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Environmental
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June 24, 2025
State AGs Sue Trump Admin To Stop Billions In Grant Cuts
A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.
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June 24, 2025
5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule
The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.
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June 24, 2025
NC Senate Backs $700M Boost For Hurricane Helene Recovery
The North Carolina Senate has signed off on a proposal to allocate another $700 million to the state's Hurricane Helene Disaster Recovery Fund, including $75 million for road and bridge repairs and $70 million to meet Federal Emergency Management Agency's state matching requirements.
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June 24, 2025
Ohio Derailment Deal Admin Wants Explanation For Ouster
The ex-administrator of Norfolk Southern's $600 million settlement with the people and businesses of East Palestine, Ohio, is asking a federal court to share why it was terminated, saying in filings Monday that the company had no idea the plaintiffs' counsel were going to ask for a new administrator.
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June 24, 2025
Green Group Sues Forest Service Over NH Logging Project
A green group on Monday asked a New Hampshire federal court to strike down the U.S. Forest Service's approval of a White Mountain National Forest logging project that the group said didn't get the proper environmental review.
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June 24, 2025
Alaska Must Challenge Tribe's Gaming Hall In Home State
The state of Alaska must challenge federal approval for an Alaska Native tribe's gaming hall on its home turf and not in Washington, D.C., a D.C. federal judge ruled.
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June 24, 2025
Pollution Exclusion Applies Without Exception, AIG Unit Says
An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.
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June 24, 2025
Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short
Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.
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June 23, 2025
GOP Plan For Merging Agencies Faces Reckoning, And Alarm
The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.
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June 23, 2025
Trump Admin Rescinds Clinton-Era 'Roadless' Logging Rule
U.S. Secretary of Agriculture Brooke L. Rollins announced Monday that she was rescinding the longstanding "Roadless Rule" limiting the number of roads built in national forests, calling the 2001 rule "outdated," contrary to the "will of Congress" and an obstacle to "common sense management of our natural resources."
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
Permit Delays Out Of Hand, Telecom Biz Tells Interior Dept.
Telecom providers are still having a tough time getting federal permits approved for broadband projects, with the Bureau of Land Management causing severe delays, the industry's main trade group told the U.S. Department of the Interior.
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June 23, 2025
Green Groups Urge DOI To Force Companies To Plug Wells
Conservation groups on Monday urged the Trump administration to block oil and gas companies with unplugged wells and inactive platforms from securing new offshore drilling rights, accusing the government of letting the companies use the ocean as their junkyard.
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June 23, 2025
NY Tribe Says Feds Ignore Public Health In Sanitation Fight
The Saint Regis Mohawk Tribe has asked a New York federal court to order the Indian Health Service to turn over its authority to maintain sanitation facilities to the tribe, arguing that part of the IHS's public health mission is to ensure clean water and functioning sewage systems.
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June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row
An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
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June 23, 2025
NJ Justices Greenlight Renewed Bid For Roundup Mass Tort
The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.
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June 23, 2025
Kennedys Expands With Litigators In Philly, Midwest
Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.
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June 23, 2025
Coal Processing Co. Admits To Bypassing Pollution Controls
The now-defunct Erie Coke Corp. has pled guilty to criminal violations of the Clean Air Act at its former lakefront facility, federal prosecutors have announced.
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June 20, 2025
Science Research Funding Cuts Blocked By Mass. Judge
A Massachusetts federal judge Friday prohibited the Trump administration from cutting certain National Science Foundation research funding associated with facilities and administrative costs, ruling that the policy runs afoul of multiple laws and the government hasn't adequately explained its reasoning.
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June 20, 2025
San Antonio Pushes To Repair Park Amid Tribal Dispute
The city of San Antonio has asked the Fifth Circuit to lift a stay on a tribal appeal after the Texas Supreme Court answered a question about a state law addressing religious practices, arguing that the high court's opinion rules out two Native Americans' claims.
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June 20, 2025
EPA Told To Explain Its Crop-Based Fuel Standards
The D.C. Circuit on Friday returned a mixed opinion on challenges from green groups to the U.S. Environmental Protection Agency's 2023-2025 renewable fuel standards, upholding the agency's volume-setting process but ruling that its climate change analysis was arbitrary and capricious under the Clean Air Act.
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June 20, 2025
2nd Circ. Backs Chubb's Win In $49M Sandy Coverage Fight
The Second Circuit on Friday cemented a Chubb unit's win in a decade-long dispute over a chocolatier's bid for an additional $49 million in coverage for Superstorm Sandy losses, affirming a decision denying the chocolatier's requests to set aside a jury verdict or hold a new trial.
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June 20, 2025
Ga. County Seeks Extension Of Feds' Sewer Update Deadline
Georgia's DeKalb County has again asked a federal judge for more time to come into compliance with a federal consent decree requiring it to upgrade its sewer systems, arguing that recent assessments of the project have made the decree's timeline "substantially more onerous."
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June 20, 2025
Mich. Says Feds Can't Block AG's Climate Tort Suit
The Trump administration's lawsuit to block Michigan from suing fossil fuel companies for climate harms is based on guesswork about a hypothetical lawsuit and should be dismissed, Michigan argued Friday.
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June 20, 2025
Attys Face Sanctions For 'Sweeping' Copying Of Firm's Motion
A California federal judge has ordered The Neil Jones Food Co.'s defense counsel to explain why she shouldn't sanction them for filing a dismissal motion that appears to plagiarize a losing motion filed by another firm in another case in the district, slamming the "sweeping copy and paste" conduct as "patently unacceptable."
Expert Analysis
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.