madagascan power plant project, rejecting power developer Symbion and R.W. Chelsea Energie Ltd.'s assertions that the award should be nixed because the arbitrator allegedly disregarded key evidence.
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December 03, 2025
Seatrium Fights Maersk's Wind Farm Contract Termination
A Singapore-headquartered energy engineering company has initiated arbitration proceedings against a Maersk Offshore Wind affiliate over a terminated $475 million deal, saying it breached their contract for a turbine installation vessel at a wind farm project off the coast of New York.
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December 03, 2025
Camp Lejeune Plaintiffs Want Base's Muster Roll Info
Veterans and family members suing over injuries from toxic water at Camp Lejeune have urged a North Carolina judge to compel the federal government to produce muster rolls for the base, saying the government has refused to give up the information with no explanation.
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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.
Expert Analysis
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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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.