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Environmental
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August 18, 2025
Texas Specialty Recycling Facility Files For Ch. 11
A Texas company that recycles chemicals used in petroleum refining has filed for Chapter 11 in Texas, blaming equipment failures and unstable prices for the metals it recovers and seeking a sale by October to deal more than $403 million in debt.
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August 15, 2025
18 AGs, Governors Sue To Block DOE Funding Cap
A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.
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August 15, 2025
DOJ Ramps Up Assault On Calif. Truck Emissions Standards
The Trump administration increased its assault on California's stringent emissions standards for heavy-duty trucks, saying Friday that it has intervened in lawsuits to strike down the Golden State's attempts to still enforce its standards in defiance of federal law.
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August 15, 2025
Interior Dept.'s Clean Energy Rules Could Snag Grid Hookups
Recent U.S. Department of the Interior moves to place additional regulatory and permitting burdens on renewable energy facilities may also cover projects those facilities need to get on the grid, the agency has told Law360.
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August 15, 2025
Texas AG Opens Investigation Into Xcel Over Panhandle Fires
Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.
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August 15, 2025
5th Circ. Backs San Antonio's Park Plan Over Tribal Protests
The Fifth Circuit has upheld a lower court order saying a San Antonio park has legitimate public safety issues that allow the city to implement a tree removal plan and rookery management measures while also giving tribal members access to a disputed area for religious ceremonies.
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August 15, 2025
IRS Strips 5% Safe Harbor In Solar, Wind Tax Credit Guidance
Large-scale clean energy projects seeking to claim solar and wind tax credits before they expire under a new accelerated sunset schedule can no longer rely on a safe harbor to incur 5% of the building costs to establish eligible construction start dates under Internal Revenue Service guidance released Friday.
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August 15, 2025
Monsanto Asks Pa. Justices To Toss $175M Roundup Verdict
Bayer AG unit Monsanto has asked the Pennsylvania Supreme Court to undo a $175 million verdict awarded to a man in a Roundup weedkiller cancer lawsuit, arguing federal law preempts state failure-to-warn claims in products liability cases.
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August 15, 2025
US Eyeing Tariffs, Port Levies Over Shipping Emissions Plan
The U.S. government is considering tariffs, visa restrictions or port levies — and potentially a combination of those measures — in response to an intergovernmental plan to push the global shipping industry toward achieving net-zero greenhouse gas emissions, a U.S. Department of State spokesperson told Law360.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Canada Says US Treaty Bars Mich. Closure Of Pipeline
The Canadian government told a federal judge that Michigan's push to close an Enbridge pipeline segment crossing the Great Lakes is not allowed under an international treaty between the U.S. and Canada, and threatens grave harm to a vital energy partnership.
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August 14, 2025
DC Judge Halts Some USDA Climate Grant Terminations
A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
5th Circ. Tosses Challenge To Texas Gas Terminal Permit
The Fifth Circuit has dismissed an environmental group's petition challenging a permit issued by Texas regulators for a proposed liquefied natural gas terminal, finding that a previous permit for another project, which stipulated a lower emissions rate, has no bearing on the permit at issue here.
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August 14, 2025
Fla. Condo, Insurer Settle Hurricane Damage Coverage Suit
An insurer and a Florida condominium association have settled a dispute over coverage for property damage caused by a September 2020 hurricane, according to a New York federal court filing.
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August 14, 2025
FCC Urged To Tackle Health, Enviro Impacts From Cellphones
An environmental group called on the Federal Communications Commission to address what it sees as the agency's failure to meet a D.C. Circuit order from four years ago to back up the reasoning for its radiofrequency exposure limits.
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August 14, 2025
Shell Faces Retooled Clean Water Act Suit In Connecticut
Conservation Law Foundation Inc. has retooled a Connecticut federal court lawsuit against Shell and several other petroleum companies that operate terminals in New Haven harbor on Long Island Sound, adding Connecticut Environmental Policy Act and Coastal Management Act claims to a Clean Water Act case filed in July 2021.
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August 14, 2025
US Says It Can't Be Sued Over NM Burns Linked To Wildfire
The U.S. government is looking to dismiss a challenge to a prescribed burn plan that a tribe, electric cooperatives and several property owners claim led to the destruction of nearly 46,000 acres in New Mexico's Jemez Mountains, saying the decision is barred under the Federal Tort Claims Act.
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August 14, 2025
Rising Star: Troutman's Elizabeth Phillips Corey
Elizabeth Phillips Corey's scientific aptitude, legal chops and client relations have made her an asset at Troutman Pepper Locke LLP, where she's helped save an oil field that was in danger of being shut down and worked with a company hoping to usher in new nanotechnology, earning her a spot among the environmental law practitioners under age 40 honored by Law360 as Rising Stars.
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August 13, 2025
Mich. Tribe Asks High Court To Undo Great Lakes Fishing Pact
A Michigan tribe is asking the Supreme Court to overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes, saying the document was negotiated over its objections, restricts its treaty rights and will micromanage the waters for the next quarter-century.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
Colo. AG To Stay Enforcement Of Gas Stove Labeling Law
The Colorado Attorney General's Office agreed to stay enforcement of a recent law mandating that a health warning be placed on all gas stoves until a resolution is reached on a forthcoming request for preliminary injunction by a trade association, which claims the law is unconstitutional.
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August 13, 2025
Business Groups Fail To Halt Calif. Climate Reporting Rules
The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.
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August 13, 2025
Trump Taps Democratic Commissioner As Acting FERC Chair
President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.
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August 13, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
Expert Analysis
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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.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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How Property Insurers Serve As Climate Change Harbingers
Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.