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Environmental
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January 28, 2026
7th Circ. Doubtful Climate Fight Belongs In Federal Court
Seventh Circuit judges seemed skeptical Wednesday of Chevron and other oil giants' argument that a lower court incorrectly sent Chicago's climate deception claims back to state court, questioning whether they've cited the type of contractual government work and relationship that would otherwise keep the suit in federal court.
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January 28, 2026
Enbridge Looks To Keep Pipeline Open Amid 7th Circ. Appeal
Enbridge Energy Inc. is looking to pause a shutdown order of a segment of its Line 5 pipeline that runs through Wisconsin tribal lands pending its Seventh Circuit appeal, arguing to a Wisconsin district court that a cutoff would cause disproportionate economic harm and energy shortages.
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January 28, 2026
EPA Begins Rollback Of Biden-Era Smog Control Plan
The U.S. Environmental Protection Agency has proposed to reapprove pollution control plans from several states as part of its effort to undo a Biden-era rule curbing cross-border smog formation that was halted by the U.S. Supreme Court.
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January 28, 2026
Colo. Drivers Claim $5M Damage From Gas-Diesel Mix-Up
Colorado residents filed a proposed class action Tuesday in federal court against two fuel station operators, alleging the companies distributed gasoline contaminated with diesel fuel to major gas stations in early January that caused more than $5 million in damage to their vehicles.
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January 28, 2026
Partnerships Fight Nix Of $163M In Conservation Tax Breaks
The IRS wrongly rejected nearly $163 million in claimed tax deductions for conservation easement donations by two Georgia partnerships and then penalized them for negligence and gross valuation misstatements, a partnership representative told the U.S. Tax Court in challenging the determinations.
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January 28, 2026
Syngenta, Chevron Settle Paraquat Case Before 1st Philly Trial
The first paraquat Parkinson's disease mass tort case set to be tried in Philadelphia was resolved Tuesday night on the eve of trial, according to the court.
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January 28, 2026
Solar Panel Co. Sunrun Misclassifying Sales Reps, Suit Says
Solar panel company Sunrun Inc. misclassified its sales representatives as independent contractors in violation of Massachusetts workers' compensation law, a coalition of advocacy groups alleged in a complaint filed in state court.
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January 27, 2026
EPA Says Enviro Groups Lack Standing To Fight Review Rule
The U.S. Environmental Protection Agency said the environmental groups challenging the agency's "project accounting" method for triggering air pollution review at industrial facilities lack the standing to pursue their fight, claiming that the challengers identified no harm at all from the agency's denial of their reconsideration bid.
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February 05, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Consumers Energy Seeks $42M For DOE Order Compliance
Michigan utility Consumers Energy Co. has asked the Federal Energy Regulatory Commission to let it recoup nearly $42 million in costs to comply with a controversial U.S. Department of Energy emergency order to keep a coal-fired power plant running.
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January 27, 2026
EPA Seeks Public Input On Fluoride Health Effects
The U.S. Environmental Protection Agency said on Tuesday that it is seeking the public's input on the health effects from fluoride in water, which it could use to develop changes to the standards for safe levels.
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January 27, 2026
Trump Admin's 'Irrational' Block On Wind Project Lifted
A Massachusetts federal judge on Tuesday lifted a Trump administration freeze on the nearly complete Vineyard Wind offshore energy project, saying the government had likely flouted federal law by failing to explain a "disconnect" between its stated concerns about national security and its willingness to allow completed turbines to continue operating.
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January 27, 2026
Nuke Discharge Law Isn't Preempted, NY Tells 2nd Circ.
New York has told the Second Circuit that a federal judge wrongly concluded that a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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January 27, 2026
NRG, LS Power's $12B Natural Gas Deal Clears DOJ Scrutiny
The U.S. Department of Justice has cleared NRG Energy Inc.'s $12 billion acquisition of 18 natural gas-fired power plants from LS Power in a cash-and-stock deal guided by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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January 26, 2026
Mich. AG's Antitrust Suit Charts New Path For Climate Torts
Michigan Attorney General Dana Nessel's antitrust lawsuit against fossil fuel companies opens a new front in climate change tort litigation, and is a riposte to red states using antitrust law to target pro-climate actions by companies.
