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Environmental
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November 17, 2025
EPA, Army Corps Float Trimming Clean Water Act Powers
The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad.
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November 17, 2025
Origin Materials Investors Seek First OK For $9M Deal
Investors in sustainable materials maker Origin Materials Inc. have asked a California federal judge to grant the first green light to a $9 million deal in a class action that claims the company and its co-CEO failed to disclose a change in direction in the company's manufacturing plans and a delay in building a new plant.
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November 17, 2025
Justices Seek DOJ's Opinion In Neb.-Colo. River Dispute
The U.S. Supreme Court on Monday asked the federal government to weigh in on Nebraska's request that the justices decide whether Colorado is violating the terms of an agreement that dictates the management of the South Platte River.
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November 17, 2025
EPA Diluted Facility Upgrade Review Regs, DC Circ. Told
Environmental groups have told the D.C. Circuit that the U.S. Environmental Protection Agency unlawfully created a watered-down formula to determine whether modifications to industrial facilities trigger additional air pollution reviews.
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November 17, 2025
Willkie-Led Rockland Clinches 5th Fund With $1.2B In Tow
Willkie Farr & Gallagher LLP-advised private equity shop Rockland Capital announced Monday that it wrapped fundraising for its fifth fund after securing $1.2 billion in investor commitments.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 17, 2025
Eaton Fire Plaintiffs Say Edison Is Delaying Litigation
A group of plaintiffs suing Southern California Edison Co. over the Eaton Fire that began in January is accusing the utility of acting in bad faith by refusing to negotiate in mediation, despite admitting to shareholders that its equipment is responsible for the blaze.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
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November 14, 2025
Pa. Budget Ends State's Bid To Join Cap-And-Trade Compact
Pennsylvania legislators have announced that their long-awaited 2025 budget included provisions ending the state's bid to join a multistate carbon cap-and-trade compact, mooting years of litigation over whether the credits that fossil-fuel power plants would purchase were a fee or a tax.
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November 14, 2025
Colo. Energy Co. Says It's Out $750K Due To Faulty Meters
A Colorado energy and gas company sued a Canadian company, saying the defendant sold it nearly $750,000 worth of faulty multiphase flow meters and ignored requests for a refund.
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November 14, 2025
Okla. AG, Governor Feud Over Tribal Hunting Enforcement
Oklahoma Gov. Kevin Stitt appointed a special prosecutor to go after Native Americans who hunt or fish on tribal lands without state licenses after Attorney General Gentner Drummond said last month he would not prosecute the cases.
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November 14, 2025
Chamber Asks Justices To Stop Calif. Climate Reporting Laws
Business groups challenging California laws that require large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks have asked the U.S. Supreme Court to prohibit the state from enforcing the statutes during litigation in lower courts.
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November 14, 2025
NC Coastal Erosion Spurs Call For Proactive Flood Coverage
North Carolina's governor and the state insurance commissioner are calling on Congress to pass a bill that would cover homes on the brink of collapsing into the ocean under the National Flood Insurance Program — a problem currently plaguing the state's shoreline, where coastal erosion has claimed 27 homes along the Outer Banks since 2020.
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November 14, 2025
La., Parishes Push To Keep Coastal Suits In State Court
Louisiana and a pair of its coastal parishes have told the U.S. Supreme Court that the Fifth Circuit correctly concluded that their pollution lawsuits against Chevron and Exxon stemming from their World War II-era oil production belong in state court.
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November 14, 2025
Customer PFAS Cases Against Conn. Water Cos. Can Proceed
Connecticut's utility and public health regulators do not have the authority to grant the relief that customers are seeking through two proposed class actions alleging The Connecticut Water Co. and Aquarion Water Co. sold water contaminated with "forever chemicals," a state court judge ruled in declining to dismiss each case.
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November 14, 2025
Camp Lejeune Plaintiffs Say Feds' Overlong Briefs Risk Delays
Attorneys representing Camp Lejeune toxic water litigants are urging a North Carolina federal court to expedite the upcoming set of bellwether cases, saying the government shouldn't be allowed to cause delay through unnecessary and excessive briefs that together are longer than "Moby Dick."
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November 14, 2025
Buchalter Won't Be Sanctioned For 'Hallucinated' AI Citations
An Oregon federal judge has decided not to sanction Buchalter PC and other counsel representing an environmental nonprofit in a trademark infringement dispute for submitting "hallucinated" case citations generated by an artificial intelligence tool, saying he is satisfied with "remedial actions" already done or to be taken.
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November 13, 2025
Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock
Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.
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November 13, 2025
Latin American Trade Deals With US Include Zero Tariff Rates
Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.
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November 13, 2025
EV Makers Tell 1st Circ. Fuel Economy Rule Freeze Unlawful
A coalition of electric vehicle manufacturers and suppliers told the First Circuit that the Trump administration has created a regulatory vacuum by refusing to enforce existing vehicle fuel economy standards, jeopardizing more than $100 million in compliance credits that are essential to the EV industry.
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November 13, 2025
Tribe Scores Early Win Against Michigan Fruit Processor
A Michigan federal judge has ruled that a fruit-processing company illegally discharged millions of gallons of untreated wastewater into wetlands that feed Michigan's Grand Traverse Bay, granting an early win to a Native American tribe and two local environmental nonprofit groups.
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November 13, 2025
Judge Rejects NY Tribe's Bid To Revive Eel-Fishing Rights
A New York federal judge won't reconsider a decision determining that members of the Shinnecock Indian Nation don't have aboriginal eel-fishing rights off Long Island free of state regulatory fees, saying their arguments lack merit and they can't point to any decisions or data that the court overlooked.
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November 13, 2025
Chemours Urges 4th Circ. To Lift River Pollution Injunction
The Chemours Co. FC LLC on Wednesday asked the Fourth Circuit to strike down an injunction blocking the company from continuing to discharge forever chemicals into the Ohio River.
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November 13, 2025
Seaport Developer, Mass. Spar Over $15M Brownfields Credit
The developer of the Echelon Seaport luxury residential complex in Boston's Seaport District and the Massachusetts Department of Revenue have each made their case for a pretrial win in a long-running dispute over a tax credit for an environmental cleanup.
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November 13, 2025
Fuel Excise Tax Is Most Used Carbon Measure, OECD Says
Fuel excise taxes are the most common measure aimed at curbing greenhouse gas emissions, according to a report released Thursday by the Organization for Economic Cooperation and Development, which noted that these provisions covered 24% of 79 countries' emissions in 2023.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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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.