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Environmental
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October 28, 2025
Kirkland, V&E Steer Close Of EnCap's $2B Continuation Fund
Energy investor EnCap Investments LP, advised by Kirkland & Ellis LLP and Vinson & Elkins LLP, on Tuesday announced that it wrapped fundraising for a continuation vehicle meant to continue its partnership with PennEnergy Resources LLC after securing more than $2 billion in capital commitments.
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October 28, 2025
US Partners With Westinghouse For $80B Nuke Plant Buildout
The Trump administration on Tuesday announced it will partner with nuclear technology manufacturer Westinghouse Electric Co. to build at least $80 billion worth of new reactors in the U.S. to support and accelerate the development of data centers and artificial intelligence.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 27, 2025
Oregon Tribes, Feds Settle With Cos. In Pollution Dispute
A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River.
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October 27, 2025
Families Back Experts In Heavy Metal Baby Food MDL
Families swung back Friday at bids to disqualify their experts in multidistrict litigation consolidated over claims that baby foods made by Gerber, Nurture and Beech-Nut contain heavy metals, telling a California federal judge that their experts' opinions are backed by a wealth of scientific data and that it's time to set bellwether trials.
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October 27, 2025
NY Judge Orders State Agency To Issue Climate Regulations
A New York state judge on Friday sided with green groups that sued the Department of Environmental Conservation for failing to promulgate regulations implementing a climate change law that the agency says would burden residents with high costs.
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October 27, 2025
Minerals Co. Brass Settles Investor Suit Over Gov't Contract
Compass Minerals International's leadership has reached a settlement in a shareholder derivative suit accusing them of hiding signs that the company would not be able to renew a lucrative supplier relationship with the U.S. Forest Service.
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October 27, 2025
Developer Says Calif. Law Targets Its Santa Barbara Project
The developer behind a housing project in Santa Barbara, California, sued the city and state in federal court, claiming a new state law is unconstitutional because it unfairly singles out its development for additional review under the California Environmental Quality Act.
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October 27, 2025
DOE's Wright Extends Order To Keep Md. Oil Plant Running
U.S. Secretary of Energy Chris Wright has extended an emergency order keeping an oil-fired power plant in Maryland running through year's end, citing reliability concerns raised by regional grid operator PJM Interconnection LLC.
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October 27, 2025
Skadden, Gibson Dunn Steer $40B Public Water Utility Merger
American Water Works Co. and Essential Utilities said Monday that they have agreed to an all-stock merger that will unite the two major regulated water and wastewater providers into a $40 billion public utility.
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October 27, 2025
Grand Rapids Airport Fights PFAS Suit Split In 6th Circ.
An airport authority for Grand Rapids, Michigan, has urged the Sixth Circuit to undo a ruling separating its third-party claims against firefighting foam manufacturers from the state's environmental contamination lawsuit against the local agency, arguing the federal government's requirements for the airport to use certain foam should keep the entire case together in federal court.
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October 27, 2025
Estate Agrees To Settlement In $50M Solar Co. Tax Row
The estate of a former business associate of solar company owners caught in a $50 million tax fraud agreed to settle with a receiver appointed to collect company assets, according to a Utah federal court order, bringing the yearslong collection effort spanning dozens of settlements closer to an end.
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October 27, 2025
Exxon Sues Calif. Over Climate Disclosure Laws
Exxon Mobil Corp. is suing California over state laws the company says violate its First Amendment rights by forcing it "to serve as a mouthpiece" for ideas it disagrees with, including that large companies are uniquely responsible for climate change.
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October 27, 2025
NC Lot Owners Fight $1.45M Fee Assessment After Helene
Property owners in a private gated community in the mountains of North Carolina are suing to block a $1.45 million special assessment levied by the property association to pay for damage caused by Hurricane Helene.
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 24, 2025
Mining Co. Denied Access To Tribal Docs In Minn. Land Row
A Minnesota federal magistrate judge has denied a request for discovery by Northshore Mining Co. against the Fond du Lac Band of Lake Superior Chippewa Indians in the tribe's lawsuit over a land exchange, saying the tribe did not cause any unreasonable delays that require discovery.
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October 24, 2025
Bulgaria Will Fight $71M Energy Award OK At DC Circ.
Bulgaria will ask the D.C. Circuit to review a ruling enforcing a €61 million ($70.9 million) arbitral award issued to a renewable energy investor, in which a D.C. federal judge dismissed its jurisdictional objections as "nothing more than a latinized" version of an argument already rejected by the appeals court.
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October 24, 2025
Judge Won't Block Empire Wind Project
A D.C. federal judge declined to stop work on an 80,000-acre offshore wind project off the New York and New Jersey coasts Friday, saying the nearby residents challenging the project failed to show that the windfarm would injure migratory bottlenose dolphins.
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October 24, 2025
Spain Must Pay €13M Renewable Award, DC Court Hears
A D.C. federal court is being asked to disregard a Swedish appellate court's decision setting aside a nearly €13 million ($15.1 million) arbitral award against Spain that was originally issued to a Luxembourgian renewable energy investor and to enforce the award instead.
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October 24, 2025
Admin Of $600M Derailment Deal Accused Of 'Alarming' Errors
Class counsel who inked a $600 million derailment settlement with Norfolk Southern called on an Ohio federal judge to revoke nearly $10 million in fees paid to the case's prior settlement administrator after an initial audit found "alarming, large-scale errors" in its claims management.
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October 24, 2025
DOE's Wright Urges FERC To Boost Data Center Grid Access
U.S. Department of Energy Secretary Chris Wright is pressing the Federal Energy Regulatory Commission to enact rules to speed up the connection of data centers to the grid, claiming the agency has the federal authority to do so.
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October 24, 2025
Minn. Court Backs Insurer In Hail Damage Coverage Dispute
A Hanover Insurance unit has no duty to cover a Minnesota school district for hail damage to the roofs of both its schools, a Minnesota federal court ruled, finding an exclusion barring coverage for "cosmetic damage" applied.
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October 24, 2025
Judge Backs DOI, Calif. Tribe In $21M Waste Lease Dispute
A federal judge has given a quick win to the U.S. Department of the Interior and a California tribe in a challenge by a waste management company over a decision to cancel its 25-year project lease, saying the determination was not arbitrary or capricious.
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October 24, 2025
Taxation With Representation: Latham, Wachtell, Gibson Dunn
In this week's Taxation With Representation, Meta announces a joint venture with Blue Owl Capital to fund the development of a data center campus in Louisiana, private equity giants acquire medical technology company Hologic Inc., and National Fuel Gas Co. buys CenterPoint Energy Inc.'s Ohio natural gas utility business.
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October 24, 2025
Talks On Shipping Carbon Price Continue Despite Plan's Delay
The United Nations' maritime agency continued talks on the details of a global carbon price plan for shipping this past week despite the recent postponement of the plan amid U.S. opposition, experts taking part in the process said Friday.
Expert Analysis
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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.
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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.