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Environmental

  • May 08, 2025

    10th Circ. Urged To Undo Insurers' Pollution Exclusion Win

    A New Mexico property owner urged the Tenth Circuit to rethink its ruling that separate pollution exclusions in its commercial general liability policies entirely removed two insurers' duty to defend underlying environmental contamination claims, arguing the appeals court overlooked a significant principle under settled New Mexico insurance law.

  • May 08, 2025

    Feds Secure Short-Term Agreements For Colo. River System

    The U.S. Department of the Interior has negotiated the extensions of 18 conservation agreements with stakeholders as part of a plan to conserve water along the Colorado River in California and Arizona.

  • May 08, 2025

    NC Failed To Act On PFAS Pollution, Chemours, EIDP Say

    Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.

  • May 08, 2025

    Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.

    A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.

  • May 08, 2025

    Milbank Hires King & Spalding Tax Planning Atty In DC

    Milbank LLP has added a former King & Spalding LLP tax attorney as a partner in its global project, energy and infrastructure finance group in Washington, D.C.

  • May 08, 2025

    FERC Says Grid Upgrade Bill For Solar Farm Was Justified

    The Federal Energy Regulatory Commission defended its decision to affirm a regional transmission operator's assignment of $311 million in upgrade costs for a Texas solar farm to connect to the grid, telling the D.C. Circuit studies of the project's impacts were sound.

  • May 07, 2025

    Ga. Landowner Says Exempt Farm Activities Doom CWA Suit

    Georgia property owners have accused neighbors of polluting streams and lakes on their land while prepping to build a solar farm, but the neighbors this week told a federal judge their actions were for agricultural purposes, which should exempt them from any Clean Water Act claims.

  • May 07, 2025

    Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case

    Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.

  • May 07, 2025

    Sidley-Led Insurer Aspen Leads 2 IPOs Raising $508M Total

    Private equity-backed specialty insurer Aspen Insurance Holdings Ltd., represented by Sidley Austin LLP, on Wednesday raised $397.5 million after pricing an upsized initial public offering, leading one of two insurance listings that netted $507.5 million combined as more companies tiptoe back into the IPO market. 

  • May 07, 2025

    Politics, Tech Issues Top Concerns At Chicago Risk Event

    Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.

  • May 07, 2025

    NC Panel Backs OT Pay For Foresters Who Fought Wildfire

    A North Carolina appeals court largely backed a lower court's wage ruling Wednesday in a 17-year legal battle the Tar Heel State has fought with a group of state foresters about overtime pay they said they were not paid for fighting a 2008 fire.

  • May 07, 2025

    Shell Says Conn. Draft Shows Climate Review Wasn't Needed

    Two Shell Oil subsidiaries have asked a Connecticut federal judge to pause expert discovery in an environmental group's challenge to pollution prevention efforts at a New Haven petroleum terminal along Long Island Sound, claiming state regulators have clarified that their current permit does not squarely require a climate change review.

  • May 07, 2025

    16 States Sue DOT Over EV Charging Infrastructure Funds

    The Trump administration has illegally cut off congressionally approved funding for electric-vehicle charging infrastructure projects, a group of states alleged in a federal lawsuit filed on Wednesday.

  • May 07, 2025

    NY Eyes Injunction Against Feds In Congestion Price Fight

    New York transportation agencies have asked a federal judge to block the U.S. Department of Transportation from following through on its threat to withhold federal funding for Manhattan roadway projects if the Empire State doesn't halt congestion pricing.

  • May 07, 2025

    AI-Focused SPAC Raises $125M As Blank-Check Filings Surge

    Dune Acquisition Corp. II, a special purpose acquisition company targeting artificial intelligence and various technologies, began trading Wednesday after raising $125 million, the latest SPAC to join the market as three more such vehicles filed IPOs in recent days.

  • May 07, 2025

    Geely Lobs Offer To Take Chinese EV Maker Zeekr Private

    Chinese carmaker Geely Automobile Holdings Ltd. on Wednesday announced it has submitted a non-binding proposal to take Chinese electric-vehicle maker Zeekr private by acquiring the remaining shares it does not already own.

  • May 06, 2025

    CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes

    A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.

  • May 06, 2025

    Colo. Judge Wary Pausing Dam Construction Can't Be Done

    A Colorado federal judge said at the end of a daylong hearing Tuesday that she still had not heard what she needed to decide if further construction is necessary to ensure a partially constructed dam won't create public safety risks, after she had previously halted the project for further environmental review.

  • May 06, 2025

    Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told

    A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.

  • May 06, 2025

    Group Says $1.6M Funding Cut Derails Native History Efforts

    The National Congress of American Indians says a recent $1.6 million funding cut to Native American boarding school research by the Trump administration will derail efforts to document the history of Indigenous communities, survivors and those who never made it home.

  • May 06, 2025

    Benton Harbor Must Face Lead Contamination Mass Tort

    A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.

  • May 06, 2025

    Texas Jury Clears Marathon Oil In $123M Force Majeure Case

    A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.

  • May 06, 2025

    Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver

    A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.

  • May 06, 2025

    Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit

    Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.

  • May 06, 2025

    DOD Says It Has Standing To Halt Labor Contracts

    The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."

Expert Analysis

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • Opinion

    Commercial Tree Thinning Should Be Part of Wildfire Control

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    The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Assessing Gary Gensler's Legacy At The SEC

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    Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.

  • Opinion

    Legal Personhood Can Give Natural Entities Their Day In Court

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    Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Trump's Energy Plans For Generation, Transmission And More

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    The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Managing Litigation Side-Switching During 2nd Trump Admin

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    Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

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    A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.

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