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Environmental
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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.
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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.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.