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Environmental
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July 08, 2025
5th Circ. Wary To Let Surety Stick Chevron With $11M Bill
A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.
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July 08, 2025
Product Liability Cases To Watch In 2nd Half Of 2025
The fate of a $2.5 billion punitive damages award against Ford and looming bench verdicts in the first PFAS trials brought by a state are among the cases that product liability attorneys will be following closely in the second half of 2025.
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July 08, 2025
Trump Declares 50% Copper Tariff, Floats 200% Pharma Tariff
President Donald Trump announced Tuesday that he will impose a new 50% tariff on copper imported into the U.S., while also raising the possibility of imposing a 200% tariff on pharmaceuticals.
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July 08, 2025
Wash. Seafood Plant, Steel Shop Slapped With CWA Suits
Environmental groups launched a pair of Clean Water Act lawsuits in Washington federal court on Tuesday accusing an Evergreen State seafood producer and specialty machinery firm of releasing pollutants into local waterways in violation of state and federal permitting regulations.
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July 08, 2025
Del. Judge Cuts Co-Plaintiff From $57M Refined Coal IP Suit
A co-plaintiff alongside Midwest Energy Emissions Corp. cannot share in a $57 million award from a jury that found patents on technology for refining coal to reduce mercury emissions from power plants were infringed, with a Delaware federal judge ruling on Tuesday the other company lacks standing.
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July 08, 2025
Mich. Judge Certifies Edenville Dam Flood Victim Classes
A Michigan claims court judge has certified classes of businesses and residents affected by flooding from the collapse of a hydroelectric dam, ahead of a January trial to determine if state agencies are liable for the disaster.
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July 08, 2025
States Back Enviro Orgs. Bid To Block EPA's Halt Of $3B Grant
A group of Democratic attorneys general on Monday told a D.C. federal district court that the U.S. Environmental Protection Agency's decision to terminate environmental justice grants deprives vulnerable communities of funding "necessary to achieve a healthy environment."
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July 08, 2025
Judge Halts Plan To Slash AmeriCorps Workforce, Funding
A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.
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July 08, 2025
Insurer, Guam School Settle Typhoon Coverage Fight
The owner of a high school in Guam and its property insurer resolved their coverage dispute over the owner's claims the insurer underpaid its more than $5.1 million typhoon damage claim in bad faith, in part through allegedly "causing delay," the parties told a Guam federal court.
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July 08, 2025
Tax Court Says IRS Offer In $57M Easement Case Isn't Binding
A settlement offer the Internal Revenue Service said it mistakenly made to a partnership after rejecting its $57 million conservation easement deduction is not binding, the U.S. Tax Court said Tuesday, declining the partnership's request to enforce the deal.
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July 08, 2025
Everglades Plan Won't Spoil Buddhist Temple, Fla. Court Told
The U.S. Army Corps of Engineers urged a Florida federal court Tuesday to toss a Buddhist temple's claims alleging that an Everglades restoration project is disrupting members' ability to peacefully meditate, arguing that the complaint came too late and that construction isn't coercing a change in their religious practices.
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July 08, 2025
Environmental Regulations To Watch In 2025: Midyear Report
The U.S. Environmental Protection Agency said it is planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Here are some of the biggest regulatory matters to watch in the second half of 2025.
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July 08, 2025
Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban
The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
Oil Cos.' Water Pollution Coverage Suit Gets Trimmed
Two oil and gas companies can't proceed with bad faith claims against certain underwriters at Lloyd's of London in a dispute over coverage for the remediation of water byproduct pollution, a New Mexico federal court ruled, saying the companies failed to allege facts supporting their claims.
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July 08, 2025
Fishing Industry Alleges Feds Allow Red Snapper Overfishing
A group of commercial fishers and buyers is claiming in a new lawsuit that the National Marine Fisheries Service has failed to set proper catch limits and allowed the overfishing of red snapper due to massive "dead discards."
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July 08, 2025
Michigan Halts Construction Code Rollout Amid Builders' Suit
Michigan has paused the implementation of a new residential construction code after homebuilders filed lawsuits claiming the adoption of the code violated state law and would drive up the price of homes.
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July 07, 2025
Trump Orders Treasury To Restrain Solar, Wind Tax Credits
President Donald Trump ordered the U.S. Treasury Department on Monday to begin carrying out cuts and restrictions to the solar and wind production and investment tax credits that were mandated in the budget bill Trump signed Friday.
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July 07, 2025
Calif. Coastal Agency Gets SpaceX Launch Suit Trimmed
A California federal judge has trimmed SpaceX's suit alleging the California Coastal Commission wrongly tried to block its plan to increase rocket launches from Vandenberg Space Force Base, saying the reworked complaint adequately alleges some, but not all, of the purported harms the company faces.
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July 07, 2025
EPA, Enviro Orgs. Fight Over 'Big Bill's' Impact On Funding Case
Green groups fighting to reclaim grant funding frozen by the U.S. Environmental Protection Agency asked the D.C. Circuit on Monday to reject the agency's argument that Congress's recent tax and policy bill means their lawsuit should be dismissed.
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July 07, 2025
AI Weather Startup Claims Rival Used Trade Secrets
An artificial intelligence-powered weather simulation startup has sued a rival company in California federal court, claiming a consultant took its source code and used it to found the competitor.
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July 07, 2025
Green Group, Chemours Battle Over W.Va. PFAS Injunction Ask
An environmental group is urging a West Virginia federal court to prevent Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River, while the company is fighting the effort.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
P&G Beats False Ad Suit Over 'Pure Cotton' Tampax, For Good
The Procter & Gamble Co. permanently beat a proposed class action alleging that it omits the presence of organic fluorine in its Tampax products, after a California federal judge again rejected the plaintiff's testing method for detecting forever chemicals, ruling Monday that the latest iteration of the suit continued to rest on flawed testing.
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July 07, 2025
Fla. Condo Says Chubb Insurer Lowballed Hurricane Claim
A nonprofit Florida condominium owner is urging a federal court to reject a Chubb subsidiary's final summary judgment bid against the nonprofit's hurricane coverage suit, arguing that the insurer offered only $23,801 for property damage that eventually resulted in the nonprofit receiving an award of more than $7.2 million.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.