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Environmental
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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.
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November 13, 2025
Ga. Gov. Elevates Atty To Lead State Enviro Finance Agency
Georgia Gov. Brian Kemp on Thursday appointed the general counsel and grants division director from the governor's Office of Planning and Budget to serve on the state Environmental Finance Authority as its executive director.
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November 13, 2025
Presidential Firing Limits Needed At FERC, Justices Told
Former Federal Energy Regulatory Commission members on Thursday told the U.S. Supreme Court that overturning limits on the president's authority to fire certain agency officials could undermine FERC's independent oversight of the electricity and gas industries and harm companies and consumers.
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November 12, 2025
Colo. Hemp Farmers' Subpoena 'Premature' In $200M Suit
A Colorado federal judge quashed two hemp growers' subpoena against a state solar company Wednesday and similarly shot down their attempt to force another solar company to produce certain documents in their lawsuit alleging that the company caused $200 million in crop damage while constructing a solar panel project.
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November 12, 2025
8th Circ. Will Rehear Travelers' $27M Fire Award Challenge
The Eighth Circuit agreed Wednesday to revisit its previous split decision affirming a Missouri-based apartment complex owner's $27 million jury award against a Travelers unit in a fire coverage dispute.
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November 12, 2025
2 Firms Guide Baytex On $2.3B Sale Of Eagle Ford Assets
Vinson & Elkins LLP and Burnet Duckworth & Palmer LLP are advising Baytex Energy Corp. on its agreement to sell its U.S. subsidiary, Baytex Energy USA Inc., to an undisclosed buyer for about $2.3 billion, the company said Wednesday.
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November 12, 2025
Ill. Justices Probe 'Catch-22' In $7B Grain Belt Line Fight
Illinois Supreme Court justices considering whether to uphold an Illinois agency's authorization of part of the $7 billion Grain Belt Express high-voltage transmission line on Wednesday pressed counsel for landowners insisting they shouldn't to address whether their argument creates a "catch-22" for the developer if it can't get funding without regulatory signoff but needs regulatory approval to secure financing.
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November 12, 2025
Energy Dept. Sued Over Blue State Project Award Rescissions
Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.
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November 12, 2025
'Weird' Bikini Trust Fight Flipped To Summary Judgment Bid
Calling the dispute over two Bikini Atoll resettlement trusts "weird," "strange" and "very unusual," during a Wednesday hearing, a Delaware Chancery judge converted a motion to dismiss into a motion for summary judgment, ruling the allegations of starvation, coercion and withheld information require factual development before any legal conclusions can be drawn.
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November 12, 2025
Pine Gate Gets $800M+ DIP After Revising Rollup
A Texas bankruptcy judge signed an order authorizing solar energy developer Pine Gate Renewables to roll up about $800 million in debt as part of its postpetition funding, after declining an earlier proposal that would have rolled up $1.4 billion on an interim basis.
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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.
Expert Analysis
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.