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Environmental
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October 03, 2025
Kentucky Derby Owner Churchill Downs Sued In Escrow Fight
Churchill Downs Inc., the owner of the Kentucky Derby, has been sued in Delaware Chancery Court for allegedly withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 03, 2025
Fla. $608M FEMA Grant May Revive Detention Center Suit
A spokesperson for the Federal Emergency Management Agency confirmed Friday that it awarded Florida $608 million in reimbursement funds for building and running mass detention centers, including the so-called Alligator Alcatraz facility in Big Cypress National Preserve.
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October 03, 2025
Denver Tries To Ditch Suit Over Building Emissions Ordinance
The city and county of Denver have pushed for the dismissal of a suit filed by real estate trade groups challenging regulations on greenhouse gas emissions from buildings, arguing on Friday in federal court the goal of the regulations is "to avoid the injuries plaintiffs ascribe to it."
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October 03, 2025
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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October 03, 2025
Benzene At NC BASF Plant Caused Cancer, Ex-Worker Says
A former worker at a North Carolina vitamin plant is suing BASF Corp. and affiliates of Takeda America Holdings Inc. in North Carolina federal court, alleging BASF exposed her to benzene, resulting in her developing cancer later in life.
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October 03, 2025
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Stay In Camp Lejeune Case Would Harm Claimants, Court Told
Pressing pause on Camp Lejeune water litigation after the federal government shutdown is unduly detrimental to the thousands of people waiting for a remedy from exposure to contaminated water, a North Carolina federal court was told Friday.
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October 02, 2025
Dozens Of Localities Say Feds Can't Withhold Disaster Funds
A coalition of nearly 30 localities led by San Francisco and Santa Clara County, California, have sued the Trump administration over "unlawful" threats to withhold $350 million in funding for disaster and emergency response, claiming the government has placed conditions on the funding that exceed its authority.
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October 02, 2025
DHS Blocked From Pulling $233M In Funds From States
A Rhode Island federal judge has temporarily blocked the Trump administration from reallocating $233 million in federal funds away from a coalition of Democratic-led states, the same day an appropriation for the funds was set to expire.
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October 02, 2025
Feds Say Tribes In Ore. Casino Dispute Misconstrued Ruling
The U.S. Department of the Interior has asked a D.C. federal judge to approve its motion for summary judgment and to oppose three tribes' bid for a win in a suit over the agency's decision to take land into trust for another tribe's casino project.
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October 02, 2025
FERC Issues Trump-Ordered Rule To Phase Out 53 Regs
The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.
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October 02, 2025
Judge Ends USDA Rule On Chilean Grape Fumigation
A D.C. federal judge has vacated a 2024 rule change by the U.S. Department of Agriculture allowing the import of Chilean table grapes that have not been fumigated with methyl bromide for pest mitigation, ruling that regulators ignored the reliance interests of domestic growers when making the change.
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October 02, 2025
NC State Demands Monsanto Pay For 'Toxic' PCB Cleanup
North Carolina State University is looking to hold Monsanto Co. accountable for the contamination of one of its buildings, accusing the former agrochemical giant in North Carolina state court of marketing a chemical used in building materials despite knowing it was toxic.
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October 02, 2025
Mich. Judge Says State Must Face Edenville Dam Trial
A Michigan claims court judge has cleared the way for a January trial on Michigan's liability for the collapse of a privately owned dam that unleashed widespread flooding, denying the state's bid to end the litigation.
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October 02, 2025
Wind Co.'s Pre-Ch. 11 Uptier Deal Draws Suit From Creditors
The official committee of unsecured creditors in the Chapter 11 of wind turbine blade maker TPI Composites has brought an adversary action against the debtor in Texas bankruptcy court, alleging a prepetition uptier transaction made preferred equity holder Oaktree a secured creditor to the detriment of unsecured noteholders.
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Toshiba Seeks Trial Time Limits In $500M Hydro Plant Case
Toshiba Corp. urged a Michigan federal judge on Wednesday to set time limits for a trial over claims that one of its units botched a $500 million upgrade to a power plant owned by DTE Electric Co. and Consumers Energy, saying the complicated case is one that "cries out" for such constraints.
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October 02, 2025
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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October 02, 2025
Arnold & Porter Bolsters DC Team With Energy Policy Adviser
Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.
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October 01, 2025
Investor Suit Over Deadly Turkey Landslide Dismissed
A Colorado federal judge on Tuesday dismissed a proposed class action brought by investors claiming SSR Mining Inc. defrauded them, ruling the shareholders didn't adequately allege the company and its executives downplayed safety issues before a deadly landslide at a Turkish gold mine.
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October 01, 2025
US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal
The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.
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October 01, 2025
Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit
The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.
Expert Analysis
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.