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Environmental
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September 03, 2025
Enviro Groups Urge 11th Circ. To Keep Detention Center Shut
Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case
The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.
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September 03, 2025
Feds Seek $140M Fine For Mich. Energy Co. Over Air Pollution
The federal government on Tuesday advocated for $140 million in penalties for a Michigan energy company the government alleges shares responsibility for air pollution resulting from coke production, while the energy company maintained it tried to comply with the state-issued permit, in briefs filed this week ahead of a bench trial later this month.
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September 03, 2025
9th Circ. Saves Tribes' Cultural Superfund Claims Against Teck
The Ninth Circuit on Wednesday revived the Confederated Tribes of the Colville Reservation's natural resource damages claims against Teck Cominco Metals Ltd. for the company's alleged pollution of the Columbia River.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
EPA Withdraws Slaughterhouse Water Pollution Rule
The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.
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September 03, 2025
Calif. Senate Panel OKs Property Tax Break For Tribes
Native American tribes in California would be eligible for open space exemptions to property taxes under legislation approved by a state Senate panel that's heading for a final vote.
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September 02, 2025
DC Circ. Says EPA Can Freeze Climate Grant Funds
A D.C. Circuit panel vacated an injunction on Tuesday ordering Citibank to relinquish grant funding frozen by the U.S. Environmental Protection Agency, finding green groups are not likely to succeed on the merits of their "essentially contractual" claims.
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September 02, 2025
Two Unions Fight Trump Order Ending Labor Rights
Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.
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September 02, 2025
11th Circ. Affirms Slashing Ex-Braves' $47M Easement Break
A $47 million conservation easement deduction for a partnership founded by two former Atlanta Braves players was overvalued, the Eleventh Circuit affirmed Tuesday, saying none of the partnership's arguments undermined the U.S. Tax Court's finding that the easement property was worth far less than it claimed.
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September 02, 2025
Dow Faces Investor Suit Over Tariff-Related Disclosures
Raw materials supplier Dow Chemical Co. has been hit with a proposed shareholder class action alleging its decision to reduce shareholder payouts earlier this year contradicted its earlier claims of its ability to withstand economic uncertainty, including tariffs.
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September 02, 2025
Judge Dumps Challenge To Portland Fuel Terminal Ban
An Oregon federal judge on Tuesday tossed a lawsuit challenging a ban on new oil and gas terminals in Portland, Oregon, agreeing that the state of Montana and fuel industry groups failed to show that the ordinance is unconstitutional.
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September 02, 2025
FERC Faces 4th Circ. Heat Over Grid Policy Revamp
A coalition of utilities and Republican-led states have told the Fourth Circuit that the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy exceeds its authority, while consumer and clean energy advocates said that the agency didn't go far enough.
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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September 02, 2025
Plains Takes Majority Stake In EPIC Crude In $1.57B Deal
Plains All American Pipeline said Tuesday that a subsidiary has agreed to acquire a 55% non-operated stake in EPIC Crude Holdings LP, owner of the EPIC Crude Oil Pipeline, from subsidiaries of Diamondback Energy and Kinetik Holdings in a deal valued at about $1.57 billion, including roughly $600 million of debt.
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September 02, 2025
Texas Mall Settles $7.3M Hailstorm Coverage Dispute
A Texas shopping center owner told a federal court Tuesday that it has "amicably" settled its dispute with insurers for roughly $7.3 million in hail damage it incurred, roughly three months after it took them to court.
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September 02, 2025
Colorado Pipeline Co. Challenges $314M Property Valuation
Colorado assets of a petroleum pipeline company were wrongly valued by the state for property tax purposes at $314 million, the company said, challenging its valuation for at least the third straight year.
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August 29, 2025
Nuke Plant Restarts: Chances Exist, But Challenges Await
Growing U.S. electricity demand has sparked moves to restart shuttered nuclear power plants in order to help feed that appetite for power, but the recommissioning process is far from simple. Here, attorneys who work on nuclear matters outline to Law360 several considerations that go into bringing a plant out of mothballs.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
DC Circ. Backs Biden Gulf Drilling Plan Amid Trump Revamp
The D.C. Circuit rejected environmental groups' bid to scale back the U.S. Department of the Interior's 2024-2029 offshore oil and gas leasing program, finding the plan satisfied all legal requirements.
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August 29, 2025
Norwegian Shipping Co. Pleads Guilty To Pollution Charge
Shipping company V.Ships Norway admitted to illegally dumping oil-contaminated waste in the Atlantic Ocean and was sentenced to pay a $2 million fine, according to the U.S. Department of Justice.
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August 29, 2025
Trump Admin Yanks $679M In Offshore Wind Projects
The U.S. Department of Transportation announced Friday that it is canceling $679 million in federal funding for a dozen offshore wind projects, the latest salvo in the Trump administration's attack on wind power.
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August 29, 2025
Hurricane Maria Fraud Suit Against Adjuster Thrown Out
A Puerto Rico federal court tossed an insurer's lawsuit against a public adjuster alleging it inflated its calculation of damage that a Puerto Rico town suffered from Hurricane Maria in 2017, finding the lawsuit amounts to "overly broad claims of dissatisfaction with the opposing party's conduct during the insurance claim process."
Expert Analysis
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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.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.