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Environmental
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May 12, 2025
Calif. Tribe Can't Halt Decision On $700M Casino, Feds Say
The U.S. Department of the Interior has urged a D.C. federal court to reject a California tribe's bid to temporarily block the department's decision to rescind gambling eligibility for a $700 million casino project.
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May 12, 2025
Colo. Justices Give Green Light To Exxon, Suncor Climate Suit
The Colorado Supreme Court on Monday affirmed a lower court ruling allowing the city and county of Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed, saying that the claims aren't preempted by federal law.
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May 12, 2025
Mich. Judge Won't Certify Paper Mill Noxious Odor Class
Property owners have lost a bid to proceed as a class in litigation against Graphic Packaging International, with a Michigan federal judge saying the claims about a rotten-egg smell coming from a paper mill aren't suited for class treatment.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Broker's Insurer Wants Out Of Suit Over Bad Advice
A professional liability insurer told a Florida federal court it owes no coverage to an insurance broker accused of wrongly advising its client on a $15.9 million hurricane loss because the advice came years before coverage began.
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May 12, 2025
GOP Floats $30,000 SALT Cap, Renewed R&D Credit
House Ways and Means Republicans proposed a $30,000 state and local tax deduction cap and a renewed research and development credit in updated legislation to extend their 2017 tax overhaul law, which the committee plans to consider Tuesday.
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May 12, 2025
3 Firms Guide NRG, LS Power On $12B Natural Gas Deal
NRG Energy Inc. said Monday it has agreed to acquire a portfolio of natural gas-fired power plants and a virtual power plant platform from LS Power for $12 billion, in a cash-and-stock deal steered by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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May 09, 2025
Calif. Judge Blocks Trump's Gov't Reorganization, Job Cuts
A California federal judge on Friday temporarily blocked federal agencies and Elon Musk's Department of Government Efficiency from carrying out President Donald Trump's directive to reduce the government workforce, saying the president doesn't have the constitutional or statutory authority "to reorganize the executive branch."
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
Energy Group Backs States' BlackRock Coal Investments Suit
An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.
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May 09, 2025
Utah Tribe Challenges Colorado Parks' Bill Over Historical Ties
A Colorado bill that would give members of the Southern Ute Indian and Ute Mountain Ute tribes free access to the state's parks is being protested by their Utah sister tribe, which argues that the legislation disregards its deep historical connection and presence in its ancestral homelands.
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May 09, 2025
States Sue To Nullify Trump's Energy Emergency Order
States led by Washington and California on Friday challenged President Donald Trump's declaration of a national energy emergency, arguing in a lawsuit that one of his executive orders exceeds presidential authority and directs federal agencies to unlawfully speed up permitting of fossil fuel projects.
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May 09, 2025
Renewable Energy SPAC Taps Surging Market For $150M
EGH Acquisition Corp., a special purpose acquisition company targeting energy transition businesses, began trading Friday after raising a $150 million initial public offering, while another SPAC joined the pipeline as new filings continue to rise.
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May 09, 2025
EPA Broke Trust Duty In $16M Ovintiv Settlement, Court Told
A Utah tribe says negotiations between the U.S. government and Ovintiv USA Inc. over a $16 million Clean Air Act consent decree ignored federal protocol and harmed its sovereign interests, telling a federal court that its members will disproportionately suffer from the impacts of energy mineral production.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Clients Rely On Enviro Attys' Know-How On Rocky Reg Turf
The Trump administration's deregulatory agenda, staff reductions and funding threats are creating instability for industries that rely on environmental permits and communities reliant on pollution protections, leading law firms to dig deeper into their wealth of experience to better advocate for clients.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling
Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Taxation With Representation: Paul Weiss, Weil, V&E, Torys
In this week's Taxation With Representation, 3G Capital takes Skechers private, Sunoco LP buys Parkland Corp., and BCE Inc. and the Public Sector Pension Investment Board launch a wholesale network provider called Network FiberCo.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.Â
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May 08, 2025
Feds Urge High Court Not To Take Jury-Right Case
The government has asked the U.S. Supreme Court not to take up the case of a social media influencer who was denied a jury trial for a misdemeanor, arguing precedent and tradition show that "crimes" meriting a jury are distinct from petty offenses.
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May 08, 2025
Colo. Court Sets Next Toxic Tort Bellwether For January
Two more plaintiffs suing a Colorado medical sterilization company will try their claims that emissions from the company's facility caused their cancer, during a second bellwether trial to begin in January 2026, according to a Colorado state judge's order Thursday.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
Expert Analysis
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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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.