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Environmental
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November 10, 2025
Sunnova Ch. 11 Wind-Down Approved Over Release Objection
The Chapter 11 liquidation plan of solar panel company Sunnova Energy International received bankruptcy court approval Monday in Texas after a judge overruled objections to third-party releases raised by the U.S. Trustee's Office.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Calif. Judge Rejects $57M Deal On Former Navy Site's Cleanup
A California federal judge refused to approve a $57 million settlement the U.S. government proposed to resolve whistleblower claims alleging Tetra Tech EC Inc. defrauded the Navy on radiation cleanup work at the former Hunters Point Naval Shipyard in San Francisco.
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November 10, 2025
Insurer Says $4M Excess Policy Excludes Oil Tanker Collision
An excess insurer for a fuel and chemical transportation company told a Utah federal court it should owe no coverage for an oil tanker collision and resultant crude oil cleanup costs, pointing to what is known as a total pollution exclusion.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 10, 2025
Justices Won't Hear Ex-Energy Exec's Insider Trading Appeal
The U.S. Supreme Court declined Monday to consider arguments from a former executive of a Texas energy company that his insider-trading and fraud convictions were based on unconstitutionally vague statutes and violate the separation-of-powers doctrine.
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November 07, 2025
NY, NJ Approve Pipeline Project In CWA Permitting About-Face
New York and New Jersey environmental regulators on Friday issued Clean Water Act permits for a controversial Williams Cos. pipeline upgrade project, five years after they denied the permits over pollution concerns.
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November 07, 2025
Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.
The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
New Jersey Hits 5 Gas Stations With Contamination Lawsuits
New Jersey on Thursday sued five gas station owners and operators over alleged pollution and failure to adhere to previous settlements, saying overburdened communities have suffered from the contamination.
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November 07, 2025
New York Tribe Looks To Reverse Fishing Rights Decision
Members of the Shinnecock Indian Nation are asking a New York federal court to reconsider an order that determined they don't have state regulation-free fishing rights off the shores of Long Island, saying it failed to consider U.S. Supreme Court precedent that allows coexistence.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 06, 2025
Fossil Fuel Industry Wants Broader Suing Powers In USMCA
Oil and gas industry groups have asked the Office of the U.S. Trade Representative to broaden the ability of foreign investors to sue governments in the U.S.-Mexico-Canada Agreement during an upcoming joint review.
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November 06, 2025
Tribes, Activists Slam Plan To End Park Drilling Protections
Tribal and environmental groups are decrying a Trump administration decision to begin revoking a 20-year ban on future oil and gas drilling within 10 miles of New Mexico's Chaco Culture National Historical Park, saying the mining activity will have a devastating impact on the land's health.
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November 06, 2025
SD Tribe Says Time Is Right To Fight Dakota Access Pipeline
The Standing Rock Sioux Tribe is asking the D.C. Circuit to reverse a lower court's order dismissing its challenge that looked to shut down the Dakota Access Pipeline, telling the court it is presenting a live, justiciable controversy regarding the federal government's failure to fulfill mandatory statutory obligations.
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November 06, 2025
Troutman Adds Transactions Pro From Kirkland In NY
Troutman Pepper Locke LLP has expanded its energy transactional practice group in New York with a private equity and mergers and acquisitions attorney from Kirkland & Ellis LLP, the firm said Thursday.
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November 06, 2025
Nuclear Waste Storage Site Opponents Appeal To High Court
Opponents of the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico have asked the U.S. Supreme Court to review the D.C. Circuit's decision to toss their challenge.
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 05, 2025
6th Circ. Scraps Objections To $600M Train Derailment Deal
The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts.
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November 05, 2025
Energy Co. Execs Lied About Biz, Mont. Project, NJ AG Says
Two Breezy Point Energy executives duped investors into pouring more than $3 million into a renewable energy project in Montana that was never in development, while using the money to cut themselves big salaries, rent a mansion and lease luxury cars, New Jersey prosecutors announced Wednesday.
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November 05, 2025
Fruit Co. Must Face Tribe's Pollution Suit, Mich. Judge Rules
A Michigan federal judge on Tuesday said a fruit and vegetable company can't dodge a Native American tribe and two environmental groups' claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges.
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November 05, 2025
Dems Nab PSC Spots As Georgians React To High Utility Bills
Georgia Democrats rolled to victory Tuesday over two Republican members of the state's utility oversight board, breaking the GOP's monopoly on the Public Service Commission and opening the door for shakeups in Peach State energy policy, experts say.
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November 05, 2025
11th Circ. Backs US Claim To Fla. Keys Island In Title Dispute
The Eleventh Circuit sided with the U.S. government Wednesday in a dispute over ownership of an island off the coast of Key West, Florida, disagreeing with a developer that argued the property was merely a byproduct of soil dredging for which the government had no intended future use.
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November 05, 2025
Trump Taps Former GOP Congressman To Lead BLM
President Donald Trump on Wednesday nominated former New Mexico Republican congressman Steve Pearce to lead the Bureau of Land Management, the U.S. Department of the Interior office that oversees energy development on federal lands.
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November 05, 2025
American Airlines Workers' Attys Seek $8M In ESG Battle
Class counsel representing American Airlines workers who prevailed on claims their employer violated federal benefits law by allowing an unchecked emphasis on environmental, social and governance factors in their employee retirement plan asked a Texas federal court for $7.9 million in fees.
Expert Analysis
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Importers Face Uncertainty As Court Stays Solar Tariff Ruling
The overturning of a Commerce Department rule that allowed duty-free entry of solar cells between 2022 and 2024, now on appeal to the Federal Circuit, means the landscape for imported solar cells and modules is still in flux, while U.S. producers continue to rely on imports, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Civil Maritime Nuclear Sector Poised For Growth, Challenges
The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Unleashing LNG And Oil Exports With The Deepwater Port Act
The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.
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Why Feds' Criminal Vehicle Tampering Theory Falls Short
In recent years, federal regulators have advanced a novel theory that reprogramming a vehicle's onboard diagnostics system is a crime under the Clean Air Act — but a case now pending in the Ninth Circuit shows that the government's position is questionable for a host of reasons, say attorneys at Arnold & Porter.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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Wis. PFAS Insurance Ruling A Beacon In Sea Of Uncertainty
While a state court correctly ruled under Wisconsin law that a standard-form pollution exclusion in an insurance policy did not apply to PFAS liability claims from direct exposure, the decision nevertheless highlights the wide variations in state law when it comes to PFAS liability coverage, say attorneys at Haynes Boone.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.