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Environmental
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May 29, 2025
Interior OKs Utah Mine In First Fast-Tracked Energy Review
The U.S. Department of the Interior has greenlit a uranium and vanadium mine in southeastern Utah, the first to be approved under a new, expedited 14-day environmental review process.
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May 29, 2025
Kids Launch New Climate Case Over Trump Energy Orders
The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.
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May 29, 2025
Texas Bars Some Property Tax Hikes Above Voter-OK'd Rates
Texas will prohibit school districts from adopting property tax rates above voter-approved thresholds in response to a natural disaster if voters previously rejected a similar proposed rate increase, under a bill signed by Gov. Greg Abbott.
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May 29, 2025
Crowell & Moring Hires Ex-EPA Deputy Assistant Admin In SF
Crowell & Moring LLP announced on Thursday the hiring of a former deputy assistant administrator from the U.S. Environmental Protection Agency as senior counsel in the firm's environmental and regulatory enforcement groups in its San Francisco office.
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May 29, 2025
RJ Reynolds Lied About Carbon Offset Of Vapes, Suit Says
A group of California vape users is suing R.J. Reynolds Vapor Co. and its U.S. and British affiliates in federal court, alleging that its claims that the Vuse vape is the first carbon-neutral electronic cigarette are misleading.
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May 29, 2025
High Court Restores Federal Approval Of Utah Oil Railway
The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
Elon Musk Is Leaving White House Role, Trump Admin Says
Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.
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May 28, 2025
DOI Faces Energy Co. Suit Over Fort Berthold Oil Lease
A Colorado energy company has sued the federal government over what it says is an approved 60-year-old oil and gas lease, saying that it was suddenly told in April that it never actually owned an interest in the lease on an Indian reservation in North Dakota.
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May 28, 2025
NRC Has No Defense For New License Rules, DC Circ. Told
Two anti-nuclear power groups are contending before the D.C. Circuit that the U.S. Nuclear Regulatory Commission is offering inconsistent arguments in defense of updated regulations for renewing nuclear power plant operating licenses.
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May 28, 2025
Feds Ask SC Judge To Toss Suit Over Frozen Grant Funding
The Trump administration urged a South Carolina federal judge to dismiss a complaint challenging its authority to freeze and terminate grant funding for lack of jurisdiction, as it also appeals an order directing it to restore several dozen grants funded by Congress.
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May 28, 2025
Feds Tell Justices 9th Circ. Wrongly OK'd CWA Citizen Suit
The federal government is urging the U.S. Supreme Court to sink an environmental group's Clean Water Act citizen suit seeking to enforce the terms of a Washington state-issued pollutant-discharge permit that is stricter than the law requires.
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May 28, 2025
Judge Shields NY Congestion Pricing From Feds' Threats
New York's congestion pricing program can keep running at least through the fall, after a federal judge on Wednesday signaled that the U.S. Department of Transportation likely overstepped its authority by purportedly terminating a federal agreement that gave congestion pricing the green light.
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May 28, 2025
Feds Won't Appeal Offshore Fish Farming Permit Decision
The federal government will not appeal a decision to set aside a U.S. Army Corps of Engineers' permit intended to speed up industrial aquaculture in public ocean waters, ending the dispute and any future use of the structures off the country's eastern and western coasts.
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May 28, 2025
CFPB Energy Loan Rule An 'Unlawful Power Grab,' Suit Says
Lenders that finance clean energy home improvement projects on Wednesday challenged a Biden-era rule that applies standard mortgage protections to loans where homeowners pay for such projects through property tax bills, saying the rule is unlawful and threatens to kill their business.
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May 28, 2025
DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans
The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.
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May 28, 2025
SunCoke Energy Expanding With $325M Phoenix Global Buy
SunCoke Energy Inc. said Wednesday that it has agreed to acquire Phoenix Global, a privately held provider of metals and mining services, for $325 million on a cash-free, debt-free basis.
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May 28, 2025
Groups Claim Mass. Offshore Wind Will Harm Views, Wildlife
Opponents of a permitted offshore wind project that would provide power to Massachusetts have sued in D.C. federal court, arguing turbines would bring problems for marine life and disrupt views on the historic islands of Nantucket and Martha's Vineyard.
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May 28, 2025
Insurance Atty Talks FEMA Cuts As Storm, Fire Seasons Near
As hurricane and wildfire seasons approach, Anthony Lopez, founder of the law firm Your Insurance Attorney, told Law360 Real Estate Authority that with natural disasters intensifying, the Trump administration's cuts to FEMA are likely to put more pressure on states and property owners in an already challenging insurance environment.
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May 27, 2025
Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power
Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.
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May 27, 2025
Proterra Investors Push For Final OK Of $29M Settlement
Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.
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May 27, 2025
Greenpeace Fights To Walk Back $666M Pipeline Verdict
Greenpeace on Tuesday continued its post-trial attack on a $666 million defamation and property damage case against Dakota Access pipeline builder Energy Transfer, telling a North Dakota judge that a lack of evidence requires overturning numerous jury findings.
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May 27, 2025
Gorsuch Says Oak Flat Ruling Will Harm Native Generations
The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.
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May 27, 2025
Bayer, Monsanto On Hook For $611M Roundup Cancer Awards
A Missouri appellate panel Tuesday affirmed a trial court's $611 million award reduced from a jury's $1.56 billion verdict for three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, saying a law professor's testimony about a Ninth Circuit decision was not prejudicial.
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May 27, 2025
9th Circ. Revives Tribes', Green Groups' Power Line Suit
The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.
Expert Analysis
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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New York Climate Superfund Law May Face Preemption Fight
New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.