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Environmental
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March 24, 2025
4th Circ. Halts Removal Of PFAS Suits Against 3M
The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.
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March 24, 2025
Judge Won't Stop Calif. Offshore Lease Fight For Gov't Redo
A California federal judge has refused to pause litigation challenging extensions for offshore oil and gas leases in the area of a 2015 pipeline spill, saying she wasn't convinced that the U.S. Department of the Interior would seriously reconsider its decision.
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March 24, 2025
Camp Lejeune Litigants Expect Global Deal By Year's End
Veterans and their family members who sued the government over toxic water at Camp Lejeune will likely see a global deal resolving their claims by the end of 2025, according to a report in North Carolina federal court from Jenner & Block LLP and DLA Piper attorneys designated as settlement masters.
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March 24, 2025
Judge Slams Pa. County For 'Sneaky' Climate Suit End Run
A Pennsylvania state judge seemed skeptical Monday that Bucks County's Big-Tobacco style lawsuit against oil companies should move forward, calling out the county for what he said was its commissioners' attempt to avoid scrutiny by filing the lawsuit without first providing the public adequate notice.
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March 24, 2025
Norfolk Southern Must Face Investors' Suit Over Safety Claims
A lawsuit claiming that Norfolk Southern executives propped up stock prices with false claims about the railroad's safety culture has survived the company's motion to dismiss, with a Georgia federal judge ruling Monday that those claims were specific enough to be material for investors who were allegedly deceived up until the 2023 derailment in East Palestine, Ohio.
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March 24, 2025
Energy Giants Urge Puerto Rico Judge To Nix RICO Suit
A group of energy industry giants have asked a Puerto Rico federal district judge to toss racketeering and antitrust claims filed by municipalities alleging they misrepresented the climate dangers of fossil fuel products.
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March 24, 2025
Groups Press DC Judge To Unfreeze EPA Climate Funds
Three nonprofits awarded billions of dollars under climate change investment initiatives established under the Inflation Reduction Act have asked a federal judge to restore their access to grant funds that they claim the Trump administration has unlawfully blocked.
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March 24, 2025
3 Firms Advise As Gold Cos. Tussle Over Rejected $2.1B Offer
Australia's Gold Road Resources Ltd. rejected what it called a "highly opportunistic" AU$3.3 billion ($2.07 billion) takeover bid from South African miner Gold Fields Ltd., but both companies were left "disappointed" after a Gold Road counterproposal was also turned down, according to company statements Monday.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
NC Justices Back Permit Approval For Disputed Asphalt Plant
North Carolina's highest court reversed a lower court's ruling that a contested permit to build an asphalt plant in Ashe County should not have been issued, ruling that the company looking to develop the facility had properly submitted its application even if it didn't have state approval for the project at the time.
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March 24, 2025
4 Firms Advise On $8.75B James Hardie, Azek Deal
Dublin-based building products company James Hardie Industries PLC has agreed to acquire The Azek Co. Inc. in a cash and stock transaction valued at $8.75 billion, including debt, in a deal steered by four law firms.
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March 24, 2025
Vertical Farming Co. Files Ch. 11 Amid Financing Struggles
Vertical farming venture Plenty Unlimited Inc. filed for Chapter 11 protection in Texas bankruptcy court with $100 million to $500 million of both assets and liabilities after struggling to raise fresh funds to support its money-losing business.
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March 24, 2025
Justices Close Door On Kids' Climate Case
The U.S. Supreme Court on Monday declined to revive a lawsuit from youths alleging that current federal energy policies harm their future by exacerbating climate change.
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March 22, 2025
Up Next At High Court: Non-Delegation & Clean Air Fights
The U.S. Supreme Court will return to the bench Monday to hear arguments in a dispute that could revive a long-dormant separation of powers principle and trigger a regulatory power shift.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
11th Circ. Declines To Disturb Tesla Crash Suit Dismissal
The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.
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March 21, 2025
Aircraft Parts Co. Moves Facility Fire Case To Federal Court
Aircraft parts manufacturer SPS Technologies LLC has moved litigation over the effects of its Abington Township, Pennsylvania, parts warehouse explosion and fire to federal court from the Philadelphia County Court of Common Pleas, arguing that federal jurisdiction is proper because its parent company is in Oregon.
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March 21, 2025
Trump Administration Reveals Details On WOTUS Intentions
The Trump administration on Friday revealed that it plans to prioritize clarifying what types of water bodies are covered by the waters of the U.S. Clean Water Act rule during its upcoming review of the Biden-era regulations.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
Consumer Group Doesn't Belong In FERC Fight, Court Told
An energy efficiency aggregator fighting a Federal Energy Regulatory Commission market manipulation case carrying a potential $1 billion price tag says a consumer advocate's concern over a constitutional challenge to the agency's structure can't justify its motion to intervene in the company's lawsuit.
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March 21, 2025
Hail Deductible Applicable In Colo. Townhomes' Storm Dispute
A homeowners association's insurer correctly applied a hail deductible when it issued a roughly $1,600 payment despite the association's $3.5 million damage estimate, a Colorado federal court ruled Friday, rejecting the association's argument that the deductible became void once the insurer breached the policy by underpaying coverage.
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March 21, 2025
Mich. Judge Dismisses $217M Dam Repair Tax Challenge
A Michigan federal judge has dismissed a pair of lawsuits alleging a $217 million special assessment to fund the reconstruction of dams destroyed in 2020 floods was unfairly levied on certain properties, finding homeowners had the opportunity to oppose the assessment and litigate their claims in state court.
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March 21, 2025
EPA Senior Atty Joins Holland & Knight As Senior Counsel
Holland & Knight LLP has hired a former senior legal counsel from the U.S. Environmental Protection Agency, who is joining the firm to continue his work with environmental regulatory matters.
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March 21, 2025
Apollo, BP Ink $1B Deal For Stake In European Gas Pipeline
BP has agreed to sell a 25% noncontrolling stake in a BP entity invested in the Trans-Anatolian Natural Gas Pipeline, or TANAP, to funds managed by Apollo Global Management for $1 billion, the companies said Friday.
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March 20, 2025
Nippon Calls Consumer Suit Over US Steel Merger 'Baseless'
Nippon Steel Corp. has urged a California federal court to throw out a consumer suit over its blocked $14.9 billion merger with U.S. Steel Corp., calling it yet another "in a long line of baseless lawsuits" over a merger of public companies that they have "no standing to challenge in the first place."
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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SEC Action Indicates Continued Focus On ESG Disclosures
The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.