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Environmental
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September 22, 2025
Energy Investor Can Enforce €61M Award Against Bulgaria
A D.C. federal judge Monday sided with Maltese investor ACF Renewable Energy Ltd. in a suit seeking to enforce a €61 million ($71.86 million) arbitral award against Bulgaria in a dispute over the country's changes to a fixed 20-year rate plan.
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September 22, 2025
Trump Admin Says Calif. Emissions Waiver Fight Is DOA
The Trump administration has told a federal judge that California can't use the courts to override the will of Congress and undo the revocation of Clean Air Act waivers allowing the Golden State to establish its own vehicle emissions standards.
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September 22, 2025
EPA Proposes Rolling Back TSCA Risk Evaluation Regs
The U.S. Environmental Protection Agency on Monday proposed loosening regulations for chemical health risk evaluations, saying the existing set can unnecessarily prolong reviews and stifle new products, but green groups are criticizing the move as a giveaway to industry.
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September 22, 2025
NextEra Dodges Antitrust Claims In $1B Power Line Fight
A Massachusetts federal judge on Monday dismissed claims that NextEra Energy violated antitrust law in efforts to delay construction of a $1 billion transmission line, saying developer Avangrid Inc. failed to show how NextEra's actions limited competition in New England electricity markets.
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September 22, 2025
8th Circ. To Hear Tribal Tesoro Pipeline Row In October
The Eighth Circuit has set arguments for Oct. 21 in North Dakota tribal members' challenge to a lower court's decision that denied them intervention in a lawsuit against the federal government's right-of-way trespassing claims against Tesoro High Plains Pipeline.
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September 22, 2025
Mich. Panel Reaffirms 3M's Win In Challenge To PFAS Rules
A Michigan appellate panel has again upheld a court decision invalidating Michigan's limits on PFAS chemicals in tap water, finding that 3M Co. may challenge the rules in court without first lodging an administrative complaint with the state's environmental agency.
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September 22, 2025
Perkins Coie Adds Former US Treasury Tax Policy Atty In DC
Perkins Coie LLP has brought on a tax attorney who worked in the U.S. Department of the Treasury's Office of Tax Policy, where he handled work related to laws such as the Inflation Reduction Act and the One Big Beautiful Bill Act, the firm announced Monday.Â
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September 22, 2025
34-Year DOJ Enviro Atty, Deputy Assistant AG, Joins Bracewell
A career U.S. Department of Justice environmental lawyer, who most recently was the deputy assistant attorney general of the agency's Environmental and Natural Resources Division, has taken his first role in private practice at Bracewell LLP, where he'll work as a partner, the firm announced Monday.
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September 22, 2025
Judge Affirms JV Ineligibility For Navy Small Business Award
The U.S. Court of Federal Claims ruled that a business failed to cede enough control of a mentor-protégé joint venture to qualify for a U.S. Navy solicitation that sought a small business to provide environmental compliance support services.
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September 22, 2025
Feds Oppose Calif. Tribes' Bid To Halt Casino Dispute
The U.S. government has asked a District of Columbia federal court judge to reject a stay motion filed by three California Native American tribes that are challenging the approval of another tribe's casino-resort project, arguing that the trio has failed to justify pausing the suit before the court rules on the government's request for a Golden State federal court transfer.
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September 22, 2025
Judge Rules Revolution Wind Can Restart Wind Farm Work
A D.C. federal judge gave Revolution Wind the green light to restart work on its billion-dollar wind farm off the Rhode Island coast Monday, halting a stop work order issued by the Trump administration last month, two years after the project got federal approval from the Biden administration.
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September 19, 2025
Gov't Must Keep Waiting To Pursue Oil Cleanup Claims
A Washington federal judge will continue to pause the U.S. government's claims against two defendants in an environmental cleanup case following a 2021 incident in which a derelict fishing vessel ran aground while being towed off the California coast.
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September 19, 2025
Foreign Entity Rules Begin To Shape Clean Energy Deals
The recently enacted federal budget that attaches stricter foreign supply chain and business ownership rules to clean energy tax credits has started to take practical effect, with project developers rewriting agreements to avoid getting snagged in the new regulatory regime.
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September 19, 2025
Satellite Biz Bristles At Idea Of Tougher FCC Enviro Oversight
Satellite companies say the Federal Communications Commission should exempt their operations from review under the National Environmental Policy Act because they are "inherently extraterritorial" projects.
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
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September 19, 2025
SoCal Edison Inks Deal To Recover $2B In Woolsey Losses
Southern California Edison Co. revealed in a U.S. Securities and Exchange Commission filing Friday that it has reached a proposed settlement that would allow it to recover about $2 billion of its estimated $5.6 billion in losses connected to the 2018 Woolsey Fire.
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September 19, 2025
Ill. Panel Upholds Monsanto's Trial Win In Roundup Case
A juror's letter to a Cook County judge stating that plaintiffs' counsel is "woefully ill prepared" and "taking too long to make their points," and the judge's refusal to give jurors a proximate cause jury instruction, aren't grounds to upend a jury verdict for Bayer subsidiary Monsanto on claims that its herbicide Roundup caused blood cancer, an Illinois appellate panel ruled.
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September 19, 2025
DC Circ. Sides With FERC On Puerto Rican Gas Pipeline
The D.C. Circuit on Friday unanimously rejected challenges to a liquefied natural gas pipeline in Puerto Rico built after hurricanes battered the island's electrical grid, saying the Federal Energy Regulatory Commission's decision not to stop the project fell under its unreviewable enforcement discretion.
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September 19, 2025
Moldex Says Rival Is Greenwashing With 'Bio-Based' Claims
Moldex-Metric Inc. is suing rival earplug maker Protective Industrial Products Inc. in California federal court, saying it is enjoying an unfair advantage by claiming that its products are "eco-friendly" and made with 82% "bio-based" material despite knowing that these claims are false.
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September 19, 2025
Builder Not Covered In Conn. Park Dispute, Insurers Tell Court
Two insurers have no duty to defend or indemnify a developer and two of his companies against a suit accusing them of unlawfully encroaching on and destroying public land because the claims do not trigger their policies' insuring agreements, the insurers told a Connecticut federal court.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
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September 19, 2025
Michigan Justices To Weigh Enbridge Pipeline Tunnel Dispute
The Michigan Supreme Court agreed Friday to hear challenges to state regulators' approval of an Enbridge Energy LP plan to construct a miles-long tunnel for a petroleum pipeline underneath a Great Lakes shipping corridor.
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September 19, 2025
Rhode Island, Connecticut Fight To Finish Building Wind Farm
The Rhode Island and Connecticut attorneys general asked a Rhode Island federal judge to allow an energy developer to resume work on an offshore wind farm that is 80% complete, arguing that a delay past Monday could imperil the entire project and thwart states' abilities to meet mandated emissions goals.
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September 19, 2025
Berkshire Unit Conserves Land To End NC Runoff Claims
A Berkshire Hathaway affiliate has struck a settlement with an environmental group in federal court under which it will conserve a parcel of land and take other steps to prevent sediment from reaching creeks near a North Carolina housing development.
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September 18, 2025
Alaska Asks Justices To End Feds' Subsistence Fishing Regs
The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.
Expert Analysis
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.