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Environmental
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Steelworkers Back Offshore Wind Project Targeted By Trump
The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.
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October 31, 2025
FERC Faces DC Circ. Fight Over Pipeline Project Revival
Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.
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October 31, 2025
Gov't Shutdown Puts Pause On Firefighting Foam PFAS Suits
A South Carolina federal judge on Friday agreed to stay 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for so-called forever chemical contamination from firefighting foam as the government shutdown continues.
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October 31, 2025
Both Sides Claim Victory In Calif. Tribal Gaming Rights Fight
A federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed.
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October 31, 2025
Insurer, Subcontractor Settle Sinkhole Coverage Dispute
A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim concerning a sinkhole at a Seattle ship canal project.
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October 31, 2025
Taxation With Representation: Skadden, Davis Polk
In this week's Taxation With Representation, American Water Works Co. and Essential Utilities announce a merger, semiconductor companies Skyworks and Qorvo combine to create an industry giant, and Terex Corp. and REV Group team up to form a specialty equipment manufacturer.
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October 30, 2025
DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'
The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.
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October 30, 2025
Garden Supply Co. Faces Suit Claiming PFAS In Products
A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals."
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October 30, 2025
Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup
A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals.
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October 30, 2025
Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case
A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds
A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.
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October 30, 2025
Addleshaw Adds Eversheds Partner To Irish Disputes Team
Addleshaw Goddard LLP has hired a top commercial litigator from Eversheds Sutherland to join its disputes practice as a senior partner in Ireland, saying he will contribute his expertise in planning, environmental law and dispute resolution to the international law firm.
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October 30, 2025
Senate Overturns Petroleum Reserve Drilling Limits In Alaska
The U.S. Senate on Thursday approved the revocation of a Biden-era move rolling back a plan by the first Trump administration to expand oil and gas drilling in the National Petroleum Reserve in Alaska.
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October 30, 2025
California Returns 17,030 Acres To Tule River Tribe
California Gov. Gavin Newsom on Wednesday announced the return of 17,030 acres of ancestral land to the Tule River Indian Tribe, calling it an effort to address "historical wrongs" committed against the tribe and other Native American tribes in the state.
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October 30, 2025
OpenAI Preps For IPO At $1T Valuation, Plus More Rumors
Sam Altman's OpenAI is prepping plans for an initial public offering that could value the artificial intelligence behemoth at up to $1 trillion, Facebook-owner Meta is preparing for an up to $25 billion bond offering, and major banks are gearing up for the launch of a $38 billion debt offering to fund data centers to be used by technology giant Oracle.
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October 30, 2025
Green Groups Can't Intervene In Feds' NY Superfund Suit
A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Greenpeace Gets Dakota Pipeline Damages Cut To $345M
A North Dakota state judge Wednesday reduced a jury's $666 million damages award against Greenpeace to $345 million in litigation claiming the group falsely disparaged the Dakota Access Pipeline project during environmental protests, finding that some of the damages awarded by the jury weren't backed by evidence.
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October 29, 2025
DOE's Data Center Proposal May Spark Grid Policy Turf War
The Trump administration's push to convince the Federal Energy Regulatory Commission to enable the connection of data centers to the interstate transmission system may ignite a legal turf war with states over their authority to regulate retail electricity sales.
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October 29, 2025
BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions
BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.
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October 29, 2025
5th Circ. Backs FERC's Approval Of Pacific NW Pipeline
The Fifth Circuit has affirmed the Federal Energy Regulatory Commission's approval of a TC Energy Corp. natural gas pipeline, rejecting states' claims that FERC didn't fully consider costs to consumers and green groups' claims that an environmental review was inadequate.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
Expert Analysis
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Unpacking A New Era of Compliance For Submarine Cables
After decades of operating under its old regulatory framework, the Federal Communications Commission has modernized its oversight of submarine cable infrastructure, which presents a complex array of legal and policy challenges, including heightened national security vulnerabilities, say attorneys at Troutman.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.