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Environmental
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January 09, 2026
Gov't Tells 4th Circ. SC Residents Can't Challenge Marsh Plan
The federal government has urged the Fourth Circuit to uphold the dismissal of a suit filed by South Carolina property owners challenging the approval of a local marsh mitigation bank plan, arguing the property owners lack Article III standing and their claims are "speculative."
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January 09, 2026
Taxation With Representation: King & Spalding, Torys, Milbank
In this week's Taxation With Representation, power generation company Vistra Corp. acquires Cogentrix Energy from Quantum Capital Group, real estate firm Minto Group partners with Crestpoint Real Estate Investments to take Minto's apartment-focused real estate investment trust private, and engineering services provider Jacobs acquires a remaining stake in PA Consulting.
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January 09, 2026
NLRB Must Face Agency Atty's Speech Suppression Suit
The National Labor Relations Board can't exit a field attorney's suit over her advocacy work with an environmental nonprofit, a Washington federal judge has ruled, finding that she has adequately alleged that her work doesn't violate a federal conflict of interest statute.
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January 09, 2026
NC Biz Court Bulletin: Trade Secrets Row, A Patient Data Deal
The North Carolina Business Court closed out the year by tossing a trade secrets fight brought by a corrugated packing manufacturer against its onetime star salesman and signing off on a $2.45 million settlement ending claims a healthcare system sold patients' data to Meta.
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January 09, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a collapsed investment firm revive a $15 million dispute with a hedge fund, major Hollywood studios bring an IP claim against the U.K.'s largest internet providers over illegal streaming, and the Department of Health and Social Care sue the law firm and barrister representing it in a pharma competition damages case.
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January 08, 2026
States Fight To Block EPA From Wiping Out $7B Solar Funding
A coalition of states urged a Washington federal district judge Thursday to preliminarily block the U.S. Environmental Protection Agency from cutting solar power grant programs, arguing that without an injunction the Trump administration could transfer $7 billion back to the Treasury and "we will be entirely out of luck."
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January 08, 2026
Stoel Rives Picks Up Former K&L Gates Environmental Leader
Environmental lawyer Ankur Tohan has joined Stoel Rives LLP as a partner in the Seattle office, where he'll focus on renewable energy, carbon capture, power infrastructure and compliance matters, the firm announced Thursday.
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January 08, 2026
11th Circ. Told Gov't Knew Of Facility's Impact To Everglades
Nonprofit groups told the Eleventh Circuit that the Trump administration withheld information on the environmental impact of an immigrant detention center located in the Everglades, saying the federal government worked closely with Florida officials before constructing the facility.
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January 08, 2026
Alito Recuses From Chevron, Exxon Coastal Pollution Case
U.S. Supreme Court Justice Samuel Alito on Thursday recused himself from considering Chevron and ExxonMobil's effort to place Louisiana pollution lawsuits stemming from the companies' World War II-era production in federal court, just days before the justices hear oral arguments in the case.
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January 08, 2026
Wilderness Society Sues Feds Over Land Sale Records
A nonprofit organization dedicated to protecting wilderness is suing the U.S. Department of the Interior and other federal agencies, saying they have violated the Freedom of Information Act by failing to share records about Trump administration efforts to sell public lands.
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January 08, 2026
NC Wins Appeal To Use Smithfield Funds For Enviro Grants
The North Carolina Attorney General's Office can continue putting money from a decades-old hog waste agreement toward environmental grants, a state appeals court panel ruled, overturning a lower court order earmarking the money exclusively for public schools.
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January 08, 2026
EPA's Water Rule Dispute Paused Amid Legal Uncertainty
A North Dakota federal judge is holding in abeyance seven states' challenge to a U.S. Environmental Protection Agency's rule revision that considers tribal rights in addressing water quality standards until the agency determines if it wants to defend the final law or start a new rulemaking process.
