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Environmental
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September 23, 2025
Dali's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
4 Firms Pave Way For $1B All-Cash Drainage Systems Deal
Advanced Drainage Systems said Tuesday it will acquire National Diversified Sales, the water management business of Germany's Norma Group SE, in an all-cash deal valued at about $1 billion.
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September 23, 2025
Foes Slam Feds' GHG Plan As Trump Decries Green 'Scam'
Green groups and democrats are strongly opposing the U.S. Environmental Protection Agency's proposal to abandon a key greenhouse gas policy, as President Donald Trump on Tuesday called climate change "the greatest con job ever perpetrated on the world."
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September 23, 2025
EPA Still Can't Escape Tort Claims Over Flint Water Crisis
A Michigan federal judge has again denied a U.S. Environmental Protection Agency request to dismiss Federal Tort Claims Act litigation seeking to hold the government liable for allegedly lax oversight of the water system in Flint, Michigan.
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September 23, 2025
Law Firms Sued Over La. Hurricane Claim Fee Scheme
Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.
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September 23, 2025
Chemours Asks 4th Circ. To Toss Ohio River Pollution Order
Chemours told the Fourth Circuit a West Virginia federal judge botched the law and the science about the risks a forever chemical poses when he ordered its Washington Works facility to stop discharging permit-exceeding amounts of the substance into the Ohio River.
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September 23, 2025
Sullivan & Cromwell Guides Sempra On $10B Subsidiary Sale
Sempra said Tuesday it has agreed to sell a 45% stake in its infrastructure subsidiary to a consortium led by KKR and Canada's CPP Investments for $10 billion, while separately securing $7 billion of equity financing led by Blackstone to advance a major liquefied natural gas project in Texas.
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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.
Expert Analysis
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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.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.