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Environmental
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July 14, 2025
Mazda Slams 'Frivolous' Filings In Tossed Oil Burning Suit
Mazda Motor of America Inc. is threatening sanctions against the leader of a now-dismissed proposed class action alleging it sold vehicles with an oil burning defect, saying he is retreading since-debunked arguments and misstating facts in his bid to revive his case.
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
Colo. Court Mostly Backs Coal Mine In Water Permit Dispute
A Colorado appeals court said that most of the stormwater discharges produced by a mining company in Gunnison County do not require a permit, reversing lower court and administrative judge rulings.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
9th Circ. Upholds Feds' Arctic Ringed Seal ESA Protections
The Ninth Circuit on Friday upheld the federal government's Endangered Species Act protections for Arctic ringed seals and rejected Alaska's effort to roll them back.
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July 11, 2025
Homeowners Must Take Water Damage Coverage Suit To Trial
A suit brought by Illinois homeowners seeking more than $5 million in coverage for damage caused by a burst pipe during an extreme temperature drop is headed to trial after an Illinois federal court found that too many issues of material fact remain unresolved.
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July 11, 2025
Dow, Others Can't Duck NY Water District's Contamination Suit
Dow and two other companies must face a New York state water district's claims that they contaminated drinking water supply wells with a highly toxic chemical, a federal judge has said.
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July 11, 2025
Hess Faces Investor Suit Over $53B Chevron Deal
As the parties await the result of a critical arbitration proceeding that could sink a planned $53 billion sale of Hess to Chevron, a shareholder is arguing that the deal disproportionately benefits CEO John Hess at the expense of the company's investors.
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 10, 2025
Trump Taps Holland & Hart Partner For Montana Bench
President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.
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July 10, 2025
Fla. Lawmakers Sue DeSantis Over Detention Center Access
Democratic state lawmakers in Florida sued Gov. Ron DeSantis on Thursday to demand access to the new immigrant detention center in the Everglades the lawmakers say they were blocked from visiting last week.
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July 10, 2025
NC Officials Reject Protest Of $81.5M Helene Contract
The North Carolina Department of Commerce rejected a Morrisville company's protest of its decision to award an $81.5 million contract for disaster recovery operations in connection with Hurricane Helene to an out-of-state vendor.Â
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July 10, 2025
Property Co. Says State Farm Wrongfully Delayed Fire Claim
A State Farm unit acted in bad faith by unreasonably delaying and denying coverage for a fire that damaged a downtown Denver property more than two years ago, the property owner said in a suit removed to Colorado federal court.
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July 10, 2025
​​​​​​​DOJ Says Calif. Animal Welfare 'Red Tape' Inflates Egg Prices
The U.S. Department of Justice sued California and state officials over several animal welfare laws passed in the Golden State that the federal government claims has contributed to the "historic rise in egg prices by imposing unnecessary red tape on the production of eggs."
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July 10, 2025
Sunoco Faces Another Suit Over Jet Fuel Pipeline Leak In Pa.
Sunoco has been slapped with another lawsuit in Philadelphia County Court alleging that a leaky pipeline resulted in jet fuel and other petroleum products contaminating residential property, groundwater, soil and air.
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July 10, 2025
4th Circ. Pauses Air Quality Suit As EPA Rethinks W.Va. Plan
The Fourth Circuit on Thursday granted a request to pause West Virginia's ozone regulation lawsuit so the U.S. Environmental Protection Agency can reconsider the state's air quality compliance plan.
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July 10, 2025
Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption
Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
10th Circ. Affirms Sentence In $1B Energy Tax Credit Scheme
A leader of a renewable-energy scheme that illicitly sought $1 billion in tax credits failed to persuade the Tenth Circuit to overturn his conviction by arguing that jurors were biased when his lawyer was identified as having helped Michael Jackson beat child molestation charges.
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July 10, 2025
Trump Says 50% Copper Tariff Will Begin Aug. 1
President Donald Trump said his new 50% tariff on copper imports will take effect Aug. 1, citing national security concerns.
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July 10, 2025
SpaceX Seeks Record $400B Valuation, Plus More Rumors
Elon Musk's satellite and rocket maker SpaceX is planning to raise money in a private round that would value the company at a record $400 billion, Starbucks China is seeking bids for a stake sale that could value the chain at $10 billion, plus online fashion giant Shein hopes to salvage its long-awaited IPO by listing in Hong Kong.
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July 09, 2025
Insurer Accused Of Dodging $2M Claims For Hurricane Beryl
A car dealership told a Texas federal judge that its insurance company stiffed it to the tune of $2 million after Hurricane Beryl blew through and damaged multiple buildings, saying in a Wednesday complaint the insurer wrongly found the damages fell below the deductible.
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July 09, 2025
Sierra Club Says OMB Ignoring Funding Freeze Info Requests
The Office of Management and Budget's refusal to produce records concerning the Trump administration's freeze of federal funding programs is impeding the Sierra Club's mission to advocate for and educate the public about pressing public health and environmental issues, the environmental organization alleged Tuesday in California federal court.
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July 09, 2025
EPA Violated ESA With Nitrogen, Soot Standards, Group Says
The U.S. Environmental Protection Agency violated the Endangered Species Act when it approved air quality standards for two pollutants without properly analyzing their effects on animals and plants, the Center for Biological Diversity told the D.C. Circuit Tuesday.
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July 09, 2025
Trump Admin Beats Injunction Bid Over Deleted Webpages
A Washington, D.C., federal judge on Wednesday rejected the Sierra Club and other nonprofits' request for a preliminary injunction forcing federal agencies to restore webpages the groups said provided critical environmental information, saying they hadn't shown keeping the status quo while their case is pending would cause irreparable harm.
Expert Analysis
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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FAR Rewrite May Cloud Key Gov't Contract Doctrine
The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Opinion
Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast
Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.