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Environmental
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August 22, 2025
BBK Taps Gov't Affairs Director From Interior Leadership
Best Best & Krieger LLP has hired a U.S. Department of the Interior leader who helped advance drought resilience plans and advise the agency's secretary on water and science policy as the new director of its government affairs group, the firm announced.
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August 22, 2025
Fla. Appeals Order To Wind Down Detention Center Operations
A Florida official filed notice late Thursday that the state will appeal a federal judge's ruling ordering the government to begin winding down operations at the Everglades immigration detention center after finding the plaintiffs challenging it are likely to prevail on their environmental claims.
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August 21, 2025
Fla. Judge Orders Wind Down Of Everglades Detention Center
A Florida federal judge Thursday ordered the government to stop bringing new detainees to the Everglades immigration detention center dubbed "Alligator Alcatraz" and to begin winding down operations after finding the plaintiffs challenging the center are likely to prevail on their environmental claims.
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August 21, 2025
Nikola SPAC, Related Settlements Reach $33.75M In Del.
A multi-court string of settlements has produced a $33.75 million proposed payout for stockholders who alleged in direct and derivative state and federal actions that they were misled in deals that took electric vehicle maker Nikola Corp. public.
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August 21, 2025
'Sustainable' Fintech Leader Cops To $248M Investor Fraud
The co-founder of bankrupt financial services company Aspiration Partners Inc. agreed on Thursday to plead guilty to defrauding investors and lenders.
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August 21, 2025
Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.
The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.
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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
NC Senator Says Whirlpool Rigged TED Talk For Ad Campaign
Sen. DeAndrea Salvador, a Norh Carolina Democrat, accused appliance manufacturer Whirlpool Corp. of using manipulated portions of her old TED Talk on energy affordability to burnish its international ad campaign, according to a lawsuit filed Wednesday in North Carolina federal court.
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August 21, 2025
UC Grant Cuts Over DEI Likely Stifle Speech, 9th Circ. Says
The Ninth Circuit on Thursday refused to pause a preliminary injunction requiring three federal agencies to reinstate research grants terminated following two of President Donald Trump's executive orders seeking to eliminate diversity, equity and inclusion, saying the terminations likely aimed to suppress speech favorable of DEI and environmental justice.
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August 21, 2025
9th Circ. Rejects Rehearing On Alaskan Willow Oil Project
A Ninth Circuit panel won't undo its ruling to uphold the federal government's decision to only move forward with alternative versions of the ConocoPhillips Willow project that strayed from its original plans and that Alaskan Native and environmental advocacy groups say will result in full development of the Arctic oil reservoir.
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August 21, 2025
NJ Court Halts Tower Linked To Menendez Co-Conspirator
A New Jersey state court judge ordered a developer to halt construction on a mixed-use project formerly headed by a businessman convicted alongside former U.S. Sen. Robert Menendez, finding the buildings' height is "clearly exceeding" plans approved in 2018.
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August 21, 2025
HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts
The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.
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August 21, 2025
EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request
The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."
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August 21, 2025
Engineering Consultant Fights 'Sweeping' Ban On Job Move
A former principal for a California environmental consulting firm asked a Michigan federal judge Thursday to dissolve or narrow a restraining order barring her from taking a job at a competitor, calling the order a "sweeping" ban that would "destroy" her career.
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August 21, 2025
Feds Extend Mich. Coal Plant Order Amid Court Fight
The U.S. Department of Energy has renewed an order keeping a Michigan power plant open past its retirement date for another three months, as the government faces court challenges to its exercise of emergency powers.
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August 20, 2025
9th Circ. Blocks Alaska's Bid To Loosen Federal Fishing Regs
The Ninth Circuit on Wednesday said Alaska state officials may not open part of the Kuskokwim River to gill net fishing by all residents of the state because that would violate a federal law that favors rural, subsistence fishers.
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August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts
The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
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August 20, 2025
States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate
Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.
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August 20, 2025
Colo. AG Pans EPA Plan To End Vehicle-Emission Standards
Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.
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August 20, 2025
DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal
A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.
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August 20, 2025
Ark. Woman Gets Probation After Looting Native Burial Site
An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.
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August 20, 2025
2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit
The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.
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August 20, 2025
Chemours Says Injunction Appeal Warrants Stay Of CWA Suit
Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.
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August 20, 2025
5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill
A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.
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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
Expert Analysis
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.