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Environmental
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November 18, 2025
Broadband Permit Reforms Survive House Subcommittee
The House Communications and Technology Subcommittee had a productive morning Tuesday, consolidating 28 bills largely related to broadband permitting into seven and passing them along to the full committee for review.
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November 18, 2025
9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws
The Ninth Circuit on Tuesday blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court.
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November 18, 2025
NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe
A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.
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November 18, 2025
Trump Admin May Be Overpromising WOTUS Clarity
The Trump administration says its proposal to shrink the Clean Water Act's reach would reduce regulatory burdens and provide clarity to farmers, homebuilders and other businesses, but it could face court challenges and potential reworking by future administrations.
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November 18, 2025
Fla. Condo Says Insurers Handled Storm Claim In Bad Faith
A group of property insurers acted in bad faith by failing to properly, timely and fairly adjust a claim for damage caused by Hurricane Sally in 2020, the owner of a Pensacola condominium complex told a Florida federal court.
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November 18, 2025
1st Circ. May Nix Trump Funding Freeze In 'Weird' Case
The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.
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November 18, 2025
Romania Says Mining Co.'s $4.4B Claim Can't Be Revived
Romania is fighting against Gabriel Resources' bid to revive its $4.4 billion arbitration claim against the country, saying the mining company's attacks on a tribunal member are "opportunistic," and that his work for a non-governmental organization didn't affect the proceedings' outcome.
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November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions
Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
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November 18, 2025
Judge Questions If Trump's Say-So Makes Wind Edict Legal
A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.
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November 18, 2025
NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement
Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.
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November 17, 2025
Tyson Won't Make Carbon Claims Under Greenwashing Deal
Tyson Foods Inc. has agreed to stop making promises to reach "net-zero" greenhouse gas emissions by 2050 and to sell "climate-smart" beef, according to a settlement filed Monday that resolves greenwashing allegations brought by the Environmental Working Group.
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November 17, 2025
Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling
Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.
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November 17, 2025
AGs Seek To Freeze EPA Solar Grant Funds During Challenge
A coalition of states asked a Washington federal judge to maintain federal money for Solar for All grants during the pendency of their lawsuit challenging the U.S. Environmental Protection Agency's decision to kill the program, arguing that they're likely to prevail on their claims that the agency can't legally claw back funds Congress already obligated.
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November 17, 2025
8th Circ. Affirms Ala. Apt. Owner's $27M Fire Coverage Win
A split Eighth Circuit affirmed Monday an apartment complex owner's $27 million jury award against a Travelers unit in a fire coverage dispute, saying sufficient evidence existed to support the verdict that the presence of microscopic soot constituted "direct physical loss or damage" to property as required by the policy.
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November 17, 2025
Decade-Old Mont. Bison Dispute Spurs Call For Legal Clarity
A neighborhood group is asking a Montana federal district court to declare a 2019 Yellowstone bison management operation plan illegal, arguing that federal agencies are allowing the state to diminish treaty hunting opportunities for Indigenous nations that provide more food for their members.
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November 17, 2025
Tribes Urge Mich. Top Court To Block Enbridge Oil Tunnel
A group of tribes and environmental organizations has urged the Michigan Supreme Court to order a more rigorous environmental review of Enbridge Energy LP's plan for an oil pipeline tunnel beneath the Straits of Mackinac.
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November 17, 2025
Trump Hit With Suit Over Plan To Paint Historic Building
A preservationist law firm filed a lawsuit Friday to stop President Donald Trump from painting over a historic granite office building near the White House, a move it says would permanently alter the structure in violation of government rules.
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November 17, 2025
EPA, Army Corps Float Trimming Clean Water Act Powers
The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad.
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November 17, 2025
Origin Materials Investors Seek First OK For $9M Deal
Investors in sustainable materials maker Origin Materials Inc. have asked a California federal judge to grant the first green light to a $9 million deal in a class action that claims the company and its co-CEO failed to disclose a change in direction in the company's manufacturing plans and a delay in building a new plant.
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November 17, 2025
Justices Seek DOJ's Opinion In Neb.-Colo. River Dispute
The U.S. Supreme Court on Monday asked the federal government to weigh in on Nebraska's request that the justices decide whether Colorado is violating the terms of an agreement that dictates the management of the South Platte River.
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November 17, 2025
EPA Diluted Facility Upgrade Review Regs, DC Circ. Told
Environmental groups have told the D.C. Circuit that the U.S. Environmental Protection Agency unlawfully created a watered-down formula to determine whether modifications to industrial facilities trigger additional air pollution reviews.
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November 17, 2025
Willkie-Led Rockland Clinches 5th Fund With $1.2B In Tow
Willkie Farr & Gallagher LLP-advised private equity shop Rockland Capital announced Monday that it wrapped fundraising for its fifth fund after securing $1.2 billion in investor commitments.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 17, 2025
Eaton Fire Plaintiffs Say Edison Is Delaying Litigation
A group of plaintiffs suing Southern California Edison Co. over the Eaton Fire that began in January is accusing the utility of acting in bad faith by refusing to negotiate in mediation, despite admitting to shareholders that its equipment is responsible for the blaze.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
Expert Analysis
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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What Calif. Insurance Ruling Means For Smoke Damage Limits
As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.