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Environmental
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July 30, 2025
GHG Regs Rollback Would Test Clean Air Act Interpretation
The U.S. Environmental Protection Agency's proposal to eliminate a pillar of climate change regulation could test the agency's — and courts' — interpretations of Clean Air Act language that has remained largely unquestioned since the Obama administration.
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July 30, 2025
8th Circ. Tosses Ruling Striking Binding NEPA Regulations
The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.
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July 30, 2025
EPA Extends Compliance Deadlines For Methane Control Rule
The U.S. Environmental Protection Agency is extending certain compliance deadlines for a Biden-era rule that imposed sweeping new methane control requirements for oil and gas infrastructure.
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July 30, 2025
Calif. Tribe Says 70-Acre Casino Land Fight Must Continue
The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.
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July 30, 2025
Wash. Condo Group Seeks $10M In Water Damage Coverage
A condominium association said its Country Financial insurers must provide coverage for an estimated $10.4 million in hidden water damage, telling a Washington federal court the insurers have failed to make a coverage determination in the two years since the association submitted its damage claim.Â
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July 30, 2025
Buddhist Group's Suit Against Everglades Project Advances
A Florida Buddhist center's suit against an Army Corps of Engineers project in the Everglades will continue after a district court judge determined the center plausibly argued that the potential impacts of the project's construction didn't become clear until at least 2022.
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July 30, 2025
Trump Official Denies Shutting Down FEMA Disaster Program
The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.
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July 29, 2025
Oil Co. Misled Investors Prior To $295M Offering, Suit Says
Oil and gas company Sable Offshore Corp. is facing a proposed investor class action alleging the company hurt investors by overpricing a secondary public offering after misrepresenting it had restarted oil production at a field off the coast of California.
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July 29, 2025
9th Circ. Urged To Rehear Alaskan Willow Project Ruling
Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.
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July 29, 2025
Affirmed Energy Says FERC Unlawfully Cut Auction Rights
Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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July 29, 2025
11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit
The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States."Â
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July 29, 2025
OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair
Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
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July 29, 2025
EPA Proposes Ditching GHG Danger Finding In Tailpipe Rule
The U.S. Environmental Protection Agency on Tuesday proposed repealing an Obama-era finding that greenhouse gases endanger people's health and all vehicle emissions standards that relied upon that finding.
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July 29, 2025
Ford Settles Proposed Class Action Over Emissions Warranty
Ford has settled a putative class action accusing it of violating the unfair competition law by failing to provide an emissions warranty for Golden State drivers whose vehicle transmissions weren't covered for seven years or 70,000 miles, according to a notice filed in California federal court.
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July 29, 2025
NC Engineer Says Green Energy Co. Withheld Stock Options
A former engineer at a North Carolina climate technology company sued his ex-employer, claiming the company and its board refused to let him exercise his stock options after he left for another green energy business.
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July 29, 2025
Calif. Allows Retroactive Tax Exclusion For Solar Property
California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.
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July 29, 2025
Judge Wants Docs On Feds' Role In Fla. Detention Center Suit
A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.
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July 29, 2025
5 Firms Lead $2.48B Sale Of Piedmont Natural Gas' Tenn. Biz
Duke Energy on Tuesday announced plans to sell its Piedmont Natural Gas Tennessee local distribution business to natural gas company Spire Inc. in a $2.48 billion all-cash deal that was built by five law firms.
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July 29, 2025
Judge Says Tug Operator Estate Liable For $14M Cleanup Bill
A Washington federal judge ruled that the estate of a tugboat master is jointly and severally liable for about $14.4 million of oil cleanup costs the U.S. government incurred after a derelict fishing vessel being towed ran aground on the California coast.
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July 29, 2025
Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds
A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.
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July 28, 2025
Patent Damages Explode As Practice Areas See Wild Swings
Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.
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July 28, 2025
Apache Women Look To Block Arizona Site's Destruction
A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.
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July 28, 2025
Rincon Band Says NEPA Reform Proposal Is Bad Idea
The Rincon Band of Luiseño Indians says projects under the FCC's jurisdiction have historically "failed to adequately identify and assess historic properties of cultural and religious significance to Tribal Nations" and a proposal to loosen National Environmental Policy Act rules will make things only worse.
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July 28, 2025
Florida's AG Announces 'Climate Cartel' Investigation
Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.
Expert Analysis
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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.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.