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Environmental
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August 29, 2025
Nuke Plant Restarts: Chances Exist, But Challenges Await
Growing U.S. electricity demand has sparked moves to restart shuttered nuclear power plants in order to help feed that appetite for power, but the recommissioning process is far from simple. Here, attorneys who work on nuclear matters outline to Law360 several considerations that go into bringing a plant out of mothballs.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
DC Circ. Backs Biden Gulf Drilling Plan Amid Trump Revamp
The D.C. Circuit rejected environmental groups' bid to scale back the U.S. Department of the Interior's 2024-2029 offshore oil and gas leasing program, finding the plan satisfied all legal requirements.
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August 29, 2025
Norwegian Shipping Co. Pleads Guilty To Pollution Charge
Shipping company V.Ships Norway admitted to illegally dumping oil-contaminated waste in the Atlantic Ocean and was sentenced to pay a $2 million fine, according to the U.S. Department of Justice.
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August 29, 2025
Trump Admin Yanks $679M In Offshore Wind Projects
The U.S. Department of Transportation announced Friday that it is canceling $679 million in federal funding for a dozen offshore wind projects, the latest salvo in the Trump administration's attack on wind power.
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August 29, 2025
Hurricane Maria Fraud Suit Against Adjuster Thrown Out
A Puerto Rico federal court tossed an insurer's lawsuit against a public adjuster alleging it inflated its calculation of damage that a Puerto Rico town suffered from Hurricane Maria in 2017, finding the lawsuit amounts to "overly broad claims of dissatisfaction with the opposing party's conduct during the insurance claim process."
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August 29, 2025
NLRB Atty Joins Blank Rome's Labor Group In Philadelphia
An attorney who spent the first 15 years of his legal career working with National Labor Relations Board has recently moved into private practice and joined Blank Rome LLP's growing labor team.
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August 29, 2025
States Say White House Caved In AmeriCorps Cut Fight
A coalition consisting of Maryland, two dozen other states and D.C. that is challenging the Trump administration's attempts to slash AmeriCorps programs and withhold funds announced Friday the White House has chosen to release nearly $185 million as it faced "a blistering legal defeat."
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August 28, 2025
Trump Ends Bargaining Rights For Workers At More Agencies
President Donald Trump on Thursday signed an executive order that purports to remove collective bargaining rights from federal workers at several more agencies, including NASA, the National Weather Service and the U.S. Patent and Trademark Office, a move that one union slammed as "retaliation."
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August 28, 2025
9th Circ. Rules BLM Can Implement Oregon Logging Plan
Officials at the U.S. Bureau of Land Management sufficiently vetted an Oregon logging project that conservationists claim will harm threatened wildlife, a Ninth Circuit panel has ruled, concluding the project does not violate earlier plans to protect coastal forest habitats.
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August 28, 2025
EPA Backs Truck-Makers' Bid To Block Calif. Emissions Regs
The U.S. Environmental Protection Agency on Wednesday joined truck-makers in asking a California federal court to immediately block implementation of the state's emissions standards for heavy-duty trucks.
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August 28, 2025
Court Blocks Bid To Keep Everglades Detention Center Open
A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location.
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August 28, 2025
Tribal Members Seek 5th Circ. Redo In San Antonio Park Row
Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.
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August 28, 2025
Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks
U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.
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August 28, 2025
Red States Fight Youths' Effort To Stop Trump Energy Orders
Blocking implementation of President Donald Trump's energy-related emergency orders would harm the U.S. electric grid and economy in ways that would outweigh any purported climate change benefits, Republican-led states told a Montana federal judge.
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August 28, 2025
Hawaii Transient Tax Is Unconstitutional, Cruise Cos. Say
The extension of Hawaii's 11% transient accommodation tax to cruise ship passengers under a new law violates the U.S. Constitution, a group of cruise companies told a U.S. district court.
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August 28, 2025
UK Plastic Packaging Tax Revenue Dips As Exemptions Rise
The U.K. has collected slightly less revenue from its tax on plastic packaging over the past year as manufacturers have begun using more recycled materials to qualify for exemptions from the levy and imports have declined, HM Revenue & Customs said Thursday.
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August 28, 2025
FedArb Hires Ex-RTX Legal Chief As Commercial Mediator
California-based alternative dispute resolution service Federal Arbitration Inc., or FedArb, announced Wednesday the hiring of a former corporate vice president and chief litigation counsel at aerospace and defense conglomerate RTX Corp. as a Connecticut-based mediator and arbitrator focused on commercial matters.
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August 28, 2025
Hotel Group Says Insurer Owes $12.5M For Helene Losses
A hotel group said it is entitled to recover $12.5 million from a Liberty Mutual unit for business interruption losses stemming from Hurricane Helene, the company said, telling a North Carolina federal court that the insurer has unjustifiably and in bad faith refused to provide coverage.
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August 28, 2025
Commonwealth Fusion Systems Wraps $863M Funding Round
Private fusion company Commonwealth Fusion Systems on Thursday revealed that it clinched an $863 million Series B2 funding round, marking what the company says is the "largest amount raised" among deep tech and energy companies since its 2021 $1.8 billion Series B funding round.
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August 27, 2025
Buyers Drop State Claims In Target Deceptive 'Clean' Label Suit
A proposed class of consumers alleging Target's Clean range of beauty products actually contain chemicals harmful to humans and the environment agreed Wednesday to voluntarily dismiss their specific state law claims without prejudice.
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August 27, 2025
Tribe Wins Limited Approval Of Bid To Intervene In Casino Suit
A California federal judge said the Koi Nation may intervene in the state's lawsuit over a U.S. government plan to put land into trust for the tribe's proposed casino, but she also ruled it hasn't waived its sovereign immunity so it will not be joined to the litigation as an indispensable party.
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August 27, 2025
Colorado Sues Mobile Home Park Over Unsafe Drinking Water
Colorado health officials told a state judge on Wednesday that a local mobile home park's drinking water tested positive for potentially dangerous bacteria, and the mobile home park is violating state law by ignoring mandated further testing and refusing to notify residents of the test results.
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August 27, 2025
Solar Co. Failed To Give Proper Layoff Notice, Suit Says
Solar energy company PosiGen failed to provide proper notice before terminating hundreds of employees as part of a mass layoff affecting workers at sites in Pennsylvania, Louisiana and other states, according to a proposed class action filed in Delaware federal court.
Expert Analysis
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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.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.