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Environmental
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November 20, 2025
Big Beer, Bots And Billion-Dollar Bids Top Week's Rumors
Private equity dealmaking and artificial intelligence investment continued to generate a steady flow of market chatter this past week, as reports pointed to fresh fundraising efforts, potential take-private bids, and early-stage talks across the technology, energy and consumer sectors.
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November 20, 2025
1st Circ. Tosses Challenge To Maine Lobster Boat Tracking
The First Circuit has declined to revive a case brought by several Maine lobstermen who said their privacy rights were violated by the state's tracking of their vessels, ruling that the tracking devices were part of administrative searches of a closely regulated industry and do not violate the Fourth Amendment.
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November 20, 2025
Conn. Faces Tough 2nd Circ. In 3M PFAS Enforcement Dispute
A Second Circuit panel on Thursday appeared receptive to 3M's argument that Connecticut's state lawsuit accusing it of polluting the environment with forever chemicals contained in consumer products actually belongs in federal court, where a similar lawsuit against the company is playing out.
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November 20, 2025
'Not Well-Taken': 2nd Bid To Halt CFPB Energy Loan Rule Fails
A Florida federal judge on Thursday smacked down a lender trade group's renewed bid to halt a Biden-era Consumer Financial Protection Bureau rule that will tighten standards on clean-energy home improvement loans, calling the emergency request wasteful and "not well-taken."
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November 20, 2025
EU Needs Unified Tax Benefits For Electricity, Experts Say
The European Union needs a unified approach to tax benefits that would treat electricity more favorably than fossil fuels amid an impasse surrounding its overhaul to the energy taxation system, experts told the European Parliament's tax committee Thursday.
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November 20, 2025
1st Circ. Sends Maine's 3M PFAS Suit Back To Federal Court
A First Circuit panel has sent a suit from the state of Maine against 3M Co. over so-called forever chemical contamination back to federal court, saying its disclaimer that it wasn't pursuing federal claims does not on its own put the case in state court.
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November 19, 2025
PacifiCorp To Pay $150M To 1,400 Survivors Of 2020 Wildfires
PacifiCorp announced Wednesday that it has reached a $150 million settlement with more than 1,400 plaintiffs who blame the Berkshire Hathaway-owned utility's equipment for sparking deadly Labor Day 2020 wildfires in Oregon.
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November 19, 2025
Nestle Asks 9th Circ. To Nix False Ad Class In Child Labor Suit
Nestle urged the Ninth Circuit on Wednesday to reverse certification of a class of millions of consumers who purchased chocolate labeled "sustainably sourced," saying claims the chocolate is produced through child labor and deforestation are untrue and the question of whether consumers purchased due to the labeling is highly individualized.
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November 19, 2025
Trump Admin Proposes Weakening ESA Protections
The Trump administration on Wednesday proposed four rules that would significantly weaken Endangered Species Act protections for plants and animals, drawing immediate condemnation from environmental and conservation groups.
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November 19, 2025
Green Groups Sue To Block Gulf Oil And Gas Lease Sale
Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.
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November 19, 2025
Eco Orgs. Ask 2nd Circ. To Undo NY, NJ Pipeline Project Nods
Environmental groups have sued New York and New Jersey environmental regulators over their issuance of Clean Water Act permits for a controversial Williams Cos. pipeline upgrade after previously denying the permits over pollution concerns.
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November 19, 2025
Tribes Challenge Oklahoma Over Hunting, Fishing Rights
A trio of Oklahoma Indigenous nations are asking a federal district court to declare that they have the right to hunt and fish on their reservation lands, arguing that the state is violating their treaty rights and inherent sovereign authority by prosecuting their members.
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November 19, 2025
Air Force Asks Justices To Nix Guam Munitions Disposal Suit
The U.S. Air Force is urging the Supreme Court to sink a Guam community group's challenge to the branch's request for a renewed permit to explode expired munitions on the island.
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November 19, 2025
Pierce Atwood Energy Pro Joins Barnes & Thornburg In DC
Marking his third career move in the last five years, a Pierce Atwood LLP partner has made the jump to Barnes & Thornburg LLP's office in Washington, D.C., to continue his work on transactional and regulatory matters related to new energy technologies.
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November 19, 2025
Trump's New Pick For CFPB Director Is OMB Energy Official
President Donald Trump has tapped an energy official at the Office of Management and Budget to become permanent director of the Consumer Financial Protection Bureau, a key regulator whose future remains in doubt after months of turmoil and dwindling finances.
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November 18, 2025
Broadband Permit Reforms Survive House Subcommittee
The House Communications and Technology Subcommittee had a productive morning Tuesday, consolidating 28 bills largely related to broadband permitting into seven and passing them along to the full committee for review.
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November 18, 2025
9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws
The Ninth Circuit on Tuesday blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court.
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November 18, 2025
NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe
A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.
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November 18, 2025
Trump Admin May Be Overpromising WOTUS Clarity
The Trump administration says its proposal to shrink the Clean Water Act's reach would reduce regulatory burdens and provide clarity to farmers, homebuilders and other businesses, but it could face court challenges and potential reworking by future administrations.
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November 18, 2025
Fla. Condo Says Insurers Handled Storm Claim In Bad Faith
A group of property insurers acted in bad faith by failing to properly, timely and fairly adjust a claim for damage caused by Hurricane Sally in 2020, the owner of a Pensacola condominium complex told a Florida federal court.
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November 18, 2025
1st Circ. May Nix Trump Funding Freeze In 'Weird' Case
The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.
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November 18, 2025
Romania Says Mining Co.'s $4.4B Claim Can't Be Revived
Romania is fighting against Gabriel Resources' bid to revive its $4.4 billion arbitration claim against the country, saying the mining company's attacks on a tribunal member are "opportunistic," and that his work for a non-governmental organization didn't affect the proceedings' outcome.
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November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions
Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
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November 18, 2025
Judge Questions If Trump's Say-So Makes Wind Edict Legal
A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.
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November 18, 2025
NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement
Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.
Expert Analysis
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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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.