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Environmental
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February 13, 2026
Senior Community Says Insurer Owes Millions In Coverage
A Kansas-based senior living community claimed in Colorado federal court that its insurance company failed to pay out what it owed as part of the community's policy after a sprinkler system in the facility burst, causing mass flooding damage to the property.
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February 13, 2026
Feds Resist Sierra Club's Bid To Enforce Border Wall Deal
The U.S. government is opposing the Sierra Club's attempt to enforce a settlement pact concerning borderlands barriers as they fight over the first Trump administration's diversion of federal funds for border wall construction versus environmentalists' claims that the wall impedes wildlife passage.
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February 13, 2026
DOI Looks To Nix Calif. Tribes' Suit Over Real Estate Project
The U.S. Department of the Interior and other federal government parties have urged a D.C. federal court to grant them a quick win in a suit over the approval of a California tribe's 221-acre real estate development project, which includes a casino.
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February 13, 2026
Liberty Unit Seeks Coverage Repayment For Bio-Lab Fire
A Liberty Mutual unit told a Georgia federal court that chemical manufacturer Bio-Lab Inc. and its parent companies owed it for payments it made to a textile business for property damage from a 2024 chemical plant fire.
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February 13, 2026
Fuel Credit Regs Clear Clouds Over Middleman Sales
The U.S. Treasury Department's move to allow domestic clean fuel producers selling to intermediaries to qualify for the production tax credit under newly released proposed rules recognizes the industry's commercial realities and clears up uncertainty that had been hindering the market, practitioners said.
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February 13, 2026
Taxation With Representation: Homburger, Lenz & Staehelin
In this week's Taxation With Representation, offshore drilling contractor Transocean Ltd. acquires rival Valaris Ltd., historic British fund manager Schroders agrees to a cash takeover by U.S. asset manager Nuveen, and a consortium that includes U.S. private equity firm Advent International LP and FedEx Corp. buy Polish parcel locker company InPost.
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February 13, 2026
Creek Nation's Ala. Burial Site Claims Face Dismissal Bids
An Alabama tribe, the Interior Department and Auburn University are asking a federal district court to dismiss an ongoing challenge by the Muscogee (Creek) Nation over a sacred burial site, arguing a lack of standing and sovereign immunity.
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February 13, 2026
'Conjecture' Frees Duke Energy From Climate Change Suit
Duke Energy Corporation was freed from a North Carolina town's novel lawsuit seeking to hold the utility accountable for climate change-related damages after a North Carolina Business Court judge ruled it presented questions that would force a jury into "utter conjecture."
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February 13, 2026
Blair's Think Tank Urges UK Gov't To End Energy Windfall Tax
The U.K.'s Labour government must phase out the windfall tax on the energy industry and lift the ban on new oil and gas drilling licenses in the North Sea to increase revenue long term, the Tony Blair Institute said Friday.
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February 12, 2026
EPA Targets High Court Do-Over With GHG Rule Repeal
The Trump administration's removal of the link between greenhouse gases and public health takes aim at the U.S. Supreme Court's 2007 landmark determination that GHGs are air pollutants, and will spark a prolonged battle with consequent uncertainty for industries.
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February 12, 2026
IRS Guidance Offers Relief In Energy Credits' Sourcing Limits
The IRS issued interim guidance Thursday providing two safe harbor options for clean energy facilities or manufacturers of energy components to determine the extent to which they received material assistance from an entity tied to a foreign government that the U.S. deems adversarial.
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February 12, 2026
Trump Admin EV Funding Cuts Suits Merged In Wash. Court
A Washington federal judge has consolidated two lawsuits seeking to stop the Trump administration from preventing nearly $2.5 billion in congressionally appropriated funds from going to electric vehicle charging infrastructure programs.
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February 12, 2026
Solar Co. PosiGen Control Suit Dismissed In Conn.
