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Environmental
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June 27, 2025
Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'
The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.
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June 27, 2025
Insurer Fights Cosmetic Co. Over Coverage For Pollution Row
A Markel unit had no duty to defend a cosmetics company against prior water pollution claims simply because it agreed to defend a subsequent suit brought by the California attorney general, the insurer told a California federal court Friday.
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June 27, 2025
Hawaii Groups Look To Block Monument Fishing Permits
Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.
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June 27, 2025
Groups Sue To Protect Everglades From 'Alligator Alcatraz'
Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.
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June 27, 2025
Texas Justices Give Uri MDL Plaintiffs Chance To Replead
The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.
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June 27, 2025
Philly District Inks DPA With Feds Over Asbestos In Schools
The School District of Philadelphia has agreed to federal oversight of its asbestos remediation efforts in its facilities after a five-year investigation revealed that it had fallen behind in dealing with airborne toxins from classrooms, the U.S. Attorney's Office for the Eastern District of Pennsylvania said Friday.
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June 27, 2025
Insurer Asks Court To Sort Out Paying Of $4.1M Settlement
An insurer asked a California federal court to decide who should receive a $4.1 million settlement of a homeowner's fire claims, saying it could not determine who was entitled to the payment because of a number of lien notices filed as the settlement was finalized.
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June 27, 2025
3 DOL Policy Shifts On Benefits Attys' Radar
Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
Bayer Investors' $38M Settlement Over Monsanto Deal OK'd
A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."
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June 26, 2025
Calif. FAIR Plan Fire Policy Is Unlawful, Court Rules
Fire insurance offered by California's insurer of last resort does not meet the minimum coverage standards laid out in the state insurance code, a California state court ruled, finding the policy's definition of "direct physical loss" and its smoke damage provision to be unlawfully restrictive.
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June 26, 2025
EPA Illegally Ended Environmental Justice Grants, Groups Say
Environmental groups, a Native American village and other local governments have alleged in a proposed class action in D.C. federal court that the U.S. Environmental Protection Agency unlawfully stopped a $3 billion climate grant program created by the 2022 Inflation Reduction Act.
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June 26, 2025
Suit Blaming Big Oil For Heat Wave Death Moved To Fed Court
Chevron removed to Seattle federal court a first-of-its kind wrongful death suit brought by the daughter of a woman who died during a 2021 heat wave alleging oil and gas giants — including BP PLC, ConocoPhillips and Shell PLC — knew for decades their fossil fuel products would one day "claim lives."
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June 26, 2025
Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale
Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.
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June 26, 2025
FERC Chair Aims To Stay Beyond His Term's End
As his potential replacement awaits a U.S. Senate confirmation hearing, Federal Energy Regulatory Commission Chairman Mark Christie said Thursday that he plans to oversee the agency's next monthly open meeting in July, but otherwise remained tight-lipped about his impending departure.
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June 26, 2025
Gordon Rees Adds Glazier Yee Toxic Tort Ace In LA, St. Louis
Gordon Rees Scully Mansukhani LLP is expanding its litigation team, bringing in an environmental and toxic tort specialist from boutique firm Glazier Yee LLP as a partner in its St. Louis and Los Angeles offices.
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June 26, 2025
EPA Seeks To Appeal Flint Water Crisis Immunity Ruling
The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.
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June 26, 2025
Akerman Adds Steptoe Energy Transactional Atty In DC
Akerman LLP has hired a former Steptoe LLP partner who works on the regulatory, corporate and transactional aspects of energy deals and with related project development matters, the firm announced Wednesday.
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June 26, 2025
Lime Revs Up IPO, Crypto's Prospects Rise, And More Rumors
Uber Technologies Inc.-backed electric bike startup Lime is moving forward on a U.S. initial public offering, while more crypto ventures are seeking public listings and insurance giant BrightHouse inches closer to a sale.
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June 25, 2025
Texas Clinic Says Insurer Owes $2M For Hurricane Damage
A hospital clinic accused its insurer in Texas federal court Wednesday of severely underpaying its hurricane claim following a "substandard, cursory inspection" ignoring "obvious" damages, saying it only offered to cover roughly $3,500 worth of damage to a ventilation unit while the other damage totaled nearly $2.3 million.
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June 25, 2025
Fed. Circ. Backs EPA's Firing Of 'Disruptive' Whistleblower
The Federal Circuit upheld a decision finding the U.S. Environmental Protection Agency would've fired a federal employee even if she wasn't whistleblowing on its failure to submit affirmative employment plans, ruling Wednesday that while there was significant motive to retaliate, there's also evidence the employee was "disrespectful, disruptive and discourteous" toward colleagues.
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June 25, 2025
Michigan Builders Sue State Over Energy Code Mandates
Michigan homebuilders have sued to challenge the state's adoption of new construction codes, saying the energy efficiency demands will make new homes more expensive.
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June 25, 2025
Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict
An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.
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June 25, 2025
Hodgson Russ Adds Ex-GC Of NY Enviro Agency
Hodgson Russ LLP has hired the former longtime deputy commissioner and general counsel of the New York Department of Environmental Conservation to bolster its environmental and energy practices and expand the reach of its Albany, New York, office.
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June 25, 2025
FCC To Consult Tribes On Wireless Cos.' NEPA Petition
The Federal Communications Commission plans to consult with tribal governments on a wireless industry proposal to cut red tape associated with the National Environmental Policy Act for cell towers, following comments from Native American organizations blasting the plan and saying it would threaten sacred lands.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.