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Environmental
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January 17, 2025
9th Circ. Backs Vacating Some Trump-Era Oil And Gas Leases
A split Ninth Circuit ruled Friday that an Idaho federal court, but not a Montana federal court, abused its discretion in striking down oil and gas leases sold during the Trump administration, but halted "surface-disturbing activity" while the federal government reconsiders the leasing decisions.
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January 17, 2025
NM Justices Reject Utility Challenges To Solar Rule
New Mexico's top court issued a slip opinion explaining its decision to back a community solar rule enacted by state regulators and to reject arguments by an Xcel Energy unit and other utilities claiming the rule ran afoul of a Community Solar Act passed by lawmakers.
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January 17, 2025
Red States And Oil Groups Attack Biden's Coastal Drilling Ban
Louisiana-led states and fossil fuel groups are asking a federal judge in the Pelican State to scrap a pair of Biden administration memos that recently banned new oil and gas leasing across more than 625 million acres of federal waters.
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January 17, 2025
DC Circ. Seems Of Split Mind On EPA Air Compliance Suit
The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.
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January 17, 2025
Green Groups Defend EPA's Drinking Water PFAS Rule
Green groups on Friday asked the D.C. Circuit to uphold the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water, which is being challenged by water utility associations and chemical industry players.
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January 17, 2025
Texas-Led States Join Challenge To EPA Methane Tax
A coalition of Texas-led states has joined a slew of industry groups challenging a U.S. Environmental Protection Agency rule that imposes fees oil and gas companies must pay if their methane emissions exceed certain thresholds.
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January 17, 2025
Tennessee, BlackRock Settle Suit Over ESG Goals
Tennessee Attorney General Jonathan Skrmetti announced Friday that his office has dismissed its lawsuit accusing BlackRock of misleading customers about its environmental, social and corporate governance investment strategies, with the asset manager committing to certain transparency and compliance measures.
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January 17, 2025
Muscogee Look To Renew Alabama Burial Grounds Dispute
The Muscogee (Creek) Nation is asking a federal district court for permission to file a new complaint in a dispute over a sacred Alabama burial ground site after the Eleventh Circuit last year allowed the tribe to reinstate its allegations.
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January 17, 2025
P&G Accused Of 'Greenwashing' And Making 'Frankenforests'
Procter & Gamble is greenwashing its Charmin toilet paper by misleading consumers into believing it is ethically sourced and that the multinational consumer goods company is following through with sustainable reforestation promises, a 48-count proposed class action alleges.
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January 17, 2025
Sidley-Led Hennessy Capital's 7th SPAC Raises $175M
Blank-check company Hennessy Capital Investment Corp. VII began trading publicly on Friday after raising $175 million in its initial public offering, which will be used to merge with a company in the industrial technology or energy transition sectors.
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January 17, 2025
GOP Reps. Look To End President's National Monument Power
Two Republican members of Congress have launched a bill seeking to strip the president's power to declare national monuments, saying the Antiquities Act of 1906 is in dire need of reform that would hand over that authority to Congress.
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January 17, 2025
Fla. HOA Says Insurer Failed To Pay Or Appraise $9.5M Claim
A Sunshine State condo association told a Florida federal court Friday that its insurer failed to pay its $9.5 million claim for damages sustained as a result of Hurricane Ian, alleging the insurer didn't meet its policy's terms regarding assigning an appraiser.
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January 17, 2025
Feds Urge 9th Circ. To Restore Threatened Seals' Habitat
The federal government has asked the Ninth Circuit to overturn an Alaska federal district court judge who vacated the National Marine Fisheries Service's designation of critical habitat for Pacific bearded seals and Arctic ringed seals.
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January 17, 2025
DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board
The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.
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January 17, 2025
Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says
A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.
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January 17, 2025
Property Owner Says Nationwide Lowballed On $3.8M Losses
A Georgia property owner accused its insurer, a Nationwide unit, of "grossly underestimating" damages from separate hail and water events, alleging it was offered a combined total of less than $8,000 for losses exceeding $3.8 million, in a case removed to Georgia federal court.
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January 17, 2025
PE-Backed M&A Values, Megadeals Surged In 2024
Private equity-backed merger and acquisition values jumped nearly 25% year-over-year in 2024, while PE-backed megadeals valued above $5 billion more than doubled, according to S&P Global Market Intelligence.
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January 17, 2025
Co. Suggests 4 Chemicals For Taxable Substances List
The Internal Revenue Service is seeking comments on proposals from Occidental Chemical Corp. to add four chemicals to the Internal Revenue Code's list of taxable substances, the agency said Friday.
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January 16, 2025
US Could Soon Find Itself On Wrong End Of Energy Disputes
America's energy landscape has been marked in recent years by the Biden administration's enthusiastic support of renewable energy projects, but international disputes experts are predicting that the incoming Trump administration's promise to derail such projects could land the U.S. in legal hot water.
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January 16, 2025
Trump's DOT Pick Says Air Safety, New Tech Big Priorities
President-elect Donald Trump's would-be transportation secretary pledged to oversee a leaner and more efficient U.S. Department of Transportation focused on expediting project permitting, prioritizing mega infrastructure projects, and ensuring that Boeing and aviation safety gets "back on track."
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January 16, 2025
3M Hit With PFAS Suit Over Wash. Resident's Cancer Diagnosis
A woman who lives near the Spokane International Airport filed suit Thursday against 3M, DuPont and various other companies over alleged "forever chemical" contamination of her drinking water, claiming her adult son has developed cancer after decades of exposure.
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January 16, 2025
Mining Co. Can Intervene In Nevada Lithium Project Suit
A Nevada federal judge is allowing the owner and developer behind the Rhyolite Ridge Lithium-Boron Mine to intervene in a dispute over the U.S. Department of the Interior's authorization of the project, saying the company satisfies all intervention requirements.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Interior Nom Stresses Need For More Fossil Fuels
Interior secretary nominee Doug Burgum said on Thursday that he will promote U.S. energy dominance and add more fossil fuel-derived electricity to the grid, as Democrats and Republican senators sparred over how much emphasis should be given to renewables.
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January 16, 2025
Texas Ozone Fight A Repeat Of 2007, EPA Tells 5th Circ.
The U.S. Environmental Protection Agency said that Texas is feigning a misunderstanding of the Clean Air Act, saying it couldn't have hit the state with a "surprise switcheroo" because it was in an identical situation more than a decade earlier.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.