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Environmental
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March 27, 2026
Hospital System Beats Most Of REIT's $50M Floodwall Suit
A New York federal judge on March 27 mostly tossed a real estate investment trust's $50 million suit against the New York City Health and Hospitals Corp. and the NYC Economic Development Corp. over the design of a proposed floodwall for a downtown Manhattan life sciences campus project.
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March 27, 2026
$70M Easement Tax Break Sticks After IRS Concedes Lateness
A partnership is entitled to all of its claimed $70 million tax deduction for donating a conservation easement in Louisiana, as the IRS stipulated to missing a notification deadline for disallowing the tax break, according to a decision entered Friday in the U.S. Tax Court.
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March 27, 2026
25 Years Later, Dam Salmon Case Must Stay In Trial Court
A district court judge in Oregon has rejected the federal government's efforts to end decades-long litigation over hydropower dam operations in the Columbia River Basin, saying arguments that the dispute is subject to Ninth Circuit review are unpersuasive and mistaken.
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March 27, 2026
Colo. County Says DOI Skirted Review For Utah Oil Project
A Colorado county has accused the U.S. Department of the Interior of unlawfully fast-tracking the approval of a Utah oil-by-rail transportation expansion project by misusing its emergency authority to bypass meaningful environmental review and public feedback.
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March 27, 2026
DC Circ. Blocks Florida's Wetlands Permitting
A D.C. Circuit panel on Friday upheld a district judge's order invalidating Florida's state-run Clean Water Act permitting program, ruling that federal wildlife agencies unlawfully bypassed key endangered species protections when clearing it.
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March 27, 2026
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Apple hit back at a tech company's wireless charging patent claim, a flurry of businesses bring COVID-19 pandemic insurance claims as a key deadline draws closer and Ipulse Partners LLP file a claim against a luxury yacht company it represented in a trademark dispute. Here, Law360 looks at these and other new claims in the U.K.
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March 26, 2026
Ga. Utility Board Sued Over $15B Power Capacity Deal
A group of environmental and faith-based organizations have sued Georgia's elected utility regulators challenging a more than $15 billion deal with Georgia Power approved last year to increase the capacity of the state's largest electricity provider by nearly 50%.
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March 26, 2026
Enviros To Sue Over Timber Project At Flathead Nat'l Forest
Two environmental nonprofits have notified the Trump administration they will bring a lawsuit against the government over the recently approved West Reservoir timber project at Flathead National Forest, alleging new road building could harm protected wildlife.
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March 26, 2026
Economists Applaud Colombia's Exit From Investor Treaties
American think tank the Center for Economic and Policy Research on Thursday congratulated President Gustavo Petro of Colombia for his decision to break ties with the investor-state dispute settlement system that lets corporations sue governments over lost future profits.
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March 26, 2026
Musk's SpaceX Eyes $75B IPO Raise, Among Other Rumors
The market is anticipating what could be one of the largest initial public offerings ever, after reports this past week indicated that Elon Musk's SpaceX is looking to imminently raise as much as $75 billion.
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March 26, 2026
Exxon Settles Suit Over Cleanup Of Seattle Gas Station Site
Exxon Mobil Corp. has reached a settlement with a Seattle property owner who sought to hold the company liable for cleanup costs at the site of a former gas station, according to a motion approved Thursday by a Washington federal judge.
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March 26, 2026
Baltimore Says 1998 Tobacco Deal Doesn't Block Litter Suit
The city of Baltimore is urging a state court to not throw out its suit against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Liggett Group LLC over the environmental damage caused by nonbiodegradable cigarette filters, saying that a 1998 settlement doesn't preempt its claims.
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March 26, 2026
9th Circ. Reinstates Critical Habitat Designations For Seals
The Ninth Circuit has reinstated critical habitat designations for two Arctic seal species, finding that federal wildlife officials were in line with the Endangered Species Act and were not required to consider foreign conservation efforts or habitats when establishing the regions.
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March 26, 2026
11th Circ. Affirms Slashing Tax Breaks For Conservation Gifts
Two partnerships that claimed tens of millions of dollars in tax deductions for protecting 530 acres in Georgia from development grossly overvalued their contributions and rightfully drew penalties from the Internal Revenue Service, the Eleventh Circuit said in affirming a U.S. Tax Court decision.
