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Environmental
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April 29, 2025
Michigan Asks Justices To Sustain Remand Of Pipeline Fight
The Michigan attorney general on Tuesday told the U.S. Supreme Court that there's no need for it to review a Sixth Circuit decision remanding to state court a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
PacifiCorp Hit With $11M Verdict In Latest Wildfire Case
A Portland, Oregon, jury awarded around $10.8 million in noneconomic damages Tuesday to nine plaintiffs who suffered property damage in a group of 2020 wildfires attributed to PacifiCorp's negligence, with the awards likely to be increased to account for punitive damages.
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April 29, 2025
FERC Wrongly Greenlighted Kan. Grid Projects, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully approved a Kansas electric co-operative's transmission development projects despite rejecting a regional grid operator's plan to divide the costs of such projects, the D.C. Circuit heard Monday.
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April 29, 2025
Sullivan M&A Chief Sees Opportunities Amid Tariff Turmoil
After a rocky start to 2025, the mergers and acquisitions landscape is grappling with economic volatility, shifting trade policies and a complex regulatory environment. But even in a "choppy" market, there are always deals to be made, says Melissa Sawyer, global head of Sullivan & Cromwell LLP's M&A group and co-head of its corporate governance practice.
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April 29, 2025
2 Insurance Firms Join Frozen IPO Pipeline Seeking $440M
Two insurance companies joined the roster of candidates for initial public offerings on Tuesday by launching plans to raise about $440 million combined under guidance from six law firms, potentially unlocking a stalled pipeline.
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April 29, 2025
Kirkland Guides Allied Industrial On $300M Fund Close
Houston-based Allied Industrial Partners has closed its inaugural fund at its $300 million hard cap, achieving the objective under the legal guidance of Kirkland & Ellis LLP.
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April 29, 2025
Stonepeak Buying Stake In Spain's Repsol For $340M
Vinson & Elkins LLP-advised Stonepeak has agreed to purchase a 46.3% stake in Latham & Watkins LLP-advised Repsol's 777-megawatt solar and storage portfolio in the U.S. for $340 million, according to a Tuesday announcement.
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April 28, 2025
Pulled Decision Dooms Chicago Disposal Site Suit, Feds Say
The U.S. Army Corps of Engineers urged an Illinois federal judge to toss a suit challenging its decision to expand a disposal facility that stores sediments dredged from Chicago waterways now that it has withdrawn that decision.
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April 28, 2025
Ag Groups Say 'Common Sense' Means Standing In EPA Suit
The U.S. Environmental Protection Agency hit back Monday at a contention by agricultural groups that "common sense" gives them standing to challenge a 2024 rule that changes the type of gasoline car manufacturers are required to test for fuel economy.
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April 28, 2025
Biz Groups Fight NY's Bid To Join Their Climate Suit With States'
Fossil fuel industry groups countered the New York attorney general's bid to transfer their lawsuit fighting a $75 billion tab they must pay for climate change adaptation projects, saying joining their suit with one from a group of Republican states would serve neither justice nor judicial economy.
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April 28, 2025
Veolia Settles Flint Water Crisis Claims For $53M
A Michigan federal judge entered final judgment Monday in litigation brought by the state of Michigan and about 26,000 individuals against Veolia North America alleging it prolonged the water crisis in Flint, Michigan, after a $53 million settlement was approved earlier this month.
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April 28, 2025
EPA Waiver Lifts Summer Ban On High-Ethanol Fuel Sales
The U.S. Environmental Protection Agency on Monday formally suspended the usual summer ban on sales of higher-ethanol gasoline blends, the fourth year in a row the agency has done so.
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April 28, 2025
Ziploc 'Microwave Safe' Bags Shed Microplastics, Buyer Says
S.C. Johnson & Son Inc. falsely markets Ziploc bags and containers as "microwave safe" and suitable for use in freezers despite knowing they are made from materials that shed microplastics into food when the products are used as directed, according to a proposed class action filed in California federal court.
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April 28, 2025
FAIR Plan Failed To Pay For LA Fire Smoke Claims, Suit Says
Another group of California homeowners has accused the state's insurer of last resort of illegally denying and underpaying claims for smoke damage following the Los Angeles wildfires despite its obligation to cover all fire-related damage under California law, according to a lawsuit filed in state court.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
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April 28, 2025
EPA Restarts Voluntary Retirement Program
The U.S. Environmental Protection Agency on Monday refreshed its effort to convince employees to take a voluntary retirement package that was rolled out in the early days of the Trump administration but has been dormant until now.
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April 28, 2025
Nikola Seeks Court OK For $9M Climate-Credit Sale Process
Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.
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April 28, 2025
EPA Touts Intention To Act On PFAS Contamination
The U.S. Environmental Protection Agency on Monday said it's planning a series of actions to address pollution from forever chemicals, including the designation of a leader for PFAS regulation and issues at the EPA.
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April 28, 2025
10th Circ. Says EPA Overlooked Colo. Air Pollution Concerns
The Tenth Circuit on Monday said the U.S. Environmental Protection Agency inappropriately approved changes to Colorado's air pollution standards that a green group claimed allow regulators to disregard emissions during drilling, fracking and well completion processes.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
Okla. Backs Wind Farm At 10th Circ. In Osage Mineral Dispute
Oklahoma is backing Enel Power in its Tenth Circuit bid to undo a $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, saying the project provides tax revenue, employment and a stable power source for tens of thousands of homes.
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April 25, 2025
SPAC Deals Are Buzzing Again Despite Tariff Turmoil
Amid heavy volatility that has largely frozen traditional initial public offerings, deal teams are launching more special purpose acquisition companies, an alternative market to typical IPOs that so far has shown few ill effects from tariff-related uncertainty.
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April 25, 2025
Interior's Energy Permits Plan Has Legal And Practical Risks
The U.S. Department of the Interior's plan to truncate environmental reviews and accelerate the approval process for certain energy projects could be vulnerable to lawsuits, given the legwork needed to ensure project reviews are sufficient.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.