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Environmental
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April 14, 2025
Colorado Oil Co. Says Hefty Penalties Are Unlawful Taking
An ailing oil and gas company asked a federal judge Friday to block Colorado orders requiring it to halt some operations and pay $8 million in penalties, arguing that they amount to an unconstitutional taking of its property without compensation.
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April 14, 2025
NJ High Court Advances DuPont Appeal In $1B Pollution Suit
The New Jersey Supreme Court will allow Chemours and E.I. du Pont de Nemours to appeal a trial court's ruling that a small New Jersey town has standing to bring its $1 billion pollution suit, according to a recent order.
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April 14, 2025
1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says
A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.
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April 14, 2025
Four State Govs. Call On EPA To Increase Biofuel Targets
Governors of Iowa, Missouri, Nebraska and South Dakota urged the U.S. Environmental Protection Agency to boost the amount of biofuel blended into fuel supplies as a way to help meet the Trump administration's domestic energy goals and strengthen investment in agriculture and rural communities.
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April 11, 2025
Boeing Birth Defect Cases Paused Until Wash. Appeals Ruling
Lawsuits seeking to hold Boeing liable for birth defects sustained by children of the company's factory workers were put on hold, after a Washington state judge ruled that an appeals court must first decide if companies have a duty of care for the "not-yet-conceived offspring" of their employees.
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April 11, 2025
3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits
Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.
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April 11, 2025
DOJ Torches Biden-Era Enviro Justice Deal With Alabama
The U.S. Department of Justice on Friday terminated a groundbreaking civil rights law-based environmental justice settlement intended to improve water infrastructure in a low-income Black community in Alabama, calling it another step in the Trump administration's effort to eliminate anti-discrimination initiatives.
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April 11, 2025
FTC Starts Process That May Nix Chevron, Exxon Deal Limits
The Federal Trade Commission took the first steps Friday toward potentially lifting bans on the CEOs of Hess and Pioneer Natural Resources serving on the boards of Chevron and Exxon, respectively, under agreements assailed by the FTC's Republican leadership who want to permit the Chevron-Hess and Exxon-Pioneer mergers without those restrictions.
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April 11, 2025
7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion
A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.
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April 11, 2025
EV Charging Biz Sues Over Alleged Seattle Station IP Theft
An electric-vehicle charging network has launched a lawsuit in Seattle federal court accusing a number of Washington state residents of conspiring to rip equipment from its charging stations in order to resell it on the streets, while also lifting the company's trade secrets.
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April 11, 2025
Texas Justices Uphold City's Wastewater Release Permit
A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.
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April 11, 2025
Trump Grid Order Threatens To Roil Electricity Sector
President Donald Trump's directive to keep struggling power plants on the grid is an unusual use of the U.S. Department of Energy's authority to ensure power delivery during emergencies, and it could invite lawsuits while upending wholesale electricity markets.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
Camp Lejeune Plaintiffs Challenge Gov't Expert Site Visit
Veterans and family members suing the federal government over injuries from toxic drinking water at Camp Lejeune have urged a North Carolina federal judge to exclude information from an expert's February visit to the base, arguing it was made after a court deadline.
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April 11, 2025
Holland & Hart Adds 2 More Ariz. Perkins Coie Enviro Attys
Holland & Hart LLP is continuing to expand its environmental bench, announcing that it has welcomed two Perkins Coie lawyers to the Phoenix office it opened last month with two former Perkins Coie partners.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Taxation With Representation: Norton Rose, Ropes & Gray
In this week's Taxation With Representation, Capri Holdings sells Versace to Prada, Woodside Energy sells a liquefied natural gas terminal stake to Stonepeak, crypto infrastructure firm Ripple acquires prime brokerage platform Hidden Road, and Bain Capital takes a stake in Lincoln Financial.
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April 11, 2025
Apollo Plugs $400M Into Joint Venture With Solar Company
Private equity giant Apollo, led by Orrick Herrington & Sutcliffe LLP, on Friday announced plans to commit up to $400 million to a new joint venture partnership with commercial solar company Summit Ridge Energy LLC.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
Monsanto Can't Nix PCB Expert From 11th Seattle School Trial
A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.
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April 10, 2025
Puerto Rico Judge Says Atty Plagiarized Climate Complaint
Calling it a "cautionary tale for all members of the bar," a Puerto Rico federal judge has upbraided an attorney representing San Juan for plagiarizing the complaint and other briefs in the municipality's lawsuit alleging energy industrial giants misrepresented the climate dangers of fossil fuel products.
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April 10, 2025
Alaskan Tribes Sue Army Corps Over Gold Mining Project
The U.S. Army Corps of Engineers failed to adequately evaluate the effects of a suction dredge mining project for gold on a "pristine" Alaskan estuary, Native American tribes said in a lawsuit filed Thursday.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Conservation Groups Sue BLM To End Stagnant Oil Leases
Colorado conservation groups sued the U.S. Bureau of Land Management on Thursday over 22 oil and gas leases on some of the state's "most pristine public land," contending the agency failed to terminate leases despite failures by the leaseholders to pay rent or produce oil and gas.
Expert Analysis
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.