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Environmental
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December 03, 2025
Commerce Told To Justify Accepting Korean Exporter's Math
The U.S. Department of Commerce must better explain why it decided to use a Korean exporter's calculations without adjustments in an antidumping duty review, the U.S. Court of International Trade said in an opinion remanding the government's determination.
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December 03, 2025
Enviro Advocates' Challenge To Forest Service Rule Tossed
A Virginia federal judge on Wednesday tossed conservation groups' challenge to a U.S. Forest Service rule that allows some projects to avoid more extensive environmental review, saying the organizations failed to prove an "imminent" injury.
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December 03, 2025
Flint Water Case Judge Not Convinced EPA Hid Witnesses
A Michigan federal judge on Wednesday wasn't convinced that Flint residents seeking damages from the U.S. Environmental Protection Agency over its response to the city's water crisis could yet show the agency intentionally failed to catalog identities of confidential informants the residents want to depose.
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December 03, 2025
MVP: Kelley Drye's William J. Jackson
William J. "Bill" Jackson, co-chair of both Kelley Drye & Warren LLP's environmental law and environmental litigation sections, led a first-of-its-kind series of bench trials between the state of New Jersey and multiple E.I. du Pont de Nemours entities, earning him a spot as one of the 2025 Law360 Environmental MVPs.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
9th Circ. Asked To Reconsider Idaho Land Swap Decision
The U.S. Department of the Interior and J.R. Simplot Co. are asking the Ninth Circuit to reconsider a decision to invalidate an Idaho land transfer for the expansion of a phosphogypsum plant, arguing that the panel's conclusion flouts Supreme Court precedent and defies federal land management policy's text and central aim.
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December 02, 2025
9th Circ. Judges Doubt EPA's Pesticide Ban Review Timeline
Ninth Circuit judges suggested during a hearing Tuesday that a petition by green groups to force the U.S. Environmental Protection Agency to take action on banning organophosphate pesticides may be premature, but each panel judge also expressed concerns the EPA lacks a clear timeline on banning pesticides found harmful.
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December 02, 2025
DuPont Can't Shake $1B PFAS Pollution Suit In NJ Appeal
A New Jersey appeals court on Tuesday shut down a bid by E.I. du Pont de Nemours and Chemours to toss a suit brought by a small Garden State town seeking $1 billion for the cleanup of forever chemical contamination at a former manufacturing plant, ruling that the town has standing to bring the suit.
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December 02, 2025
Monsanto Agrees To $120M Deal Over Ill. PCB Pollution
Monsanto Co. has reached a deal to pay $120 million to the state of Illinois to resolve a lawsuit seeking to hold the company liable for polychlorinated biphenyls pollution into the state's air, water and soil, Illinois Attorney General Kwame Raoul has announced.
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December 02, 2025
Utah Youth Bring Renewed Challenge To Fossil Fuel Permits
A group of 10 young Utah residents have urged a state court to declare that more than 300 of Utah's fossil fuel development permits violate their right under Utah's constitution to enjoy life.
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December 02, 2025
Vapor Evidence Tossed From Causation In Camp Lejeune Suit
A panel of federal judges has excluded evidence of water vapor intrusion from the analysis of causation in the Camp Lejeune water contamination suit in North Carolina federal court, siding with the government in its argument that water vapor is not included in "the water" named in the Camp Lejeune Justice Act.
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December 02, 2025
Nev. Tribe Seeks En Banc Review In $208M Water Rights Suit
A Nevada tribe is asking the Federal Circuit for an en banc panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs, arguing that it misapplied Supreme Court and appellate court precedent concerning the federal government's trust obligations over water rights.
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December 02, 2025
Mich. Faces Uphill Battle To Shake Benton Harbor Suits
Judges sitting on a Michigan appellate panel seemed open Tuesday to allowing lawsuits over lead contamination in the city of Benton Harbor's water system to proceed against the state government, given questions about the state's handling of the situation.
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
US Steel Agrees To Fine Over Monongahela River Oil Slicks
U.S. Steel will pay the Pennsylvania Department of Environmental Protection $135,000 and take several steps to monitor and mitigate discharges of oily, greasy sheens from its Mon Valley Works Irvin Plant into the Monongahela River, the DEP announced Tuesday.
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December 02, 2025
MVP: Hunton's Shannon S. Broome
Shannon S. Broome of Hunton Andrews Kurth LLP helped clients obtain the first design pathway approval for synthetic e-fuel under California's Low Carbon Fuel Standard program and prevail in a key dispute over industrial boiler emission regulations, earning her a spot as one of the 2025 Law360 Environmental MVPs.
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December 02, 2025
Thai Cabinet Backs Carbon Tax, Border Tax, Emissions Trading
Thailand would institute a carbon tax, emissions trading system and carbon-border adjustment mechanism under the country's first comprehensive climate bill, approved Tuesday by the country's cabinet.
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December 02, 2025
Chevron Unit Entitled To $80M In Tax Credits, Tax Court Told
A Chevron subsidiary and chemicals supplier that operates internationally is entitled to more than $80 million in tax credits for energy investments and research related to plastics production, the company has told the U.S. Tax Court in challenging denials by the Internal Revenue Service.
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December 02, 2025
Colo. Hotel Owner Seeks $790K In Storm Damage Coverage
An insurer owes more than $790,000 for damage to a hotel roof during a winter storm and resulting water damage, a Colorado property owner alleged in a suit removed to federal court, saying the carrier unreasonably delayed and denied coverage.
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December 01, 2025
Bayer Gets SG's Support In Supreme Court Roundup Appeal
U.S. Solicitor General D. John Sauer on Monday urged the U.S. Supreme Court to overturn a $1.2 million jury award for a man who claimed that Monsanto's Roundup weed killer caused his cancer, according to a brief filed in response to the justices' request that the government weigh in.
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December 01, 2025
AM Best Says US Home Insurance Market Outlook Is 'Stable'
The U.S. homeowners insurance market is benefiting from a combination of moderating premium growth, reinsurance market stabilization and improved catastrophe risk management practices, global credit rating agency AM Best said Monday, upgrading the outlook for homeowner insurers to "stable" from "negative."
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December 01, 2025
Exxon Loses Renewed Bid To Nix Conn. Climate Suit
Connecticut's attorney general can continue to pursue his lawsuit accusing Exxon Mobil Corp. of knowingly deceiving residents about its sustainability efforts and the harmful climate effects of its fossil fuel sales, a Connecticut state court ruled, rejecting the oil and gas giant's renewed attempt at ending the case.
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December 01, 2025
Latham-Led Targa To Pay $1.3B For Permian Processing Co.
Targa Resources Corp. said Monday it will acquire Stakeholder Midstream LLC for $1.25 billion in cash, adding an extensive gathering and processing, or G&P, system in the Permian Basin to its asset base.
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
Expert Analysis
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.