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Environmental
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October 28, 2025
FERC Chair From V&E Taps Another Firm Atty As GC
Federal Energy Regulatory Commission Chairwoman Laura Swett, a former Vinson & Elkins LLP energy attorney, has named another V&E energy lawyer based in the nation's capital as the agency's next general counsel.
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October 28, 2025
Kirkland, V&E Steer Close Of EnCap's $2B Continuation Fund
Energy investor EnCap Investments LP, advised by Kirkland & Ellis LLP and Vinson & Elkins LLP, on Tuesday announced that it wrapped fundraising for a continuation vehicle meant to continue its partnership with PennEnergy Resources LLC after securing more than $2 billion in capital commitments.
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October 28, 2025
US Partners With Westinghouse For $80B Nuke Plant Buildout
The Trump administration on Tuesday announced it will partner with nuclear technology manufacturer Westinghouse Electric Co. to build at least $80 billion worth of new reactors in the U.S. to support and accelerate the development of data centers and artificial intelligence.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 27, 2025
Oregon Tribes, Feds Settle With Cos. In Pollution Dispute
A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River.
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October 27, 2025
Families Back Experts In Heavy Metal Baby Food MDL
Families swung back Friday at bids to disqualify their experts in multidistrict litigation consolidated over claims that baby foods made by Gerber, Nurture and Beech-Nut contain heavy metals, telling a California federal judge that their experts' opinions are backed by a wealth of scientific data and that it's time to set bellwether trials.
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October 27, 2025
NY Judge Orders State Agency To Issue Climate Regulations
A New York state judge on Friday sided with green groups that sued the Department of Environmental Conservation for failing to promulgate regulations implementing a climate change law that the agency says would burden residents with high costs.
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October 27, 2025
Minerals Co. Brass Settles Investor Suit Over Gov't Contract
Compass Minerals International's leadership has reached a settlement in a shareholder derivative suit accusing them of hiding signs that the company would not be able to renew a lucrative supplier relationship with the U.S. Forest Service.
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October 27, 2025
Developer Says Calif. Law Targets Its Santa Barbara Project
The developer behind a housing project in Santa Barbara, California, sued the city and state in federal court, claiming a new state law is unconstitutional because it unfairly singles out its development for additional review under the California Environmental Quality Act.
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October 27, 2025
DOE's Wright Extends Order To Keep Md. Oil Plant Running
U.S. Secretary of Energy Chris Wright has extended an emergency order keeping an oil-fired power plant in Maryland running through year's end, citing reliability concerns raised by regional grid operator PJM Interconnection LLC.
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October 27, 2025
Skadden, Gibson Dunn Steer $40B Public Water Utility Merger
American Water Works Co. and Essential Utilities said Monday that they have agreed to an all-stock merger that will unite the two major regulated water and wastewater providers into a $40 billion public utility.
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October 27, 2025
Grand Rapids Airport Fights PFAS Suit Split In 6th Circ.
An airport authority for Grand Rapids, Michigan, has urged the Sixth Circuit to undo a ruling separating its third-party claims against firefighting foam manufacturers from the state's environmental contamination lawsuit against the local agency, arguing the federal government's requirements for the airport to use certain foam should keep the entire case together in federal court.
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October 27, 2025
Estate Agrees To Settlement In $50M Solar Co. Tax Row
The estate of a former business associate of solar company owners caught in a $50 million tax fraud agreed to settle with a receiver appointed to collect company assets, according to a Utah federal court order, bringing the yearslong collection effort spanning dozens of settlements closer to an end.
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October 27, 2025
Exxon Sues Calif. Over Climate Disclosure Laws
Exxon Mobil Corp. is suing California over state laws the company says violate its First Amendment rights by forcing it "to serve as a mouthpiece" for ideas it disagrees with, including that large companies are uniquely responsible for climate change.
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October 27, 2025
NC Lot Owners Fight $1.45M Fee Assessment After Helene
Property owners in a private gated community in the mountains of North Carolina are suing to block a $1.45 million special assessment levied by the property association to pay for damage caused by Hurricane Helene.
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October 27, 2025
Feds Push To Keep Challenge To Calif. Truck Rules Alive
The U.S. Environmental Protection Agency is urging a California federal court not to dismiss its intervenor claims alleging that the state violated the Clean Air Act through its adoption of new emissions standards for heavy duty trucks.
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October 24, 2025
Mining Co. Denied Access To Tribal Docs In Minn. Land Row
A Minnesota federal magistrate judge has denied a request for discovery by Northshore Mining Co. against the Fond du Lac Band of Lake Superior Chippewa Indians in the tribe's lawsuit over a land exchange, saying the tribe did not cause any unreasonable delays that require discovery.
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October 24, 2025
Bulgaria Will Fight $71M Energy Award OK At DC Circ.
Bulgaria will ask the D.C. Circuit to review a ruling enforcing a €61 million ($70.9 million) arbitral award issued to a renewable energy investor, in which a D.C. federal judge dismissed its jurisdictional objections as "nothing more than a latinized" version of an argument already rejected by the appeals court.
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October 24, 2025
Judge Won't Block Empire Wind Project
A D.C. federal judge declined to stop work on an 80,000-acre offshore wind project off the New York and New Jersey coasts Friday, saying the nearby residents challenging the project failed to show that the windfarm would injure migratory bottlenose dolphins.
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October 24, 2025
Spain Must Pay €13M Renewable Award, DC Court Hears
A D.C. federal court is being asked to disregard a Swedish appellate court's decision setting aside a nearly €13 million ($15.1 million) arbitral award against Spain that was originally issued to a Luxembourgian renewable energy investor and to enforce the award instead.
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October 24, 2025
Admin Of $600M Derailment Deal Accused Of 'Alarming' Errors
Class counsel who inked a $600 million derailment settlement with Norfolk Southern called on an Ohio federal judge to revoke nearly $10 million in fees paid to the case's prior settlement administrator after an initial audit found "alarming, large-scale errors" in its claims management.
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October 24, 2025
DOE's Wright Urges FERC To Boost Data Center Grid Access
U.S. Department of Energy Secretary Chris Wright is pressing the Federal Energy Regulatory Commission to enact rules to speed up the connection of data centers to the grid, claiming the agency has the federal authority to do so.
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October 24, 2025
Minn. Court Backs Insurer In Hail Damage Coverage Dispute
A Hanover Insurance unit has no duty to cover a Minnesota school district for hail damage to the roofs of both its schools, a Minnesota federal court ruled, finding an exclusion barring coverage for "cosmetic damage" applied.
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October 24, 2025
Judge Backs DOI, Calif. Tribe In $21M Waste Lease Dispute
A federal judge has given a quick win to the U.S. Department of the Interior and a California tribe in a challenge by a waste management company over a decision to cancel its 25-year project lease, saying the determination was not arbitrary or capricious.
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October 24, 2025
Taxation With Representation: Latham, Wachtell, Gibson Dunn
In this week's Taxation With Representation, Meta announces a joint venture with Blue Owl Capital to fund the development of a data center campus in Louisiana, private equity giants acquire medical technology company Hologic Inc., and National Fuel Gas Co. buys CenterPoint Energy Inc.'s Ohio natural gas utility business.
Expert Analysis
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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What Gene Findings Mean For Asbestos Mesothelioma Claims
Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.
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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.