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Environmental
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March 03, 2026
Judge Lifts Stay After 9th Circ. Ruling In Gila River Dispute
An Arizona federal judge has lifted a stay in a water rights lawsuit following a Ninth Circuit decision finding he prematurely sided with the Gila River Indian Community in a separate but similar suit when landowners appealed a summary judgment order favoring the tribal group.
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March 03, 2026
EPA Fights Fluoridated Water IQ Risk Finding At 9th Circ.
The U.S. Environmental Protection Agency urged the Ninth Circuit on Tuesday to reverse a ruling that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ, arguing that the trial judge improperly held his ruling in abeyance for years to await more scientific evidence.
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March 03, 2026
Split 9th Circ. Tells EPA To Review Cadmium's Species Impact
The U.S. Environmental Protection Agency must analyze how its revised water quality standards for cadmium would affect endangered species, a split Ninth Circuit ruled Tuesday, upholding a conservation organization's victory in a lawsuit over the agency's guidance tripling the levels of the heavy metal allowed in U.S. waters.
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March 03, 2026
EV Maker Lucid Investor Seeks Class Cert. In Production Suit
An investor in electric-vehicle maker Lucid Group Inc. is seeking certification of its proposed class in litigation alleging the company misled investors about how many cars it could make in 2022, hurting investors when it disclosed months later it was on track to make about a third of its earlier estimate.
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March 03, 2026
Tunnel Funding Freeze Fight Is In Wrong Court, 2nd Circ. Told
New York and New Jersey's federal lawsuit challenging a freeze on Gateway Tunnel funding must be dismissed because it falls within the exclusive jurisdiction of the U.S. Court of Federal Claims, the U.S. Department of Transportation argued to the Second Circuit on Tuesday.
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March 03, 2026
Feds, State AGs And Biz Groups Back Monsanto At High Court
The federal government, 15 state attorneys general and business groups, among others, urged the U.S. Supreme Court on Monday to strike down a $1.25 million verdict in a suit over claims Monsanto's Roundup weed killer causes cancer, saying that "patchwork" labeling regulations would harm the nation's farmers.
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March 03, 2026
Judge Says Accounts Of DOJ And FEMA 'Completely Different'
A California federal judge overseeing a lawsuit by federal worker unions, local governments and nonprofits challenging Trump administration layoffs expressed deep frustration Tuesday after a U.S. Department of Justice attorney contradicted a senior Federal Emergency Management Agency official's sworn declaration in the case.
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March 03, 2026
Fla. House Passes Land Use Bill With Local Preemptions
The Florida House on Tuesday passed a bill weakening local government control over land use law with steps that its sponsor said are necessary to address a housing affordability crisis but that critics decried as a handout to developers.
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March 03, 2026
Jury Awards $34M In 16th PacifiCorp Wildfire Trial
An Oregon jury awarded $34 million in noneconomic damages Tuesday in the 16th damages trial against PacifiCorp over the state's Labor Day 2020 fires.
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March 03, 2026
House OKs Effort To Ease Broadband Builds On Federal Land
The U.S. House voted Tuesday to direct land management agencies to study how they can ease the process for allowing broadband infrastructure to run through public lands.
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March 03, 2026
Hawaiian Electric Investors Get First OK Of $48M Wildfire Deal
Hawaiian Electric Industries Inc. and its investors have received initial approval of their nearly $48 million deal settling a California federal suit blaming it for the downturn in its stock price following a deadly 2023 fire on Maui.
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March 03, 2026
Wash. Tribes Want Shot At Remaining $184M In Salmon Funds
Two Washington tribes are looking to temporarily block the federal government from awarding millions in tribal hatchery grants to 27 Indigenous nations, arguing that they and the Pacific salmon will suffer irreparable harm if the money is disbursed without their communities being able to apply for the funding.
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March 03, 2026
DOE Contractor Pays $3.45M To Settle Time Card Fraud Case
A contractor paid the U.S. Department of Energy $3.45 million to settle a dispute over alleged time card fraud at the decommissioned Hanford nuclear site in Washington where workers took naps, watched movies and read while on the clock.
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March 03, 2026
Gov't Goes After $19M In Biofuel Tax Credit Fraud Case
A businessman who owes more than $19 million to a company subject to forfeiture over its involvement in a $511 million biofuel tax credit fraud must hand over the money to the federal government now that a catfishing scheme targeting him is resolved, the government told a Utah federal court.
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March 03, 2026
Feds Lose Fight To End NY Congestion Pricing
A Manhattan federal judge ruled Tuesday that the U.S. Department of Transportation acted unlawfully when it purportedly terminated a federal agreement that gave New York's congestion pricing the green light, handing the state a decisive victory against the Trump administration's efforts to eliminate the program.
