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Environmental
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January 27, 2026
EPA Says Enviro Groups Lack Standing To Fight Review Rule
The U.S. Environmental Protection Agency said the environmental groups challenging the agency's "project accounting" method for triggering air pollution review at industrial facilities lack the standing to pursue their fight, claiming that the challengers identified no harm at all from the agency's denial of their reconsideration bid.
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February 11, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Consumers Energy Seeks $42M For DOE Order Compliance
Michigan utility Consumers Energy Co. has asked the Federal Energy Regulatory Commission to let it recoup nearly $42 million in costs to comply with a controversial U.S. Department of Energy emergency order to keep a coal-fired power plant running.
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January 27, 2026
EPA Seeks Public Input On Fluoride Health Effects
The U.S. Environmental Protection Agency said on Tuesday that it is seeking the public's input on the health effects from fluoride in water, which it could use to develop changes to the standards for safe levels.
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January 27, 2026
Trump Admin's 'Irrational' Block On Wind Project Lifted
A Massachusetts federal judge on Tuesday lifted a Trump administration freeze on the nearly complete Vineyard Wind offshore energy project, saying the government had likely flouted federal law by failing to explain a "disconnect" between its stated concerns about national security and its willingness to allow completed turbines to continue operating.
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January 27, 2026
Nuke Discharge Law Isn't Preempted, NY Tells 2nd Circ.
New York has told the Second Circuit that a federal judge wrongly concluded that a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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January 27, 2026
NRG, LS Power's $12B Natural Gas Deal Clears DOJ Scrutiny
The U.S. Department of Justice has cleared NRG Energy Inc.'s $12 billion acquisition of 18 natural gas-fired power plants from LS Power in a cash-and-stock deal guided by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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January 26, 2026
Mich. AG's Antitrust Suit Charts New Path For Climate Torts
Michigan Attorney General Dana Nessel's antitrust lawsuit against fossil fuel companies opens a new front in climate change tort litigation, and is a riposte to red states using antitrust law to target pro-climate actions by companies.
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January 26, 2026
10th Circ. Affirms $17M Atty Fee In Gas Well Royalty Case
On the third go around in the Tenth Circuit, a class led by Chieftain Royalty Co. on Monday had its $17.3 million attorney fee award unanimously affirmed for a settlement resolving a gas well royalty dispute, despite objections from two class members.
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January 26, 2026
DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims
A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.
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January 26, 2026
Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight
Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit
Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
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January 26, 2026
Minnesota Appeals Court Won't Toss Climate Change Suit
A Minnesota appeals court on Monday affirmed a lower court's decision not to toss the state's lawsuit alleging that Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels.
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January 26, 2026
Texas Wind Farm Owner Hits Ch. 11 With $108M In Debt
A wind farm owner in North Texas has filed for Chapter 11 protection with $108 million in debt, saying a winter storm in 2021 put it on a path to conflict with a partner in a defunct hedging agreement, with the partner eventually installing leaders to restructure the debtor.
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January 26, 2026
USA Rare Earth Secures $3.1B Of Federal And Private Funding
Mining company USA Rare Earth Inc. on Monday announced that it is set to receive $3.1 billion of new funding through collaborations with the U.S. government and a private investment in public equity funding commitment, in deals shaped by three law firms.
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January 26, 2026
Kansas Refinery Pollutes, Violates EPA Decrees, Suit Says
A proposed class of Coffeyville, Kansas, residents on Monday sued the company behind an oil refinery and fertilizer facility, saying it has been in repeat violation of U.S. Environmental Protection Agency consent decrees as it continues to pollute the environment and, thus, drive up environmental damage and cancer rates.
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January 26, 2026
Canada's Allied Gold Agrees To $4B Sale To China's Zijin Gold
Canadian gold producer Allied Gold said Monday it has agreed to be bought by Zijin Gold International in an all-cash deal valued at about CA$5.5 billion ($4 billion).
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January 26, 2026
Calif. Gaming Org. Fights Tribe's Bid To Join $700M Casino Suit
A District of Columbia federal judge on Monday granted the California Gaming Association's amicus brief bid to oppose a California Indian tribe's potential dismissal motion against another tribe's fight with the federal government over a $700 million casino project in Vallejo, California.
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January 26, 2026
2 Firms Guide Data Center, Grid Parts Builder Seeking $1.5B
Forgent Power Solutions, a manufacturer serving industrial and data center customers, said Monday that it expects to raise an estimated $1.5 billion in an upcoming initial public offering advised by Weil Gotshal & Manges LLP and Latham & Watkins LLP.
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January 23, 2026
Trump Admin's EV Infrastructure Funding Pause Vacated
A Seattle federal judge said Friday that President Donald Trump's administration overstepped its statutory powers and broke federal law by abruptly freezing approved funding for new electric vehicle charging infrastructure last year, vacating the program's suspension and siding with 20 states and environmental groups who challenged the move.
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January 23, 2026
Rivian Can't Ditch Latest Investor Suit Over EV Production
A California federal judge refused Thursday to toss a proposed class action alleging Rivian and its top brass misled investors about its 2023 production capabilities and demand for electric vehicles, rejecting Rivian's arguments that the securities claims cannot proceed in light of the Ninth Circuit's recent Sneed v. Talphera ruling.
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January 23, 2026
Mich. AG Sues Major Oil Co. 'Cartel' Amid Fight With DOJ
Michigan Attorney General Dana Nessel filed an antitrust suit in federal court against BP, Shell, Chevron, Exxon and the American Petroleum Institute on Friday, claiming they conspired to maintain market dominance by steering money away from renewable energy and using a bevy of other tactics including intimidation and information suppression.
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January 23, 2026
Feds' Wind Farm National Security Claim Faces Skepticism
Federal courts aren't buying the Trump administration's argument that construction of offshore wind farms should be halted for national security reasons, with some judges suggesting that the government isn't making its claim in good faith.
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January 23, 2026
Mich. Residents Can Pursue City's Insurer In Lead Water Case
A Michigan federal judge on Thursday allowed a class of Benton Harbor residents a chance to pursue $25 million from the city's insurer over toxic lead levels in municipal water, citing the city's inability to pay settlements and the residents' risk of a "Pyrrhic victory" if they prevail at trial.
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January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute
The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
Expert Analysis
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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.
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Categorical Exclusions Bring New NEPA Litigation Risks
With recent court rulings and executive actions shifting regulatory frameworks around the National Environmental Policy Act — especially regarding the establishment, adoption and use of categorical exclusions to expedite projects — developers must carefully evaluate the risks presented by this altered and uncertain legal landscape, says Stacey Bosshardt at Greenberg Traurig.
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.