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Environmental

  • April 25, 2025

    NJ Industrial Remediation Claims Not Time-Barred, Panel Says

    A Garden State appellate panel on Friday revived New Jersey's suit seeking the remediation of a contaminated industrial property in the city of Camden and associated damages, ruling that the state's remediation claims are not time-barred.

  • April 25, 2025

    Apache Want To Pause Enviro Study Until High Court Ruling

    An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.

  • April 25, 2025

    Nelson Mullins Adds Product Liability Pro In Charlotte

    Nelson Mullins Riley & Scarborough LLP has welcomed seasoned product liability litigator William Purnell to its Charlotte, North Carolina, litigation group, where the firm said it intends to draw on his experience defending manufacturers in complex matters involving everything from consumer goods to industrial equipment.

  • April 25, 2025

    Taxation With Representation: Dechert, Brown Rudnick

    In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.

  • April 24, 2025

    DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws

    The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.

  • April 24, 2025

    11th Circ. Considers Sackett's Impact In Clean Water Suit

    Green groups and citizens who alleged Georgia's Sea Island resort misled the Army Corps of Engineers about a wetlands filling project urged the Eleventh Circuit to revive their suit Thursday, with the groups and resort arguing the Supreme Court's 2023 ruling in Sackett v. EPA worked in their favor.

  • April 24, 2025

    EPA Faces Diverging Input On How To Modify WOTUS Rule

    The Trump administration is being pulled in opposite directions by a wide variety of industry groups that are urging it to take a very narrow view of the Clean Water Act's jurisdiction, and environmental organizations and others who say the law should cover the most waterways possible.

  • April 24, 2025

    2 SPACs Join Recovering Market With $461M In New Capital

    Two special purpose acquisition companies raised $461 million combined through initial public offerings in the past two days in order to pursue mergers targeting several industries, represented by three law firms, extending an uptick in SPAC offerings despite broader market volatility.

  • April 24, 2025

    8th Circ. Quizzes SEC About Fate Of Climate Regs

    The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.

  • April 24, 2025

    $1M Settlement In Ga. PFAS Litigation Gets Judge's Final OK

    A Georgia federal judge gave a final sign-off Wednesday to a $1 million settlement that will see a chemical company provide temporary drinking water resources to a northwest Georgia town to end the company's involvement in a suit over the alleged release of forever chemicals into local waterways.

  • April 24, 2025

    DOJ Probing Disney-FuboTV Deal, And Other Rumors

    The DOJ is investigating Disney's proposed FuboTV acquisition, Merck is close to a $3.5 billion deal for SpringWorks, and U.S. investor James Cameron offered $5 billion for a Luxembourg-based mining enterprise. Here, Law360 breaks down these and other notable deal rumors from the last week.

  • April 24, 2025

    Pennsylvania Coal Co. Reaches Cleanup Deal In Ch. 11 Case

    Bankrupt coal-mining company Corsa Coal Corp. told a Pennsylvania judge that it had reached a deal with state regulators that resolves a dispute over water source cleanup obligations, with the debtor agreeing to pay $800,000 to be distributed to contaminated water source users.

  • April 24, 2025

    US Must Pay ND $28M Over Dakota Access Pipeline Protest

    The United States must pay the state of North Dakota $28 million in damages for its failure to control Dakota Access pipeline protesters, a federal judge determined, saying the judgment is a reminder to the federal government of its role in the larger picture of ensuring peace.

  • April 23, 2025

    CEOs Urge SEC To Ban Political Activists' Proxy Proposals

    The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."

  • April 23, 2025

    Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit

    A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.

  • April 23, 2025

    Denver Water Says Dam Work Won't Hurt Environment

    The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.

  • April 23, 2025

    10th Circ. Says Lower Court Erred On Pollution Coverage

    A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."

  • April 23, 2025

    Texas Court Skeptical Of 'Death Star' Standing Argument

    A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.

  • April 23, 2025

    Justices Hint That Fuel Groups Can Fight Emissions Waiver

    U.S. Supreme Court justices on Wednesday appeared to back a contention from fuel industry groups that they have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for vehicles.

  • April 23, 2025

    Judge Says Calif. Tribes Can't Intervene In $700M Casino Row

    A District of Columbia federal judge refused on Wednesday to allow three California tribes and a company to intervene in another California tribe's suit accusing the federal government of wrongfully rescinding gambling eligibility for the tribe's $700 million casino project.

  • April 23, 2025

    Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit

    Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.

  • April 23, 2025

    New Mexico Wildfire Sparks Suit Against Federal Government

    The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.

  • April 23, 2025

    9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row

    A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating pollution claims brought by the city, arguing they improperly relied on a depublished decision.

  • April 23, 2025

    6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.

    The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.

  • April 23, 2025

    Railcar Co. Owes Nothing In $600M Ohio Derailment Deal

    A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago.   

Expert Analysis

  • A View Of The Shifting Insurance Regulatory Landscape

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    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.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    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.

  • When Innovation Overwhelms The Rule Of Law

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    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.

  • The Tides Are Changing For Fair Access Banking Laws

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    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.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    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.

  • A Halftime Analysis Of DOJ's Compensation Pilot Program

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    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.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    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.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    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.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    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.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    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.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 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.

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