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March 02, 2026
Justices Pass On Challenge To $600M Norfolk Southern Deal
The U.S. Supreme Court turned down a push Monday to reconsider objections to a $600 million class settlement between Norfolk Southern Corp. and residents affected by the East Palestine, Ohio, train derailment after the deal was upheld by the Sixth Circuit late last year.
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March 02, 2026
Scientists Slam 'Political Attack' On Judges' Reference Book
Partisan politics is interfering with a reference manual judges routinely rely on to understand complicated scientific evidence, according to more than two dozen contributors who on Monday raised the alarm about Republican attorneys general successfully lobbying for a chapter on climate change to be deleted.
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March 02, 2026
1st Circ. Probes Regulatory Authority Of US Fishing Boards
First Circuit judges quizzed a fishing industry group on Monday on the powers of federal regional councils for commercial fishing, as the group seeks to undo haddock fishing limits for the New England coast.
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March 02, 2026
Norfolk Investors Seek Class Cert. In Rail Safety Claims Suit
Investors suing Norfolk Southern and its top brass have asked a Georgia federal judge for class certification in a case alleging the railroad company made false claims about its safety culture and practices and deceived investors up until the fiery crash of one of the company's trains along the Ohio-Pennsylvania border in 2023.
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March 02, 2026
Judge Delays Line 5 Pipeline Removal On Wis. Tribal Lands
A Wisconsin federal judge paused a June 16 deadline requiring Enbridge Energy to shut down a portion of its Line 5 pipeline on Wisconsin tribal lands pending a Seventh Circuit decision, citing concern over energy prices, local economies and foreign relations with Canada.
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March 02, 2026
Eggland's Best Must Face Suit Over 'Cage Free' Marketing
Eggland's Best must face a proposed class action from consumers alleging that the company deceptively markets its "cage free" eggs, an Illinois federal court ruled, finding the company has stated its hens enjoy more than just a cage-free environment.
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March 02, 2026
Justices Reject Jurisdiction Row In PFAS Suit Against 3M
The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision ruling that lawsuits against 3M Co. from state attorneys general over environmental contamination from forever chemicals belong in federal court.
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February 27, 2026
Energy Transfer Secures $345M Greenpeace Judgment
A North Dakota state judge Friday entered final judgment in favor of Energy Transfer, finalizing a $345 million defamation and property damage verdict against Greenpeace in a dispute over the Dakota Access pipeline protests, according to a statement from Greenpeace.
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February 27, 2026
Exxon's Bid To Pause Tribes' Climate Suit Met With Skepticism
A Washington state judge expressed reluctance on Friday to grant Exxon and other oil giants' request to pause two tribal lawsuits alleging a decades-long campaign to downplay the harm of fossil fuels until the U.S. Supreme Court weighs in on the viability of climate torts in a Colorado case.
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February 27, 2026
Defamation Litigation Roundup: Exxon, Steelers, R&B Singer
In this month's review of defamation fights, Law360 highlights a decision from a Texas federal judge preserving Exxon Mobil's case against California's attorney general stemming from a fight over recycling technology, as well as a fan's suit against an NFL star.
Expert Analysis
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How AI Data Centers Are Elevating Development Risk In 2026
As thousands of artificial intelligence data center constructions continue to pop up across the U.S., such projects must be treated not as simple real estate developments, but as infrastructure programs where power, supply chains and technology integration all drive both schedule and risk, say attorneys at Cozen O’Connor.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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What NY's GHG Reporting Program Means For Oil, Gas Cos.
New York's new Mandatory Greenhouse Gas Reporting Program represents a significant compliance regime for the oil and gas industry, so any business touching the state's fuel market should determine its obligations, and be prepared to gather data, create a monitoring plan and institute controls for accurate reporting, say attorneys at White & Case.
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Opinion
Justices' Monsanto Decision May Fix A Preemption Mistake
In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.
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How States Are Advancing Enviro Justice Policies
The federal pullback on environmental justice creates uncertainty and impedes cross‑jurisdictional coordination, but EJ diligence remains prudent risk management, with many states having developed and implemented statutes, screening tools, permitting standards and more, say attorneys at King & Spalding.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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As Federal Enviro Justice Policy Goes Dormant, All Is Not Lost
Environmental justice is enduring a federal dormancy brought on by executive branch reversals and agency directives over the past year that have swept long-standing federal frameworks from the formal policy ledger, but the legal underpinnings of EJ have not vanished and remain important, say attorneys at King & Spalding.
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Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.
In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.
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As Federal Water Regs Recede, Calif.'s Permitting Tide Rises
The U.S. Supreme Court's 2023 decision in Sackett v. U.S. Environmental Protection Agency reduced federal protections for many wetlands and surface water features, but as California's main water regulator has made clear, many projects are now covered by state rules instead, which have their own complex compliance requirements, says Thierry Montoya at FBT Gibbons.
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Radiation Standard Shift Might Add Complications For Cos.
In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.