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Environmental
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April 25, 2025
Interior's Energy Permits Plan Has Legal And Practical Risks
The U.S. Department of the Interior's plan to truncate environmental reviews and accelerate the approval process for certain energy projects could be vulnerable to lawsuits, given the legwork needed to ensure project reviews are sufficient.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Exxon Can't Use $8.5M Deal To Skirt Pa. Suit, Judge Says
Exxon Mobil Corp. and ExxonMobil Oil Corp. can't use an $8.5 million settlement from 2012 to escape Pennsylvania's drinking water contamination suit, a New York federal judge has ruled.
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April 25, 2025
$1.1M Hail Coverage Suit Against Travelers Is Time-Barred
An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid roughly $100,000 in coverage, the property owner filed its coverage action too late.
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April 25, 2025
WTO Will Hear EU-China Dispute Over Electric Car Batteries
A World Trade Organization dispute panel will hear China's complaint against the European Union's duties on Beijing's electric car batteries after talks between the two governments failed to resolve the matter, the global trade watchdog announced Friday.
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April 25, 2025
Font Size Error Dooms USDA Contract Bid
An information technology services company lost out on a U.S. Department of Agriculture contract for using the wrong font size in its quotation, after the U.S. Government Accountability Office found that it failed to follow the USDA's formatting guidelines.
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April 25, 2025
Calif. AG Asks Court To Sink Exxon Recycling Defamation Suit
California's attorney general is asking a Texas federal court to dismiss Exxon Mobil Corp.'s lawsuit alleging he and several conservation groups have disparaged the company's reputation by declaring that it misled people about the effectiveness of plastic recycling.
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April 25, 2025
NJ Industrial Remediation Claims Not Time-Barred, Panel Says
A Garden State appellate panel on Friday revived New Jersey's suit seeking the remediation of a contaminated industrial property in the city of Camden and associated damages, ruling that the state's remediation claims are not time-barred.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
Nelson Mullins Adds Product Liability Pro In Charlotte
Nelson Mullins Riley & Scarborough LLP has welcomed seasoned product liability litigator William Purnell to its Charlotte, North Carolina, litigation group, where the firm said it intends to draw on his experience defending manufacturers in complex matters involving everything from consumer goods to industrial equipment.
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April 25, 2025
Taxation With Representation: Dechert, Brown Rudnick
In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.
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April 24, 2025
DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws
The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.
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April 24, 2025
11th Circ. Considers Sackett's Impact In Clean Water Suit
Green groups and citizens who alleged Georgia's Sea Island resort misled the Army Corps of Engineers about a wetlands filling project urged the Eleventh Circuit to revive their suit Thursday, with the groups and resort arguing the Supreme Court's 2023 ruling in Sackett v. EPA worked in their favor.
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April 24, 2025
EPA Faces Diverging Input On How To Modify WOTUS Rule
The Trump administration is being pulled in opposite directions by a wide variety of industry groups that are urging it to take a very narrow view of the Clean Water Act's jurisdiction, and environmental organizations and others who say the law should cover the most waterways possible.
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April 24, 2025
2 SPACs Join Recovering Market With $461M In New Capital
Two special purpose acquisition companies raised $461 million combined through initial public offerings in the past two days in order to pursue mergers targeting several industries, represented by three law firms, extending an uptick in SPAC offerings despite broader market volatility.
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April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs
The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
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April 24, 2025
$1M Settlement In Ga. PFAS Litigation Gets Judge's Final OK
A Georgia federal judge gave a final sign-off Wednesday to a $1 million settlement that will see a chemical company provide temporary drinking water resources to a northwest Georgia town to end the company's involvement in a suit over the alleged release of forever chemicals into local waterways.
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April 24, 2025
DOJ Probing Disney-FuboTV Deal, And Other Rumors
The DOJ is investigating Disney's proposed FuboTV acquisition, Merck is close to a $3.5 billion deal for SpringWorks, and U.S. investor James Cameron offered $5 billion for a Luxembourg-based mining enterprise. Here, Law360 breaks down these and other notable deal rumors from the last week.
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April 24, 2025
Pennsylvania Coal Co. Reaches Cleanup Deal In Ch. 11 Case
Bankrupt coal-mining company Corsa Coal Corp. told a Pennsylvania judge that it had reached a deal with state regulators that resolves a dispute over water source cleanup obligations, with the debtor agreeing to pay $800,000 to be distributed to contaminated water source users.
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April 24, 2025
US Must Pay ND $28M Over Dakota Access Pipeline Protest
The United States must pay the state of North Dakota $28 million in damages for its failure to control Dakota Access pipeline protesters, a federal judge determined, saying the judgment is a reminder to the federal government of its role in the larger picture of ensuring peace.
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April 23, 2025
CEOs Urge SEC To Ban Political Activists' Proxy Proposals
The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."
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April 23, 2025
Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit
A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.
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April 23, 2025
Denver Water Says Dam Work Won't Hurt Environment
The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.
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April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage
A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."
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April 23, 2025
Texas Court Skeptical Of 'Death Star' Standing Argument
A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.
Expert Analysis
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.