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Environmental
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October 20, 2025
Red States Back Alaska In High Court Fishing Regs Dispute
Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.
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October 20, 2025
Justices Reject Pollution Case In La.'s Black Communities
The U.S. Supreme Court on Monday refused to review the Fifth Circuit's decision to revive a lawsuit accusing a Louisiana local government of steering hazardous industrial facilities into Black communities.
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October 17, 2025
California AG Sues Plastic Bag Makers Over Recycling Claims
California's attorney general on Friday sued three plastic bag manufacturers in state court for allegedly selling nonrecyclable plastic bags despite claiming to meet the Golden State's recyclability standards, but said four other producers agreed to stop sales in the state as part of a settlement resolving similar allegations.
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October 17, 2025
Colorado Landowners Win Class Cert. In Oil Well Cleanup Suit
Colorado landowners accusing the oil and gas company HRM Resources LLC of transferring oil and gas well rights to a now-defunct smaller company in an attempt to avoid cleanup obligations won class certification in Colorado federal court Friday.
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October 17, 2025
8th Circ. Partially Reverses $14.6M Warehouse Damage Award
An Arkansas federal court correctly determined that a manufacturer of vacuum products breached its lease with a warehouse owner by failing to purchase insurance coverage equal to the warehouse property's "full replacement cost," the Eighth Circuit ruled Friday, though partially reversing the court's nearly $14.6 million damages award.
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October 17, 2025
Fla. College Students And Staff Sue Over PFAS Exposure
Floridians who attend, work at or live near the College of Central Florida say that their drinking water has been contaminated with so-called forever chemicals leached from firefighting foam used on campus, according to a suit against 3M and others recently removed to federal court.
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October 17, 2025
Texas Appeals Court Clears River Authority Of Flood Claim
A Texas appeals court found that the San Jacinto River Authority had governmental immunity when it decided to release water from its Lake Conroe reservoir during a hurricane, saying it took a good faith action even though the decision damaged some properties.
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October 17, 2025
Green Biz Group Says Enbridge Exaggerating Pipeline Stakes
An environmental advocacy group made up of Great Lakes businesses told the U.S. Supreme Court on Friday that Enbridge Energy LP and its supporters are overstating claims that shutting down a Michigan segment of one of its petroleum pipelines will threaten energy security.
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October 17, 2025
Congressional Dems Push For No Layoffs At Interior And EPA
Democratic lawmakers are demanding the U.S. Environmental Protection Agency and the U.S. Department of the Interior halt any plans to reduce staff as the federal government shutdown continues into its third week.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Native Policy Roundup: $128M Protects Tribal, Farm Lands
Despite the U.S. government moving into its third week of a shutdown, state and federal lawmakers continue to introduce — and approve — legislation toward advancing Native American rights and sovereignty. Law360 examines some of the state, federal and tribal legislation and policies introduced in the past week
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October 17, 2025
UN Shipping Agency Delays Carbon Price Opposed By US
The United Nations' shipping agency agreed Friday to postpone for one year its plan to introduce a global carbon price, which the U.S. government opposes, having called it a "global carbon tax."
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October 17, 2025
Taxation With Representation: Latham, Kirkland, Wachtell
In this week's Taxation With Representation, the Artificial Intelligence Infrastructure Partnership, MGX, and BlackRock's Global Infrastructure Partners acquire Aligned Data Centers from Macquarie Asset Management and co-investors; Rayonier Inc. and PotlatchDeltic Corp. merge to create a timber and wood products giant; and a Lone Star Funds affiliate acquires industrial processing equipment provider Hillenbrand Inc.
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October 16, 2025
Farmers Urge Wash. Justices To Void Fuel Exemption Regs
A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.
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October 16, 2025
'Good Riddance': Feds Ax Big-Bank Climate Risk Guidance
Federal regulators Thursday moved to scrap a set of Biden-era "principles" that sought to ensure large banks can manage potential balance-sheet risks from climate change, an ending that one Federal Reserve official greeted with a sharp send-off.
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October 16, 2025
MTA Wants Truckers' Congestion Pricing Suit Tossed
New York officials have told a Manhattan federal judge that an amended lawsuit alleging congestion pricing tolls wrongfully discriminate against commercial truckers still doesn't offer any new facts suggesting the tolls are unreasonable or violate federal law, so the lawsuit should be tossed for good.
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October 16, 2025
Judge Asked To Ground Military Training Flight Plan In Mich.
A conservation group has asked a federal judge to halt a proposed expansion of Air National Guard training flights in Michigan, saying the low-level flights will disturb a treasured destination for trout fishing.
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October 16, 2025
States Battle Trump Admin To Recover Solar Program Funds
Attorneys general from across the country are suing the Trump administration for allegedly violating the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 16, 2025
Electric Aircraft Startup Beta Technologies Targets $750M IPO
Electric aircraft and propulsion system manufacturer Beta Technologies has unveiled plans for an estimated $750 million initial public offering, with Kirkland & Ellis LLP advising the company and Davis Polk & Wardwell LLP advising the underwriters.
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October 16, 2025
Trump Taps V&E's Swett As New FERC Chair
President Donald Trump will appoint Vinson & Elkins LLP energy regulatory counsel Laura Swett as chair of the Federal Energy Regulatory Commission, the White House confirmed to Law360 Thursday.
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October 16, 2025
ADNOC's Covestro Buy To Get EU Nod, Plus More Rumors
Abu Dhabi oil giant ADNOC is expected to get a stamp of approval from European regulators for its €14.7 takeover of German chemicals company Covestro; Spanish grid operator Enagas is debating buying a minority stake in French gas operator Terega; and private equity giant Apollo has submitted another bid to acquire pizza chain Papa John's.
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October 15, 2025
11th Circ. Sides With Insurer In Fla. Gas Station Pollution Fight
An insurer for an owner and operator of Florida gas stations owes no coverage for pollution costs stemming from an underground fuel tank leak, the Eleventh Circuit ruled Wednesday, finding the owner failed to properly notify its insurer of a "pollution condition" that could result in an insurance claim.
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October 15, 2025
Meat Industry Fights To Defend Nix Of Slaughterhouse Rules
A meat and poultry industry group has told the Ninth Circuit it opposes green groups' challenge to the federal government's decision to rescind a Biden-era proposal that would have imposed stricter water discharge regulations on slaughtering, processing and rendering facilities.
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October 15, 2025
Judge Sinks Youths' Suit Challenging Trump Energy Orders
A Montana federal judge on Wednesday dismissed a suit by youths seeking to undo President Donald Trump's energy-related emergency orders, saying that it's beyond the power of federal courts to dictate U.S. environmental and energy policy.
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October 15, 2025
FERC Ignored La. LNG Terminal's Enviro Harms, DC Circ. Told
The Federal Energy Regulatory Commission shirked its obligation to evaluate the potential harms of a massive liquefied natural gas export terminal in Louisiana before approving its construction, environmental groups and fishermen have told the D.C. Circuit.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.