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Environmental
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December 08, 2025
Feds Ordered To Start Turning Over Climate Panel Documents
A Massachusetts federal judge on Monday ordered the Trump administration to begin complying with a request by two environmental advocacy groups for records of an ad hoc panel convened by the U.S. Department of Energy, ahead of an anticipated decision to vacate a 2009 finding that greenhouse gases are endangering human health.
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December 08, 2025
EPA Wants Suit Over Refiners' Hydrogen Fluoride Use Tossed
The U.S. Environmental Protection Agency asked a California federal judge to throw out a suit aiming to force it to stop oil refineries from using hydrogen fluoride, saying the groups behind it rely on speculative hypotheticals to allege harm.
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December 05, 2025
Fed. Circ. Questions Whether Ingevity Can Duck $85M Verdict
The Federal Circuit spent Friday morning debating whether Ingevity Corp.'s argument that it should be immune from an $85 million antitrust verdict holds water because the chemical and carbon product maker thought it was enforcing its patent rights, even though the jury said it was illegal tying.
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December 05, 2025
Ex-Derailment Deal Admin Faces Irked Judge In Contempt Bid
The ex-administrator of Norfolk Southern's $600 million settlement over the East Palestine, Ohio, derailment met skepticism as it admitted to a federal judge Friday that it had made some mistakes in distributing funds, but denied class counsel's key contention that $120 million for personal injury claims had to be divided evenly among all the claimants.
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December 05, 2025
Nuclear Waste Storage Worries Too Hypothetical, Justices Told
A company licensed to temporarily store nuclear waste urged the U.S. Supreme Court to reject a challenge to a condition in its license application to contract with the U.S. Department of Energy once Congress allows it.
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December 05, 2025
6th Circ. Partially Overturns EPA's Detroit Ozone Ruling
The Sixth Circuit reversed a U.S. Environmental Protection Agency determination that the Detroit area meets federal air quality standards, ruling Friday that the state of Michigan failed to implement federally required air pollution controls.
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December 05, 2025
Jet Fuel Leak Sparks $2M Suit Against Air Force
A California general contractor hired to perform drainage work at Travis Air Force Base is seeking $2.17 million over the alleged retaliatory termination of its contract after the business reported the military's discharge of jet fuel into Union Creek.
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
Berry Grower Sues Norfolk Southern Over Drifting Weed Killer
Toxic herbicides sprayed along sections of Norfolk Southern Railroad Co. track in Georgia are drifting into a commercial blueberry grower's adjacent property and damaging its crops, the grower said in a new federal suit.
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December 05, 2025
Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz.
An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit.
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December 05, 2025
US Magnesium Creditors Again Ask Judge To Nix Ch. 11 Loan
US Magnesium's unsecured creditors committee has once again urged a Delaware bankruptcy judge not to give final approval to the former magnesium producer's $10 million Chapter 11 loan, saying it only benefits US Magnesium's secured lenders and parent company.
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December 05, 2025
Calif. Tribal Water Rights Bill Seeks $500M Fund Approval
California tribal members and two of the state's water management agencies are urging Congress to pass a bill that would establish a $500 million trust fund and transfer 2,742 acres of Bureau of Land Management property as part of a settlement agreement following more than a decade of litigation.
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December 05, 2025
Holland & Knight Adds Ex-House Speaker's Adviser In DC
Holland & Knight LLP has added the former senior policy adviser and counsel to Speaker of the House Mike Johnson, R-La., as a public policy and regulation practice group partner.
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December 04, 2025
DC Circ. Wary Of Russia's Immunity Claim In $250M Award Fight
A D.C. Circuit panel expressed skepticism during oral arguments Thursday that Russia can avoid paying more than $250 million in arbitral awards owed to Ukrainian power and gas companies after the seizing of Crimea based on an argument that an exception to sovereign immunity doesn't apply.
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December 04, 2025
9th Circ. Says Species' Competing Interests Impact ESA Cases
The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action.
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December 04, 2025
US, Tribes Ask High Court To Uphold Michigan Fishing Pact
Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari."
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December 04, 2025
MVP: Sidley's Justin Savage
Sidley Austin LLP partner and environmental practice group co-leader Justin Savage's recent accomplishments include the pro bono defense of a client accused by the federal government of installing devices in vehicles meant to defeat emission control laws and helping an Ohio petroleum refiner resolve pollution allegations, earning him a spot among the 2025 Law360 Environmental MVPs.
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December 04, 2025
Environmental Groups Sue EPA Over Methane Rule Delay
Environmental groups are challenging a final rule the U.S. Environmental Protection Agency published Wednesday to extend a number of compliance deadlines for methane pollution control requirements, calling it an unlawful handout for oil and gas companies.
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December 04, 2025
KKR-Led Group Sells Stake In Tokyo Hotel, Plus More Rumors
A group led by private equity behemoth KKR sold its stake in a luxury Tokyo hotel for $800 million, Blackstone is considering dropping its bid for British self-storage company Big Yellow Group, and Australian metals and mining company BHP Group offered to buy British mining company Anglo American for £40 billion ($53 billion) before nixing its offer.
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December 03, 2025
Chemours Monopolizing Refrigerant Market, Court Told
DuPont spinoff The Chemours Co. FC LLC is clutching on to monopolistic control of the refrigerant gas market in order to fend off a competitor's emerging gas reclamation business, the competitor's counsel told a North Carolina federal court in a Wednesday hearing.
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December 03, 2025
NY Judge Won't Nix Madagascar Plant Award
A New York federal judge has enforced an approximately $4 million arbitral award relating to a soured Madagascan power plant project, rejecting power developer Symbion and R.W. Chelsea Energie Ltd.'s assertions that the award should be nixed because the arbitrator allegedly disregarded key evidence.
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December 03, 2025
Seatrium Fights Maersk's Wind Farm Contract Termination
A Singapore-headquartered energy engineering company has initiated arbitration proceedings against a Maersk Offshore Wind affiliate over a terminated $475 million deal, saying it breached their contract for a turbine installation vessel at a wind farm project off the coast of New York.
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December 03, 2025
Camp Lejeune Plaintiffs Want Base's Muster Roll Info
Veterans and family members suing over injuries from toxic water at Camp Lejeune have urged a North Carolina judge to compel the federal government to produce muster rolls for the base, saying the government has refused to give up the information with no explanation.
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December 03, 2025
Trump Admin Moves To Undo Biden-Era Fuel Economy Rules
The Trump administration on Wednesday proposed to unwind Biden-era fuel economy standards for cars and light trucks, claiming they unlawfully force a transition from gasoline-powered vehicles to electric ones.
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December 03, 2025
Commerce Told To Justify Accepting Korean Exporter's Math
The U.S. Department of Commerce must better explain why it decided to use a Korean exporter's calculations without adjustments in an antidumping duty review, the U.S. Court of International Trade said in an opinion remanding the government's determination.
Expert Analysis
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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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.