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January 08, 2026
Trump Admin Says Climate Grant Class Suit Is Moot
The Trump administration has told the D.C. Circuit that a proposed class action accusing it of illegally terminating a $3 billion environmental justice block grant program is moot because Congress has rescinded the funds that green groups and local governments are seeking to recover.
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January 08, 2026
Judge Says He'll Approve Ideanomics Plan After Revisions
A Delaware bankruptcy judge said Thursday that he will approve the Chapter 11 liquidation plan for electric vehicle technology company Ideanomics Inc. once an injunction barring future claims in the plan is narrowed in scope.
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January 07, 2026
Trump Exits Climate Pact, UN Orgs. He Says 'Conflict' With US
President Donald Trump announced Wednesday he is withdrawing the United States from a decades-old international agreement that brings the world's countries together to take action against climate change, as well as 65 other international organizations and treaties that are "contrary to the interests" of the U.S.
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January 07, 2026
Baking Mix Co. Sued Over Alleged Water Pollution In Wash.
Baking mix manufacturer Continental Mills Inc. was hit with a Clean Water Act lawsuit in Washington federal court Wednesday by an environmental group that claims the company's Seattle-area plant released wastewater laden with heavy metals into nearby creeks, in excess of legal pollution limits.
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January 07, 2026
'I'm Not Buying It': Judge Pans 'Ridiculous' Colgate Argument
A California federal judge appeared open Wednesday to certifying multiple subclasses in a consumer action alleging Colgate falsely labels its toothpaste tubes as being recyclable, and panned one of the arguments by Colgate's defense attorneys as "ridiculous."
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January 07, 2026
Judge Seeks Assurance That PFAS Deals Are Good For NJ
A New Jersey federal judge on Wednesday asked attorneys for the state to assure that two proposed deals with 3M and E.I. du Pont de Nemours & Co. worth nearly $3 billion to resolve its claims over contamination by "forever chemicals" are in the best interest of the state's residents despite a number of objections.
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January 07, 2026
IRS Backdated Docs In Easement Penalty Fight, Tax Court Told
The Internal Revenue Service improperly backdated documents to impose steep civil fraud penalties over a claimed $48 million deduction for a Louisiana conservation easement donation and bypass the statute of limitations, a partnership alleged in the U.S. Tax Court.
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January 07, 2026
FERC Defends Grid Planning Policy Revamp At 4th Circ.
The Federal Energy Regulatory Commission has told the Fourth Circuit that the overhaul of its regional transmission planning policy was needed to address a pervasive failure to efficiently build out the U.S. electric grid, and that allegations the agency acted unlawfully are meritless.
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January 07, 2026
Tax Funding Oil Spill Cleanups Has Expired, IRS Clarifies
The Internal Revenue Service clarified Wednesday that the part of an added tax on crude oil and petroleum products earmarked for an oil spill cleanup fund expired at the end of 2025.
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January 07, 2026
Tribes, Feds Both Denied Early Win In Riverbed Rights Case
The D.C. federal court won't give early victories to three Indigenous tribes or the federal government in a dispute with North Dakota over ownership rights of a Missouri River mineral bed, saying a review of the case underscores the need for it to go to trial.
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January 07, 2026
Poultry Cos. Seek Stay Of Water Pollution Ruling For Appeal
Tyson Foods and other poultry operators found responsible for polluting Oklahoma waters with chicken waste argued that, without a stay in the court's judgment pending a Tenth Circuit appeal, companies not subject to its orders will have an economic advantage.
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January 07, 2026
Ørsted Expands Challenge To Halt Of Offshore Wind Projects
Danish energy developer Ørsted has expanded its legal fight against the Trump administration's latest order halting offshore wind projects, filing a lawsuit claiming the order unlawfully blocks the construction of its Sunrise Wind project off the New York coast.
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January 07, 2026
New York Tribal Land Settlement Awaits Senate Approval
A bill that would ratify a land settlement agreement among two tribes, New York and two of its counties that would return about 140,000 acres to reservation status is stalled in the U.S. Senate Committee on Indian Affairs.
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.