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Environmental
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July 23, 2025
Enviro Groups Slam FAA For SpaceX Review Shortcuts
The Federal Aviation Administration knew SpaceX's plans to restore migratory birds' coastal habitats in the event of an explosion at its Boca Chica, Texas, launch site were inadequate, but allowed the company to bypass a full environmental impact statement nonetheless, environmental groups said Wednesday in D.C. federal court.
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July 23, 2025
North Carolina AG Defends Power To Pursue PFAS Suit
North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.
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July 23, 2025
ICJ Puts Reparations On The Table In Climate Change Case
The International Court of Justice on Wednesday delivered its long-awaited advisory opinion on governments' obligations with respect to climate change, issuing a rare, unanimous decision that opens the door for nations harmed by human-caused greenhouse gas emissions to seek reparations.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
FWS Wrongly Approved Bird-Harming Pesticide, Judge Says
A North Carolina judge on Wednesday revoked the federal government's approval of a pesticide that is toxic to birds for use as an algal bloom control measure at a lake in a wildlife refuge, saying regulators bungled the environmental review.
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July 23, 2025
SEC Asks 8th Circ. To Rule On Abandoned Climate Regs
The U.S. Securities and Exchange Commission asked the Eighth Circuit on Wednesday to decide the fate of Biden-era climate disclosure rules that the agency has said it will no longer defend against challenges brought by Republican-led states and business interests.
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July 23, 2025
7th Circ. Revives Part Of Solar Firm's Panama Grid Suit
The Seventh Circuit on Tuesday largely upheld an Illinois federal judge's ruling that Spanish energy company Avanzalia Solar could not pursue its claims that Goldwind Americas blocked and delayed access to the Panamanian power grid.
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July 23, 2025
No New General Causation Opinions In Camp Lejeune Case
A North Carolina federal judge is limiting the scope of expert opinions in the consolidated litigation over water contamination at Camp Lejeune, saying the plaintiffs' specific causation experts can refer to prior general causation opinions but cannot introduce new general causation opinions.
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July 23, 2025
Trump Publishes AI 'Action Plan' With 90 Policy Proposals
In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.
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July 23, 2025
5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims
The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.
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July 22, 2025
5th Circ. Asks If Fishery Council Guidance Was Ratified
A Fifth Circuit panel pushed multiple commercial fisheries to explain how the adoption of fishing limit recommendations from a council would not count as a ratification and clear constitutional hurdles, saying during oral arguments on Tuesday that the council in question seemingly made a "bottom up data recommendation."
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July 22, 2025
Gov'ts, Tribes Look To Settle Idaho Mining Pollution Suit
The U.S. government, Idaho and a tribal nation are asking a federal judge to approve an unopposed settlement with a phosphate ore mining company over its alleged dumping of hazardous substances within a national forest.
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July 22, 2025
Power Cos., PJM Back FERC Auction Rerun Decision
Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.
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July 22, 2025
Lathrop GPM Adds Partner To Chicago Office
Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.
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July 22, 2025
9th Circ. Rejects Gun Club's Bid For Permitting Cost Coverage
An insurer for a Washington shooting club had no duty to cover roughly $400,000 in costs to secure proper site development permits after county officials won a public nuisance lawsuit against the club, the Ninth Circuit ruled, finding the club can't be covered for its deliberate actions.
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 22, 2025
Sable Aims To Sink Groups' Suit Over Calif. Oil Platforms
Sable Offshore Corp. told a California federal judge that green groups didn't follow proper litigation notice rules, dooming their lawsuit alleging the federal government failed to require the company to update safety and pollution control plans at drilling facilities.
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July 22, 2025
Greenberg Traurig Adds Ex-Miami-Dade Asst. County Atty
Greenberg Traurig LLP has hired an attorney who formerly worked for Miami-Dade and Broward counties to bolster its litigation practice and ability to handle commercial matters.
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July 22, 2025
Ore. Extends Brownfield Development Tax Breaks
Oregon extended its program of local property tax incentives for brownfield development by six years under a bill signed by the governor.
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July 21, 2025
DC Circ. Urged To Leave FERC Project Approvals Alone
Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.
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July 21, 2025
Energy Litigation To Watch In The 2nd Half Of 2025
Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit
The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.
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July 21, 2025
CME Group, NYMEX Dodge Carbon Futures Suit
A New York federal judge has tossed a suit brought by three investment funds against CME Group Inc. and the New York Mercantile Exchange, alleging they improperly interpreted and failed to enforce rules governing carbon offset futures contracts, finding the plaintiffs do not have statutory standing to bring a private right of action under the Commodity Exchange Act.
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July 21, 2025
Judge Allows Calif. Tribe In Casino Suit, Denies Dismissal Bid
A California tribe at the center of a dispute over a decision to take 70 acres into trust for its proposed Sonoma County hotel and casino project can intervene in the litigation, a federal judge said, while finding that the Indigenous nation cannot dismiss the case based on sovereign immunity.
Expert Analysis
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.