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Environmental
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November 12, 2025
Boulder Fights Exxon's High Court Bid To Sink Climate Suit
The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.
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November 12, 2025
Enbridge, Michigan Clash On Power To Shut Down Pipeline
Energy infrastructure company Enbridge and the state of Michigan on Wednesday debated before a federal judge whether state or federal authority should win the day in their long-running dispute over the future of a petroleum pipeline that crosses the Great Lakes.
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November 12, 2025
Co. Says Excess Insurer Can't Avoid Asbestos Coverage Row
A paint and drywall product manufacturer said an Allianz unit can't rely on a pollution exclusion to avoid a dispute over coverage for underlying asbestos claims, telling a Texas federal court that the insurer's interpretation of the exclusion is contrary to the policy language and unsupported by Texas law.
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November 12, 2025
2nd Circ. Rejects Exxon's En Banc Plea Over Atty Fee Ruling
The Second Circuit has rejected Exxon, BP, Shell and the American Petroleum Institute's bid for en banc review of a lower court's decision to award attorney fees to New York City, which is suing them over allegations of deceptive practices around climate change.
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November 12, 2025
Camp Lejeune Expert Criticism A Smear Tactic, Feds Say
The U.S. government said Camp Lejeune toxic water litigants leaned on "empty accusations of bias" in an effort to exclude an expert witness, telling a North Carolina federal court that the expert has a decades-long track record of using reliable scientific methods.
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November 12, 2025
Virgin Islands Gives 90-Day Tax Amnesty For Storm Recovery
The U.S. Virgin Islands established a 90-day amnesty period to waive penalties for overdue property, income and gross receipts taxes to help residents and businesses recovering from Hurricanes Irma and Maria and Tropical Storm Ernesto under a bill signed by the governor.
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November 12, 2025
EPA Floats Rollbacks To Biden-Era PFAS Reporting Rule
The U.S. Environmental Protection Agency wants to back off parts of a rule requiring forever chemical manufacturers to provide information about the amount and type of chemicals they have produced, citing compliance costs and difficulties.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Suit Over Calif. Truck Emissions Rules Sent To Golden State
An Illinois federal judge sent a suit brought by the American Free Enterprise Chamber of Commerce and joined by the Trump administration that challenges California's strict emissions standards for heavy-duty trucks to federal court in the Golden State.
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November 10, 2025
La. Condo Awarded $5M For State Farm's Storm Claim Delay
A State Farm unit owes a Bayou State condominium complex over $5 million in penalties for its delayed adjustment of the complex's hurricane damage claim despite having satisfactory proof of loss, a Louisiana federal court held Monday.
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November 10, 2025
Fiber Optics Co. Should Refile Antitrust Claims, Judge Says
A Texas federal judge said Monday a fiber-optics company should be required to refile its copyright infringement and antitrust claims against Parker-Hannifin Corp., but that a trade secret misappropriation claim should be left to stand as is.
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November 10, 2025
Utah Enviro Agency Objects To US Magnesium Transaction
Utah's environmental regulatory agency has asked a Delaware bankruptcy judge to reject US Magnesium's asset sale agreement, saying a buyer should be bound by the same responsibilities as the debtor.
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November 10, 2025
Sunnova Ch. 11 Wind-Down Approved Over Release Objection
The Chapter 11 liquidation plan of solar panel company Sunnova Energy International received bankruptcy court approval Monday in Texas after a judge overruled objections to third-party releases raised by the U.S. Trustee's Office.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Calif. Judge Rejects $57M Deal On Former Navy Site's Cleanup
A California federal judge refused to approve a $57 million settlement the U.S. government proposed to resolve whistleblower claims alleging Tetra Tech EC Inc. defrauded the Navy on radiation cleanup work at the former Hunters Point Naval Shipyard in San Francisco.
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November 10, 2025
Insurer Says $4M Excess Policy Excludes Oil Tanker Collision
An excess insurer for a fuel and chemical transportation company told a Utah federal court it should owe no coverage for an oil tanker collision and resultant crude oil cleanup costs, pointing to what is known as a total pollution exclusion.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 10, 2025
Justices Won't Hear Ex-Energy Exec's Insider Trading Appeal
The U.S. Supreme Court declined Monday to consider arguments from a former executive of a Texas energy company that his insider-trading and fraud convictions were based on unconstitutionally vague statutes and violate the separation-of-powers doctrine.
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November 07, 2025
NY, NJ Approve Pipeline Project In CWA Permitting About-Face
New York and New Jersey environmental regulators on Friday issued Clean Water Act permits for a controversial Williams Cos. pipeline upgrade project, five years after they denied the permits over pollution concerns.
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November 07, 2025
Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.
The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
New Jersey Hits 5 Gas Stations With Contamination Lawsuits
New Jersey on Thursday sued five gas station owners and operators over alleged pollution and failure to adhere to previous settlements, saying overburdened communities have suffered from the contamination.
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November 07, 2025
New York Tribe Looks To Reverse Fishing Rights Decision
Members of the Shinnecock Indian Nation are asking a New York federal court to reconsider an order that determined they don't have state regulation-free fishing rights off the shores of Long Island, saying it failed to consider U.S. Supreme Court precedent that allows coexistence.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 06, 2025
Fossil Fuel Industry Wants Broader Suing Powers In USMCA
Oil and gas industry groups have asked the Office of the U.S. Trade Representative to broaden the ability of foreign investors to sue governments in the U.S.-Mexico-Canada Agreement during an upcoming joint review.
Expert Analysis
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.