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March 25, 2026
ICE Builds Out Detention Centers, And The Suits Pile Up
U.S. Immigration and Customs Enforcement's surging need for detention space — fueled by increased funding and a rapid escalation in enforcement activity — has sparked litigation from local lawmakers and advocacy groups concerned by the agency's full-throttle approach and perceived disregard for surrounding communities.
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March 25, 2026
EV Co. Investors Get Final OK Of $13.3M Deal, Atty Fees
Investors in bankrupt electric vehicle company Arrival have gotten final approval for their nearly $13.3 million deal ending claims the company touted a purportedly profitable business plan as it went public via merger with a special purpose acquisition company only to scale back its projections within a year of the merger announcement.
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March 25, 2026
Tax-Credit Cliff Sparks M&A Rush For Clean Energy
The looming July cutoff to maintain eligibility for clean electricity investment and production tax credits is sparking a dealmaking spree as smaller developers who are unable to meet the deadline begin looking to sell projects to deeper-pocketed players who can.
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March 25, 2026
Truck Makers Say Calif. Can't Ditch 'Clean Trucks' Pact Suit
Heavy-duty truck manufacturers have told a California federal judge that state officials cannot be allowed to circumvent federal law and saddle manufacturers with stringent emissions standards and stiff penalties for noncompliance, saying the Golden State's regulations are unequivocally preempted.
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March 25, 2026
Okla. High Court Says Fed Suit Will Decide Tribal Hunting Row
The Oklahoma Supreme Court denied a bid by the governor to overturn a formal opinion by Attorney General Gentner Drummond that says U.S. law prohibits the state from citing tribal members for hunting and fishing on reservation lands, saying a federal lawsuit in the dispute will settle its legality.
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March 25, 2026
Groups Say Miner, Nonprofit Forum Shop In Chuckwalla Suit
A group of California tribes and conservation nonprofits is accusing a Michigan miner and the BlueRibbon Coalition of venue shopping in their challenge to the establishment of the Chuckwalla National Monument, arguing that the case should be transferred to a district "with an actual stake in the suit."
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March 25, 2026
3 Canadian Law Firms Steer $6.5B Boralex PE Buyout
Brookfield Asset Management and La Caisse have agreed to acquire all of Boralex Inc.'s outstanding shares in a deal that gives the Canadian renewable power producer an enterprise value of CA$9 billion, or about $6.5 billion, according to a deal announcement Wednesday.
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March 24, 2026
'Bowling Ball' Tips Scale To FERC In Gas Project, Judge Says
The Federal Energy Regulatory Commission requirement to strongly presume that projects like the liquefied gas export terminal it recently approved in Louisiana are in the public interest sits like a "bowling ball" on one side of the scales against environmental groups worried about pollution, said a D.C. Circuit judge.
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March 24, 2026
Nevada Tribe, Green Group Join Fight To Save Rare Toad
A D.C. federal judge has granted bids by a Native American tribe and an environmental group to intervene in a Nevada geothermal company's suit challenging the U.S. Fish and Wildlife Service's listing of the Dixie Valley toad as an endangered species.
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March 24, 2026
10th Circ. Backs FERC's Overhaul Of Energy Co.'s Exit Fees
A Tenth Circuit panel denied four petitions for review Tuesday from a not-for-profit energy cooperative serving rural areas after finding that its proposal for member exit fees was properly rejected by the Federal Energy Regulatory Commission and an administrative law judge in a five-year-long dispute.
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March 24, 2026
2nd Circ. Won't Recharge Solar Panel Co. Investor Suit
The Second Circuit won't revive a proposed investor class action alleging solar panel infrastructure company Array Technologies failed to convey the impact of certain heightened costs stemming from the COVID-19 pandemic.
Expert Analysis
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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New Rule Shows NRC Willing To Move Fast To Reform Regs
The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Suncor Is Justices' Chance To Rule On Climate Nuisance Suits
If the U.S. Supreme Court chooses to hear Suncor Energy v. County Commissioners of Boulder County, Colorado, it will have the chance to resolve whether federal law precludes state law nuisance claims targeting interstate and global emissions — and the answer will have major implications for climate litigation nationwide, say attorneys at Liskow & Lewis.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise
As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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New 'Waters' Definition Could Bring Clarity — And Confusion
Federal agencies have proposed a new regulatory definition of "waters of the United States," a key phrase in the Clean Water Act — but while the change is meant to provide clarity, it could spark new questions of interpretation, and create geographic differences in how the statute is applied, say attorneys at Bracewell.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.