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Environmental
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January 09, 2026
Fed. Circ. Won't Rehear Nev. Tribe's $208M Water Rights Suit
The Federal Circuit has declined a Nevada tribe's petition for an en banc or panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs over water rights.
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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.
Expert Analysis
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Bid Protest Spotlight: Documentation, Overrides, Eligibility
Recent decisions by the U.S. Court of Federal Claims and the U.S. Government Accountability Office illustrate the importance of contemporaneous documentation in proposal evaluations, the standards for an agency’s override of a Competition in Contracting Act stay, and the regulatory requirements for small business joint ventures, says Cody Fisher at MoFo.
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Importers Face Uncertainty As Court Stays Solar Tariff Ruling
The overturning of a Commerce Department rule that allowed duty-free entry of solar cells between 2022 and 2024, now on appeal to the Federal Circuit, means the landscape for imported solar cells and modules is still in flux, while U.S. producers continue to rely on imports, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Unleashing LNG And Oil Exports With The Deepwater Port Act
The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.
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Why Feds' Criminal Vehicle Tampering Theory Falls Short
In recent years, federal regulators have advanced a novel theory that reprogramming a vehicle's onboard diagnostics system is a crime under the Clean Air Act — but a case now pending in the Ninth Circuit shows that the government's position is questionable for a host of reasons, say attorneys at Arnold & Porter.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.