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Environmental
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October 08, 2025
Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal
The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
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October 07, 2025
In Latest PacifiCorp Trial, 8 Ore. Fire Victims Seek Damages
The latest PacifiCorp wildfire trial started Tuesday with opening statements describing the fear, displacement and trauma experienced by eight people, including a jewelry maker and a competitive horseback rider.
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October 07, 2025
5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit
A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.
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October 07, 2025
Seattle Marine Site Operator To Pay $1.2M To End CWA Suit
SSA Marine will pour $950,000 into a local watershed upgrade and cover roughly $320,000 in legal fees for an environmental group to end allegations that a Seattle cargo facility dumped pollutant-laden wastewater into the Duwamish River, according to a consent decree filed in Washington federal court.
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October 07, 2025
Puerto Rico Utility Bondholders Pull Out Of Reorg Deal
A group of Puerto Rico Electric Power Authority bondholders Tuesday informed a bankruptcy judge that they were following through on a promise to exit a restructuring agreement and join other bondholders in supporting an alternative bankruptcy plan for PREPA.
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October 07, 2025
Camp Lejeune Litigation Goes On Despite Gov't Shutdown
The consolidated litigation over water contamination at the Camp Lejeune military base will not pause during the federal government shutdown, a North Carolina federal judge ruled, saying that such a halt, for an unknown length, would cause "severe disruptions" in the case and for the "ailing and older" plaintiffs.
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October 07, 2025
Senate Confirms FERC Republican Nominees
The U.S. Senate on Tuesday confirmed President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission, giving the GOP a 3-2 majority at the agency.
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October 07, 2025
Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit
A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.
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October 07, 2025
Mich. Court Scraps Ruling That Affirmed Solar Farm Permit
A Michigan state appeals court tossed a ruling that upheld a township's permit for an Invenergy subsidiary's industrial-scale solar farm, concluding that its board of trustees failed to sufficiently explain or provide a basis for its decision.
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October 07, 2025
Holland & Knight Adds Ex-EPA GC As Team Co-Chair In DC
Tampa, Florida-headquartered Holland & Knight LLP has hired as its new co-chair of the national environmental practice a former Hunton Andrews Kurth LLP partner who served as the U.S. Environmental Protection Agency's general counsel during Donald Trump's first term and as the top attorney in Florida's Department of Environmental Protection.
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October 07, 2025
California Aims To Sink DOJ's 'Egg Prices' Animal Law Case
California, state egg farmers and animal rights groups are asking a federal court to dismiss the U.S. government's lawsuit that seeks to eliminate animal welfare laws that it alleges have contributed to a rise in egg prices.
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October 07, 2025
Calif. Allows Tax Break For Solar Property Until Owner Change
A California property tax exclusion for newly built solar energy systems that is set to end in 2027 will continue to apply until there is a change in a qualifying property's ownership under a bill signed by Democratic Gov. Gavin Newsom.
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October 07, 2025
Brookfield Wraps $20B Energy Transition Fund
Private equity giant Brookfield Asset Management Ltd. on Tuesday revealed that it closed its flagship energy transition fund after securing $20 billion of investor commitments, a feat that the firm says marks the "world's largest private fund" dedicated to the transition to clean energy.
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October 07, 2025
Firefighters' Union Drops PFAS Suit Against Safety Group
A firefighters' union has dropped a 2023 lawsuit in Massachusetts state court accusing a fire safety organization of ignoring the cancer risk of "forever chemicals" in maintaining safety standards that continued to call for their use in firefighting gear.
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October 06, 2025
Paraquat MDL Judge Seeks Answers From Plaintiffs' Atty
The Illinois federal judge presiding over multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease on Monday ordered Aimee Wagstaff of Andrus Wagstaff PC, a former member of the plaintiffs' executive committee, to explain why she's putting on a video conference for other attorneys in the litigation.
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October 06, 2025
2nd Circ. Revives Investors' Green Infrastructure Co. Suit
The Second Circuit on Monday revived a proposed class action against defunct green infrastructure firm Abengoa SA, ruling that details from Spanish criminal proceedings against the firm could be used to claim that the company had defrauded its U.S.-based investors.
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October 06, 2025
Clark Hill Expands Transactions Practice In Denver
Clark Hill PLC on Monday added six attorneys formerly of Burns Figa & Will to its Denver office in a move aimed at expanding the international firm's securities and corporate transactions practice in Colorado.
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October 06, 2025
Unions Ask Court To Save Fed. Workers' Jobs Amid Shutdown
A California federal judge should block the Trump administration from carrying out its threats to use the government shutdown as an occasion to fire another large swath of federal workers, two unions argued, requesting a temporary restraining order that would protect the jobs of the federal workers they represent.
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October 06, 2025
Labor, Energy Groups Challenge EPA's $7B Solar Cancellation
A coalition of the labor and solar energy industry players on Monday alleged the U.S. Environmental Protection Agency violated the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
NC Chamber Says AG Overstepping In DuPont Pollution Suit
The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.
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October 06, 2025
Attys Want Sanctions For Ex-Admin Of $600M Derailment Deal
The attorneys representing a class of residents in and around East Palestine, Ohio, have asked a federal court to let them move ahead with seeking penalties against the former administrator of Norfolk Southern's $600 million derailment settlement.
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October 06, 2025
Justices Won't Revisit Apache Land Exchange Dispute
The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.
Expert Analysis
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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.
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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.