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January 26, 2026
10th Circ. Affirms $17M Atty Fee In Gas Well Royalty Case
On the third go around in the Tenth Circuit, a class led by Chieftain Royalty Co. on Monday had its $17.3 million attorney fee award unanimously affirmed for a settlement resolving a gas well royalty dispute, despite objections from two class members.
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January 26, 2026
DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims
A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.
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January 26, 2026
Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight
Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit
Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
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January 26, 2026
Minnesota Appeals Court Won't Toss Climate Change Suit
A Minnesota appeals court on Monday affirmed a lower court's decision not to toss the state's lawsuit alleging that Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels.
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January 26, 2026
Texas Wind Farm Owner Hits Ch. 11 With $108M In Debt
A wind farm owner in North Texas has filed for Chapter 11 protection with $108 million in debt, saying a winter storm in 2021 put it on a path to conflict with a partner in a defunct hedging agreement, with the partner eventually installing leaders to restructure the debtor.
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January 26, 2026
USA Rare Earth Secures $3.1B Of Federal And Private Funding
Mining company USA Rare Earth Inc. on Monday announced that it is set to receive $3.1 billion of new funding through collaborations with the U.S. government and a private investment in public equity funding commitment, in deals shaped by three law firms.
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January 26, 2026
Kansas Refinery Pollutes, Violates EPA Decrees, Suit Says
A proposed class of Coffeyville, Kansas, residents on Monday sued the company behind an oil refinery and fertilizer facility, saying it has been in repeat violation of U.S. Environmental Protection Agency consent decrees as it continues to pollute the environment and, thus, drive up environmental damage and cancer rates.
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January 26, 2026
Canada's Allied Gold Agrees To $4B Sale To China's Zijin Gold
Canadian gold producer Allied Gold said Monday it has agreed to be bought by Zijin Gold International in an all-cash deal valued at about CA$5.5 billion ($4 billion).
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January 26, 2026
Calif. Gaming Org. Fights Tribe's Bid To Join $700M Casino Suit
A District of Columbia federal judge on Monday granted the California Gaming Association's amicus brief bid to oppose a California Indian tribe's potential dismissal motion against another tribe's fight with the federal government over a $700 million casino project in Vallejo, California.
Expert Analysis
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Montana Ruling Reaffirms Record-Based Enviro Analyses
A Montana federal court's recent decision in Center for Biological Diversity v. U.S. Forest Service, vacating permits for logging near Yellowstone National Park, is a reminder that, despite attempts to pare back National Environmental Policy Act reviews, agencies must still properly complete such reviews before projects are approved, say attorneys at ArentFox Schiff.
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How Rule 16.1 Streamlines And Validates Mass Tort Litigation
The new Rule 16.1 of the Federal Rules of Civil Procedure not only serves a practical purpose by endorsing early, structured case management and dispositive motion practice in multidistrict litigation, but also explicitly affirms the importance of MDL practice in the justice system, says Rocco Strangio at Milestone.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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Key Trends Shaping ESG And Sustainability Law In 2026
2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.
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For Data Centers, Both Hyperscale And Edge Are Key In 2026
Recent trends in development of data centers highlight the importance of proactive attention to the zoning, permitting, interconnection and contractual issues associated with both hyperscale and edge facilities, in order to position projects for responsible growth in 2026 and protect their long-term value amid rapid technological and regulatory change, say attorneys at Sidley.
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5 Tariff And Trade Developments To Watch In 2026
A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
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What 2025 Enforcement Actions Show About FERC's Priorities
A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Opinion
Judges Carry Onus To Screen Expert Opinions Before Juries
Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.
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Nuclear Power Pitfalls And Opportunities To Watch For In 2026
Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.