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Environmental
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October 31, 2025
Taxation With Representation: Skadden, Davis Polk
In this week's Taxation With Representation, American Water Works Co. and Essential Utilities announce a merger, semiconductor companies Skyworks and Qorvo combine to create an industry giant, and Terex Corp. and REV Group team up to form a specialty equipment manufacturer.
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October 30, 2025
DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'
The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.
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October 30, 2025
Garden Supply Co. Faces Suit Claiming PFAS In Products
A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals."
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October 30, 2025
Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup
A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals.
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October 30, 2025
Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case
A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds
A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.
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October 30, 2025
Addleshaw Adds Eversheds Partner To Irish Disputes Team
Addleshaw Goddard LLP has hired a top commercial litigator from Eversheds Sutherland to join its disputes practice as a senior partner in Ireland, saying he will contribute his expertise in planning, environmental law and dispute resolution to the international law firm.
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October 30, 2025
Senate Overturns Petroleum Reserve Drilling Limits In Alaska
The U.S. Senate on Thursday approved the revocation of a Biden-era move rolling back a plan by the first Trump administration to expand oil and gas drilling in the National Petroleum Reserve in Alaska.
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October 30, 2025
California Returns 17,030 Acres To Tule River Tribe
California Gov. Gavin Newsom on Wednesday announced the return of 17,030 acres of ancestral land to the Tule River Indian Tribe, calling it an effort to address "historical wrongs" committed against the tribe and other Native American tribes in the state.
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October 30, 2025
OpenAI Preps For IPO At $1T Valuation, Plus More Rumors
Sam Altman's OpenAI is prepping plans for an initial public offering that could value the artificial intelligence behemoth at up to $1 trillion, Facebook-owner Meta is preparing for an up to $25 billion bond offering, and major banks are gearing up for the launch of a $38 billion debt offering to fund data centers to be used by technology giant Oracle.
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October 30, 2025
Green Groups Can't Intervene In Feds' NY Superfund Suit
A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Greenpeace Gets Dakota Pipeline Damages Cut To $345M
A North Dakota state judge Wednesday reduced a jury's $666 million damages award against Greenpeace to $345 million in litigation claiming the group falsely disparaged the Dakota Access Pipeline project during environmental protests, finding that some of the damages awarded by the jury weren't backed by evidence.
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October 29, 2025
DOE's Data Center Proposal May Spark Grid Policy Turf War
The Trump administration's push to convince the Federal Energy Regulatory Commission to enable the connection of data centers to the interstate transmission system may ignite a legal turf war with states over their authority to regulate retail electricity sales.
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October 29, 2025
BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions
BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.
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October 29, 2025
5th Circ. Backs FERC's Approval Of Pacific NW Pipeline
The Fifth Circuit has affirmed the Federal Energy Regulatory Commission's approval of a TC Energy Corp. natural gas pipeline, rejecting states' claims that FERC didn't fully consider costs to consumers and green groups' claims that an environmental review was inadequate.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
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October 29, 2025
Ga. Panel Partially Revives Solar Farm Property Dispute
The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.
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October 29, 2025
Shutdown Forces Tribes To Pick Food Or Heat, Senate Told
Native American nonprofit leaders say Indian Country is choosing between fuel and food after federal employee layoffs and what stands to be the longest government shutdown in U.S. history have forced tribes to burn through their emergency reserves to continue healthcare, housing and food services.
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October 29, 2025
NC Justices Block Du Pont PFAS Suit On Eve Of Hearing
The Republican majority of North Carolina's highest court on Wednesday issued a stay pausing the state's suit against E.I. Du Pont de Nemours and Co., The Chemours Co. and others over alleged forever chemical contamination the day before the Business Court was set to hold a hearing on summary judgment in the case.
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October 29, 2025
Dems Blast Pause Of Army Corps Projects In Blue Cities
Two Democratic lawmakers demanded the U.S. Army Corps of Engineers identify and pursue $11 billion worth of projects that may have been paused in line with a social media post by Office of Management and Budget Director Russ Vought.
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October 29, 2025
Copper Lines Must Stay Due To Wireless Radiation, FCC Told
A group of people who claim they were injured by electromagnetic radiation are warning the Federal Communications Commission not to move forward with a plan to retire copper lines in phone networks, saying to do so would "endanger the lives of Americans".
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October 29, 2025
Fed. Judge Bars US From Enbridge Pipeline Oral Argument
A Michigan federal judge has denied the U.S. government's bid to participate in an upcoming oral argument in an Enbridge lawsuit against the state's governor over an oil and gas pipeline, saying the parties in the suit are able to address the issues on their own.
Expert Analysis
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Opinion
Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast
Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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What Gene Findings Mean For Asbestos Mesothelioma Claims
Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.