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Environmental
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August 13, 2025
Colo. AG To Stay Enforcement Of Gas Stove Labeling Law
The Colorado Attorney General's Office agreed to stay enforcement of a recent law mandating that a health warning be placed on all gas stoves until a resolution is reached on a forthcoming request for preliminary injunction by a trade association, which claims the law is unconstitutional.
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August 13, 2025
Business Groups Fail To Halt Calif. Climate Reporting Rules
The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.
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August 13, 2025
Trump Taps Democratic Commissioner As Acting FERC Chair
President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.
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August 27, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
Judge Blocks Trump Restrictions For $12B In Federal Grants
A Washington federal judge temporarily blocked restrictions imposed by the Trump administration, such as an anti-gender ideology restriction, on access to more than $12 billion worth of federal grants, ruling in part that the federal government exceeded its authority.
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August 13, 2025
Should Judges Explain En Banc Votes? 6th Circ. Can't Agree
Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."
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August 13, 2025
2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing
The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.
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August 13, 2025
SPAC Behind EV Maker Nikola, Shareholders Strike Settlement
Stockholders and board members for the blank-check company that took electric-vehicle maker Nikola public said they reached a $6.3 million deal to end a Delaware Chancery Court lawsuit that accused the SPAC of misleading investors about Nikola's prospects.
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August 13, 2025
Rising Star: Beveridge & Diamond's Andrew Silton
Andrew Silton of Beveridge & Diamond PC led a landmark Clean Water Act victory before the U.S. Supreme Court that reshaped how environmental permits are written nationwide, and he's helping cities, developers and tech firms navigate the next wave of environmental law enforcement — earning him a spot among the environmental law attorneys under 40 honored by Law360 as Rising Stars.
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August 13, 2025
US Threatens Retaliation For 'Global Carbon Tax' On Shipping
The U.S. government has preemptively threatened to retaliate against countries that adopt a multilateral plan to shift the global shipping industry toward achieving net-zero greenhouse gas emissions, claiming it's "a global carbon tax" that would disfavor liquefied natural gas and biofuels.
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August 13, 2025
Wind Blade Maker TPI Gets $7.5M Of New Money In Ch. 11 DIP
A Texas bankruptcy judge on Wednesday granted an Arizona-based manufacturer of blades for wind turbines interim access to its postpetition financing package, which includes $7.5 million in new money upfront.
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August 12, 2025
Judge, Terumo Attorney Spar Over 'Final Judgment' Case
A Colorado Appeals Court judge and an attorney for Terumo disagreed strongly on the interpretation of a Colorado Supreme Court ruling that could impact a now-dismissed class action against the medical equipment sterilization company in which a man alleges the district court incorrectly forbade him from filing an amended complaint.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Tribes, Enviros Want In On Chuckwalla Monument Fight
Environmental groups and five Native American tribes are asking a Michigan federal court to intervene in a challenge by a miner and the BlueRibbon Coalition to the establishment of the Chuckwalla National Monument, saying it's unclear if the federal government still shares their interests in its protection.
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August 12, 2025
Parker-Hannifin Seeks Toss Of $900M Trade Theft, Antitrust Suit
Parker-Hannifin Corp. wants a Texas federal judge to dismiss a fiber optics companies' $900 million trade secrets theft and antitrust lawsuit, arguing in a filing made public Monday the case amounts to a contract dispute that should be handled in New York and the claimed trade secrets had been publicly disclosed.
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August 12, 2025
Daimler, Volvo Sue Calif. To Block Emission Regulations
Daimler, Volvo and other heavy-duty truck manufacturers sued California on Monday aiming to block the state from forcing them to comply with emission regulations, following moves by the Trump administration and Congress to revoke the state's authority to impose them.
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August 12, 2025
Biden Coastal Drilling Ban Fight Is Moot, Enviro Groups Say
Environmentalists say President Donald Trump's rescission of Biden-era memos closing off additional waters to oil and gas drilling moots a lawsuit brought by red states and industry groups that includes arguments that presidential withdrawal authority is unconstitutional or otherwise limited.
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August 12, 2025
4th Circ. Affirms Toss Of Last Claim In CSX Flooding Suit
The Fourth Circuit affirmed summary judgment Tuesday to CSX Transportation Inc. on a remaining breach of contract claim in a suit by residents and businesses of Lumberton, North Carolina, who claim CSX wrongly prevented the city from sandbagging its railroad route to prevent flooding during storms in 2016 and 2018.
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August 12, 2025
Rising Star: Mayer Brown's Avi Kupfer
Avi Kupfer of Mayer Brown LLP has used his unique governmental experience as a litigator and administrator to, as a private practitioner, help clients such as the U.S. Postal Service navigate the intricacies of administrative law, earning him a spot among the environmental law practitioners under age 40 honored by Law360 as Rising Stars.
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August 12, 2025
Wind Blade Maker TPI Hits Ch. 11 In Texas With Over $1B Debt
TPI Composites Inc., an Arizona-based manufacturer of blades for wind turbines, has filed for Chapter 11 protection in Texas bankruptcy court, listing between $1 billion and $10 billion in debt, including $600 million in funded debt, and plans to hand the company over to its senior lenders.
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August 11, 2025
Utah Gov. Cox Escapes Ute Tribe's Bidding Scheme Suit
Utah's governor and other state officials won't have to face a challenge by the Ute Indian Tribe accusing them of a racist bidding scheme to prevent a land purchase, a federal judge ruled, finding the tribe failed to provide specific allegations tying them to the supposed conspiracy.
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August 11, 2025
GE, UNC Agree To $63M Uranium Mine Cleanup In New Mexico
The United Nuclear Corp. and General Electric Co. agreed to a consent decree with the federal government, New Mexico and the Navajo Nation to spend $63 million on environmental cleanup at a decades-old uranium mine, the U.S. Department of Justice announced Monday. Â
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August 11, 2025
Wash. AG Sues Feds For Pulling Climate Resiliency Grants
Washington launched a lawsuit accusing the Trump administration of abruptly canceling grants awarded to the Evergreen State to address climate change impacts, including about $9.3 million approved last year for a collegiate-tribal partnership to prep more than 2,100 students for sustainability-focused careers.
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August 11, 2025
Over 2,000 Shrimpers Sue Hilcorp Over August 2022 Oil Spill
More than 2,000 shrimpers and seafood business owners hit Hilcorp Energy Co. with a federal lawsuit over an August 2022 oil spill they say spoiled the opening day of shrimping season.
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August 11, 2025
Hawaiian Judge Vacates Letter Allowing Monument Fishing
Commercial fishing cannot legally continue in the waters of the Pacific Islands Heritage Marine National Monument under a National Marine Fisheries Services letter that tribal and environmental groups claim authorized the endeavor, a Hawaii federal court judge said, arguing evidence shows that the directive harmed the plaintiffs in the dispute.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.