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Environmental
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July 29, 2025
OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair
Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
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July 29, 2025
EPA Proposes Ditching GHG Danger Finding In Tailpipe Rule
The U.S. Environmental Protection Agency on Tuesday proposed repealing an Obama-era finding that greenhouse gases endanger people's health and all vehicle emissions standards that relied upon that finding.
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July 29, 2025
Ford Settles Proposed Class Action Over Emissions Warranty
Ford has settled a putative class action accusing it of violating the unfair competition law by failing to provide an emissions warranty for Golden State drivers whose vehicle transmissions weren't covered for seven years or 70,000 miles, according to a notice filed in California federal court.
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July 29, 2025
NC Engineer Says Green Energy Co. Withheld Stock Options
A former engineer at a North Carolina climate technology company sued his ex-employer, claiming the company and its board refused to let him exercise his stock options after he left for another green energy business.
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July 29, 2025
Calif. Allows Retroactive Tax Exclusion For Solar Property
California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.
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July 29, 2025
Judge Wants Docs On Feds' Role In Fla. Detention Center Suit
A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.
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July 29, 2025
5 Firms Lead $2.48B Sale Of Piedmont Natural Gas' Tenn. Biz
Duke Energy on Tuesday announced plans to sell its Piedmont Natural Gas Tennessee local distribution business to natural gas company Spire Inc. in a $2.48 billion all-cash deal that was built by five law firms.
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July 29, 2025
Judge Says Tug Operator Estate Liable For $14M Cleanup Bill
A Washington federal judge ruled that the estate of a tugboat master is jointly and severally liable for about $14.4 million of oil cleanup costs the U.S. government incurred after a derelict fishing vessel being towed ran aground on the California coast.
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July 29, 2025
Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds
A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.
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July 28, 2025
Patent Damages Explode As Practice Areas See Wild Swings
Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.
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July 28, 2025
Apache Women Look To Block Arizona Site's Destruction
A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.
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July 28, 2025
Rincon Band Says NEPA Reform Proposal Is Bad Idea
The Rincon Band of Luiseño Indians says projects under the FCC's jurisdiction have historically "failed to adequately identify and assess historic properties of cultural and religious significance to Tribal Nations" and a proposal to loosen National Environmental Policy Act rules will make things only worse.
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July 28, 2025
Florida's AG Announces 'Climate Cartel' Investigation
Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.
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July 28, 2025
Hawaii Fights Back Against US Bid To Block Climate Suit
Hawaii on Friday asked a federal judge to throw out the Trump administration's "extraordinary and unprecedented" effort to block the state's climate change lawsuit against major energy companies.
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July 28, 2025
BLM Kills Biden-Era Policy Docs For Oil Drilling In Alaska
The U.S. Bureau of Land Management on Monday rescinded three Biden-era actions that aimed to restrict development activities in Alaska's National Petroleum Reserve.
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July 28, 2025
Utilities Can Join 4th Circ. FERC Grid Policy Fight
The Fourth Circuit said Friday that environmental groups, municipal utilities and electricity cooperatives, among many others, can intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.
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July 28, 2025
Fla. Says Tribe Can't Join Detention Center Row, Feds Shrug
The Florida Division of Emergency Management's chief is objecting to the Miccosukee Tribe of Indians' effort to join green groups' legal fight against an immigration detention center constructed in the Everglades.
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July 28, 2025
Midstream Co. Says Contractor Caused $8M Spill In La.
A Louisiana midstream company has told a Harris County court that a contractor tasked with controlling operations on a frac tank caused an $8 million oil spill, asking the court to order the contractor to reimburse it for the spill.
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July 28, 2025
Insurer Must Cover Runoff Settlement, Auto Co. Says
An automobile auction company told a Texas federal court that a Liberty Mutual unit must indemnify a settlement reached over underlying claims that the company caused storm water runoff in neighboring properties when it cleared several parcels of land for car and machinery storage.
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July 28, 2025
Homeowners, Chubb Settle Water Damage Suit Ahead Of Trial
Illinois homeowners and a Chubb unit agreed to end their dispute over coverage for damage caused by a burst water pipe during an extreme temperature drop, weeks after an Illinois federal court cleared the case for trial, according to a court filing.
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July 28, 2025
KKR Plugs AU$500M Into Australian Renewable Energy Biz
Private equity giant KKR on Monday said that it has agreed to invest AU$500 million ($326.3 million) into Australian renewable energy company CleanPeak Energy to help it grow its distributed energy platform.
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July 25, 2025
Real Estate Recap: Private REITs, Farms, Crypto In Escrow?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.
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July 25, 2025
Calif. Air Board Faces New Suit Over Carbon Fuel Standard
Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.
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July 25, 2025
Solar Developer Claims NC County's Permit Denial Was Biased
A "needlessly and excessively combative" board of county commissioners in North Carolina unconstitutionally blocked a solar energy developer's project based on personal issues, according to the company's lawsuit.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.