A lawsuit accusing Brookfield affiliates of seizing control of solar company PosiGen and driving it deeper into insolvency has been dismissed with prejudice in Connecticut federal court, ending a closely watched dispute that preceded the company's Chapter 11 filing in Texas.
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February 12, 2026
Split 4th Circ. Denies Stay Lift In CertainTeed Unit's Ch. 11
A split panel of the Fourth Circuit on Wednesday upheld lower court rulings that left in place a stay of asbestos injury litigation facing the bankrupt affiliate of building material maker CertainTeed, with the majority ruling the debtor filed its case in good faith.
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February 12, 2026
Calif. Insurance Chief Backs Smoke Standards Bill
California Insurance Commissioner Ricardo Lara announced his support Wednesday for a bill that would establish the nation's first public health and insurance claims standard for homes damaged by smoke contamination.
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February 12, 2026
Maxeon Dodges Investor Suit Over Financial Disclosures
Maxeon Solar Technologies has escaped a shareholder class action accusing it of misleading investors about its liquidity issues, with a California federal judge ruling that none of the challenged statements in the suit were shown to be false or misleading.
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February 12, 2026
2nd Circ. Declines To Block TRO On Gateway Tunnel Project
Federal funding for the $16 billion Gateway Tunnel project must resume flowing — at least for now — after the Second Circuit declined on Thursday to pause a district court order requiring the Trump administration to lift its freeze on reimbursements to New York and New Jersey.
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February 12, 2026
Town Officials Off Hook For Railroad's Axed Superfund Deal
A Massachusetts intermediate appellate panel affirmed that two Hopedale officials are immune from claims that they torpedoed a railroad's contract to ship uranium-contaminated soil through their town of 6,000, saying the officials "had every right" to ask questions.
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February 12, 2026
Washoe Tribe Reclaims 10,274 Acres In Sierra Nevada
The Washoe Tribe of Nevada and California said it has purchased more than 10,000 acres of its ancestral lands in the Sierra Nevada, made possible by a $5.5 million grant from the California Wildlife Conservation Board and marking the third-largest land return in the state's history.
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February 12, 2026
Greenberg Traurig Leads Arko Petroleum's Upsized $200M IPO
Fuel distribution company Arko Petroleum began trading Thursday after raising $200 million by expanding its offering of shares priced at the low end of its range in an initial public offering guided by Greenberg Traurig LLP and Latham & Watkins LLP.
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February 12, 2026
Environmental Group Of The Year: Beveridge & Diamond
Beveridge & Diamond PC helped San Francisco prevail in a closely watched U.S. Supreme Court case over "end result" provisions regulators have often added to wastewater discharge permits, earning it a spot among the 2025 Law360 Environmental Groups of the Year.
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February 12, 2026
EPA Sews Up Repeal Of GHG Endangerment Finding
The U.S. Environmental Protection Agency on Thursday finalized the repeal of an Obama-era finding that greenhouse gases endanger people's health, and clawed back the vehicle emissions standards that relied upon that finding.
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February 11, 2026
Fed. Circ. Backs $85M Patent Antitrust Verdict Against Ingevity
The Federal Circuit on Wednesday declined to disturb a Delaware jury's $85 million antitrust verdict against Ingevity over it tying patent licenses to purchases of its automobile carbon filtering technology, rejecting the company's arguments that it was entitled to a certain statutory patent misuse defense.
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February 11, 2026
AGs Warn Cos. Plastic Initiatives May Break Competition Laws
The attorneys general of 10 red states have warned 80 corporations that their purported involvement in organizations aiming to reduce plastic waste might run afoul of antitrust and consumer protection laws, following similar competition-focused actions targeting environmental and diversity groups at the state and federal levels.
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February 11, 2026
Trump Directs DOD To Purchase Power From Coal Plants
President Donald Trump on Wednesday directed the U.S. Department of Defense to purchase electricity from coal-fired power plants to fuel its facilities, the latest in a series of efforts by his administration to boost the U.S. coal industry.
Expert Analysis
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.