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Environmental
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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.
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November 17, 2025
Tyson Won't Make Carbon Claims Under Greenwashing Deal
Tyson Foods Inc. has agreed to stop making promises to reach "net-zero" greenhouse gas emissions by 2050 and to sell "climate-smart" beef, according to a settlement filed Monday that resolves greenwashing allegations brought by the Environmental Working Group.
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November 17, 2025
Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling
Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.
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November 17, 2025
AGs Seek To Freeze EPA Solar Grant Funds During Challenge
A coalition of states asked a Washington federal judge to maintain federal money for Solar for All grants during the pendency of their lawsuit challenging the U.S. Environmental Protection Agency's decision to kill the program, arguing that they're likely to prevail on their claims that the agency can't legally claw back funds Congress already obligated.
Expert Analysis
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.