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Environmental
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August 04, 2025
Fla. Tribe Joins Suit Over 'Alligator Alcatraz' In Everglades
A Florida tribe has joined green groups in hitting Homeland Security Secretary Kristi Noem and state officials with environmental claims that the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades violates a slew of federal statutes.
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August 04, 2025
7th Circ. Won't Put Chicago Climate Change Suit On Hold
The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
States Can't Block Trump Admin's Cuts To Science Grants
A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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August 01, 2025
DC Circ. Upholds FERC's Limited Review Of Texas Pipeline
The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.
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August 01, 2025
Texas Judge Says States Can Pursue BlackRock Coal Suit
A Texas federal judge Friday gave Texas and other states the go-ahead to pursue claims that BlackRock Inc. and other asset managers used market muscle to decrease coal production, saying the states plausibly showed that the asset managers breached antitrust laws.
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August 01, 2025
Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight
An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.
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August 01, 2025
2 SPAC Deals Will Take Uranium Miner, Italian E-Grocer Public
Two newly unveiled mergers involving special purpose acquisition companies will aim to take a nuclear energy company and an Italian e-grocery operation public on U.S. exchanges at a combined value of nearly $500 million.
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August 01, 2025
Most Of Property Co.'s Hailstorm Insurance Fight Tossed
A property investment company can raise nearly none of its claims against its insurer for hailstorm damage from 2019 and 2023, a North Carolina federal court ruled, finding that because claims concerning the 2019 storm are time-barred, those corresponding documents can't support much of the 2023 claims.
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August 01, 2025
EPA Beats Coolant Cos.' Challenge To HFC Regs
The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
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August 01, 2025
Taxation With Representation: Skadden, Wachtell, Latham
In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.
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July 31, 2025
CSX Settles Derailment Suit With NC Mine On Eve Of Trial
CSX Transportation Inc. has agreed to settle its multimillion-dollar lawsuit against a North Carolina sand and gravel mine over a 2018 derailment during Hurricane Florence that destroyed its locomotives, ending the litigation just one week before trial was set to begin.
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July 31, 2025
11th Circ. Says 'Urban Cowboy' Can Amend Taken Horses Suit
A divided Eleventh Circuit on Thursday granted a Georgia man whose horses were seized by Atlanta-area authorities a fresh shot at amending a lawsuit over the seizure, with the majority saying the lower court wrongly found that amending the suit was futile under the Fifth Amendment's takings clause.
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July 31, 2025
'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict
A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.
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July 31, 2025
Tribe Can Join Fight Against 'Alligator Alcatraz,' Judge Says
A Florida federal judge has allowed the Miccosukee Tribe of Indians of Florida to intervene in a lawsuit filed by green groups against the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades after the tribe argued the facility poses a direct threat to its livelihood.
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July 31, 2025
State Regulators Push FERC To Nix $22B Grid Projects Plan
Several state utility regulators have urged the Federal Energy Regulatory Commission to reject a regional grid operator's $21.8 billion transmission development plan, saying the plan's benefits are overstated and wrongly forces them to subsidize the clean energy goals of other states.
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July 31, 2025
Eco Oro Wants Colombia Mining Damages Claim Revived
Armed with new counsel, Eco Oro Minerals Corp. said Thursday it will look to revive its damages claim against Colombia after an international tribunal found that the country had breached an underlying treaty by blocking the Canadian precious metals company's mining project to protect surrounding wetlands.
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July 31, 2025
10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss
A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.
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July 31, 2025
Anadarko Asks 5th Circ. To Back La. Suit Indemnity Win
Anadarko Petroleum Corp. has asked the Fifth Circuit to uphold its indemnification win against an environmental remediation company in connection with a decade-old Louisiana kickback suit, writing that "one who makes his own bed must lie in it."
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July 31, 2025
Oil Exec Was Defamed, Wrongly Placed On Leave, Suit Says
The former CEO of an oil and gas company in Colorado has filed a complaint in state court against the company and its current CEO, claiming he was put on administrative leave without being informed of his alleged misconduct and was defamed by the new top executive.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Sunnova Cleared To Sell Assets To Lenders In Ch. 11
Solar panel business Sunnova Energy International Inc. secured a Texas bankruptcy judge's blessing Thursday to sell almost all of its assets to a group of lenders for about $118 million.
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July 30, 2025
GHG Regs Rollback Would Test Clean Air Act Interpretation
The U.S. Environmental Protection Agency's proposal to eliminate a pillar of climate change regulation could test the agency's — and courts' — interpretations of Clean Air Act language that has remained largely unquestioned since the Obama administration.
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July 30, 2025
8th Circ. Tosses Ruling Striking Binding NEPA Regulations
The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.
Expert Analysis
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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State Farm Rate Hike Portends Intensifying Insurance Crisis
The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.