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Environmental
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
FERC Urged To Drop 'Ill-Conceived' Pipeline Review Updates
Gas industry groups urged the Federal Energy Regulatory Commission to accept Secretary of Energy Chris Wright's request to scrap plans for greater environmental reviews for pipeline approvals, agreeing that they exceed FERC's authority and undermine regulatory certainty.
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September 10, 2025
BLM Says It Will Rescind Biden-Era Land Conservation Rule
The U.S. Bureau of Land Management on Wednesday said it will roll back the Biden administration's Public Lands Rule, which the agency says improperly prioritizes land conservation over uses like energy development and livestock grazing.
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September 10, 2025
SC Residents Ask 4th Circ. To Revive Marsh Development Suit
A group of South Carolina residents urged the Fourth Circuit to reverse the dismissal of their suit challenging a federal plan to develop tidal marshland that's allegedly already part of a state public trust that bars development.
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September 10, 2025
$7M Ida Damage Case Settles Amid 5th Circ. Arbitration Fight
A New Orleans property owner and its insurers have resolved a dispute over coverage for a $7 million Hurricane Ida damage claim, amid a fight over whether the matter belonged in arbitration, the parties told the Fifth Circuit.
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September 09, 2025
PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told
The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.
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September 09, 2025
7 Enviro Cases To Watch At The Supreme Court
The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.
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September 09, 2025
NY Climate Law Challenge Moved To Join Similar Case
A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.
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September 09, 2025
States, Oil Groups Push For Wins In Drilling Ban Fight
Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.
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September 09, 2025
Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions
California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.
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September 09, 2025
Mitsubishi Accused Of Dodging Pollution Regs With Deception
Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws.
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September 09, 2025
Band-Aid Buyers Defend Standing, Claims In J&J PFAS Suit
A proposed class of consumers is urging a New Jersey federal court to deny a motion by Kenvue Inc. and Johnson & Johnson seeking to dismiss claims that the companies hid the presence of a group of chemicals known as PFAS in Band-Aid products.
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September 09, 2025
11th Circ. Told Insurers Wrongly Denied $5.6M To Railroad Co.
A Florida railroad company incurred minimal losses from Hurricane Irma in 2017 because it took measures to protect its property, but insurers unfairly used the preventive efforts to justify denying coverage for $5.6 million worth of costs under an all-risk policy, it told an Eleventh Circuit panel on Tuesday.
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September 09, 2025
11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit
Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."
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September 09, 2025
Post-Chevron, DC Circ. Again Backs FERC Solar Ruling
The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of the so-called Chevron deference.
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September 09, 2025
Feds Say Lejeune Litigants Can't Link Chemical To Illnesses
The U.S. government asked a North Carolina federal judge to bar veterans and family members suing over injuries from toxic water at Camp Lejeune from claiming that one particular substance caused various diseases at issue in the litigation.
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September 09, 2025
Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap
The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.
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September 09, 2025
Cenovus Energy Selling WRB Refining Stake For $1.4B
Cenovus Energy said Tuesday it has struck a deal to sell its 50% stake in WRB Refining LP to Phillips 66 for $1.4 billion, as the Canadian energy company cashes out of a long-standing refining partnership.
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball
A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.
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September 08, 2025
Chamber Accuses Mich. Of 'Gamesmanship' In Pipeline Fight
The U.S. Chamber of Commerce has urged the Supreme Court to rule that judges have the power to waive the deadline to transfer a lawsuit to federal court in special circumstances, saying Michigan shouldn't be allowed to play procedural games to keep a case against energy infrastructure firm Enbridge Energy LP in state court.
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September 08, 2025
Calif. Says Texas Doesn't Belong In Emissions Waiver Fight
The state of California told a federal judge that Texas has no business in a suit challenging the revocation of Clean Air Act waivers that allowed the state to set its own emissions standards, saying the Lone Star State wishes to inject "collateral issues" into the suit.
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September 08, 2025
2 Firms Steer $540M IPO For Oilfield Water Infrastructure Co.
Houston, Texas-based oilfield water management company WaterBridge Infrastructure said Monday that it is seeking to raise up to $540 million in an initial public offering guided by Latham & Watkins LLP and Gibson Dunn & Crutcher LLP.
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September 08, 2025
Groups' Exxon Plastic Recycling Nuisance Claims Can Proceed
A California federal judge ruled Friday that environmental groups can move forward with their public-nuisance claims accusing Exxon Mobil Corp. of knowingly fueling the state's plastic pollution crisis, rejecting the energy company's contention that the suit is merely a disguised product liability case.
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September 08, 2025
Firefighters Say PFAS Economic And Health Harms Are Real
Connecticut firefighters and unions hit back Friday at Honeywell, DuPont and other safety gear manufacturers trying to exit their federal proposed class action that alleges the companies sold gear with hazardous forever chemicals, saying they had alleged enough economic and health risks for their suit to proceed.
Expert Analysis
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.