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Environmental
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June 26, 2025
Lime Revs Up IPO, Crypto's Prospects Rise, And More Rumors
Uber Technologies Inc.-backed electric bike startup Lime is moving forward on a U.S. initial public offering, while more crypto ventures are seeking public listings and insurance giant BrightHouse inches closer to a sale.
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June 25, 2025
Texas Clinic Says Insurer Owes $2M For Hurricane Damage
A hospital clinic accused its insurer in Texas federal court Wednesday of severely underpaying its hurricane claim following a "substandard, cursory inspection" ignoring "obvious" damages, saying it only offered to cover roughly $3,500 worth of damage to a ventilation unit while the other damage totaled nearly $2.3 million.
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June 25, 2025
Fed. Circ. Backs EPA's Firing Of 'Disruptive' Whistleblower
The Federal Circuit upheld a decision finding the U.S. Environmental Protection Agency would've fired a federal employee even if she wasn't whistleblowing on its failure to submit affirmative employment plans, ruling Wednesday that while there was significant motive to retaliate, there's also evidence the employee was "disrespectful, disruptive and discourteous" toward colleagues.
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June 25, 2025
Michigan Builders Sue State Over Energy Code Mandates
Michigan homebuilders have sued to challenge the state's adoption of new construction codes, saying the energy efficiency demands will make new homes more expensive.
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June 25, 2025
Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict
An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.
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June 25, 2025
Hodgson Russ Adds Ex-GC Of NY Enviro Agency
Hodgson Russ LLP has hired the former longtime deputy commissioner and general counsel of the New York Department of Environmental Conservation to bolster its environmental and energy practices and expand the reach of its Albany, New York, office.
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June 25, 2025
FCC To Consult Tribes On Wireless Cos.' NEPA Petition
The Federal Communications Commission plans to consult with tribal governments on a wireless industry proposal to cut red tape associated with the National Environmental Policy Act for cell towers, following comments from Native American organizations blasting the plan and saying it would threaten sacred lands.
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June 25, 2025
Hanford Contractor To Pay $6.5M To Settle Fraud Allegations
A contractor tapped to manage and operate a tank farm holding millions of gallons of hazardous and radioactive waste at the Hanford nuclear site in Washington will pay $6.5 million to settle claims it overcharged the U.S. Department of Energy for labor hours, according to federal prosecutors.
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June 25, 2025
Paper Products Co. Settles Mich. AG's PFAS Lawsuit
A manufacturer of paper products has agreed to clean up a composting site to resolve allegations the company dumped paper sludge containing hazardous PFAS chemicals, Michigan's attorney general announced on Wednesday.
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June 24, 2025
Wash. Judge Blocks Trump Admin's EV Charging Funds Freeze
A Seattle federal judge Tuesday issued a preliminary injunction blocking the Trump administration from withholding funds for electric vehicle charging infrastructure projects in 14 states, but stopped short of applying it to two other states and Washington, D.C., and stayed the order to give the administration time to appeal.
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June 24, 2025
State AGs Sue Trump Admin To Stop Billions In Grant Cuts
A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.
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June 24, 2025
5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule
The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.
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June 24, 2025
NC Senate Backs $700M Boost For Hurricane Helene Recovery
The North Carolina Senate has signed off on a proposal to allocate another $700 million to the state's Hurricane Helene Disaster Recovery Fund, including $75 million for road and bridge repairs and $70 million to meet Federal Emergency Management Agency's state matching requirements.
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June 24, 2025
Ohio Derailment Deal Admin Wants Explanation For Ouster
The ex-administrator of Norfolk Southern's $600 million settlement with the people and businesses of East Palestine, Ohio, is asking a federal court to share why it was terminated, saying in filings Monday that the company had no idea the plaintiffs' counsel were going to ask for a new administrator.
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June 24, 2025
Green Group Sues Forest Service Over NH Logging Project
A green group on Monday asked a New Hampshire federal court to strike down the U.S. Forest Service's approval of a White Mountain National Forest logging project that the group said didn't get the proper environmental review.
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June 24, 2025
Alaska Must Challenge Tribe's Gaming Hall In Home State
The state of Alaska must challenge federal approval for an Alaska Native tribe's gaming hall on its home turf and not in Washington, D.C., a D.C. federal judge ruled.
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June 24, 2025
Pollution Exclusion Applies Without Exception, AIG Unit Says
An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.
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June 24, 2025
Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short
Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.
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June 23, 2025
GOP Plan For Merging Agencies Faces Reckoning, And Alarm
The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.
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June 23, 2025
Trump Admin Rescinds Clinton-Era 'Roadless' Logging Rule
U.S. Secretary of Agriculture Brooke L. Rollins announced Monday that she was rescinding the longstanding "Roadless Rule" limiting the number of roads built in national forests, calling the 2001 rule "outdated," contrary to the "will of Congress" and an obstacle to "common sense management of our natural resources."
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
Permit Delays Out Of Hand, Telecom Biz Tells Interior Dept.
Telecom providers are still having a tough time getting federal permits approved for broadband projects, with the Bureau of Land Management causing severe delays, the industry's main trade group told the U.S. Department of the Interior.
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June 23, 2025
Green Groups Urge DOI To Force Companies To Plug Wells
Conservation groups on Monday urged the Trump administration to block oil and gas companies with unplugged wells and inactive platforms from securing new offshore drilling rights, accusing the government of letting the companies use the ocean as their junkyard.
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June 23, 2025
NY Tribe Says Feds Ignore Public Health In Sanitation Fight
The Saint Regis Mohawk Tribe has asked a New York federal court to order the Indian Health Service to turn over its authority to maintain sanitation facilities to the tribe, arguing that part of the IHS's public health mission is to ensure clean water and functioning sewage systems.
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June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row
An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
Expert Analysis
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.