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Environmental
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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.
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October 29, 2025
Ga. Panel Partially Revives Solar Farm Property Dispute
The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.
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October 29, 2025
Shutdown Forces Tribes To Pick Food Or Heat, Senate Told
Native American nonprofit leaders say Indian Country is choosing between fuel and food after federal employee layoffs and what stands to be the longest government shutdown in U.S. history have forced tribes to burn through their emergency reserves to continue healthcare, housing and food services.
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October 29, 2025
NC Justices Block Du Pont PFAS Suit On Eve Of Hearing
The Republican majority of North Carolina's highest court on Wednesday issued a stay pausing the state's suit against E.I. Du Pont de Nemours and Co., The Chemours Co. and others over alleged forever chemical contamination the day before the Business Court was set to hold a hearing on summary judgment in the case.
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October 29, 2025
Dems Blast Pause Of Army Corps Projects In Blue Cities
Two Democratic lawmakers demanded the U.S. Army Corps of Engineers identify and pursue $11 billion worth of projects that may have been paused in line with a social media post by Office of Management and Budget Director Russ Vought.
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October 29, 2025
Copper Lines Must Stay Due To Wireless Radiation, FCC Told
A group of people who claim they were injured by electromagnetic radiation are warning the Federal Communications Commission not to move forward with a plan to retire copper lines in phone networks, saying to do so would "endanger the lives of Americans".
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October 29, 2025
Fed. Judge Bars US From Enbridge Pipeline Oral Argument
A Michigan federal judge has denied the U.S. government's bid to participate in an upcoming oral argument in an Enbridge lawsuit against the state's governor over an oil and gas pipeline, saying the parties in the suit are able to address the issues on their own.
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October 29, 2025
Green Group Says EPA Posts Misleading PFAS Information
Public Employees for Environmental Responsibility on Wednesday said the U.S. Environmental Protection Agency is misleading the public about the risks of exposure to forever chemicals, and is demanding the EPA correct information on its website.
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October 28, 2025
Mondelez Wins Toss Of Clif Bar False Ad Claims
An Illinois federal judge on Monday tossed a proposed class action alleging that "climate neutral" labeling on Mondelez International Inc.'s Clif Kid Zbars is deceptive, finding that the message was a true statement by a third party.
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October 28, 2025
States Ask Supreme Court To Resolve PFAS Removal Dispute
Maryland and South Carolina are asking the U.S. Supreme Court to overturn the Fourth Circuit's decision to move their state court lawsuits against 3M Co. over environmental contamination from consumer products containing forever chemicals to federal court.
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October 28, 2025
3 Firms Guide Apex Treasury's $300M Blockchain, Crypto IPO
Special purpose acquisition company Apex Treasury Corp., guided by Perkins Coie LLP and Appleby (Cayman) Ltd., has completed a $300 million blockchain and cryptocurrency-focused initial public offering, which was supported by Pillsbury Winthrop Shaw Pittman LLP-led underwriters.
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October 28, 2025
Green Groups Ask DC Circ. To Revive Climate Grant Class Suit
Green groups and local governments are asking the D.C. Circuit to revive their now-dismissed proposed class action accusing the Trump administration of illegally terminating a $3 billion environmental justice block grant program.
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October 28, 2025
Enviro Groups Seek Ruling To Block Ariz. Forest Road Project
Environmental groups are asking an Arizona federal judge to block a U.S. Forest Service road project in the Coronado National Forest, asserting the agency didn't adequately consider the risks to jaguar and other threatened species before approving the project.
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October 28, 2025
Canada's Cygnet Buying Kiwetinohk In $1B Energy Deal
Cygnet Energy Ltd. said Tuesday it has agreed to buy fellow Canadian energy company Kiwetinohk Energy Corp. for approximately CA$1.4 billion ($1 billion) inclusive of equity and assumed debt.
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October 28, 2025
Feds Rip Calif.'s Bid To Halt $4B Bullet Train Funds Reshuffle
The Trump administration has told a federal judge that California is not entitled to billions in continued funding for its beleaguered high-speed rail project, firing back at what it describes as the Golden State's attempt to hoard grant funds that could be allocated to other projects.
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October 28, 2025
FERC Chair From V&E Taps Another Firm Atty As GC
Federal Energy Regulatory Commission Chairwoman Laura Swett, a former Vinson & Elkins LLP energy attorney, has named another V&E energy lawyer based in the nation's capital as the agency's next general counsel.
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October 28, 2025
Kirkland, V&E Steer Close Of EnCap's $2B Continuation Fund
Energy investor EnCap Investments LP, advised by Kirkland & Ellis LLP and Vinson & Elkins LLP, on Tuesday announced that it wrapped fundraising for a continuation vehicle meant to continue its partnership with PennEnergy Resources LLC after securing more than $2 billion in capital commitments.
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October 28, 2025
US Partners With Westinghouse For $80B Nuke Plant Buildout
The Trump administration on Tuesday announced it will partner with nuclear technology manufacturer Westinghouse Electric Co. to build at least $80 billion worth of new reactors in the U.S. to support and accelerate the development of data centers and artificial intelligence.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 27, 2025
Oregon Tribes, Feds Settle With Cos. In Pollution Dispute
A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River.
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October 27, 2025
Families Back Experts In Heavy Metal Baby Food MDL
Families swung back Friday at bids to disqualify their experts in multidistrict litigation consolidated over claims that baby foods made by Gerber, Nurture and Beech-Nut contain heavy metals, telling a California federal judge that their experts' opinions are backed by a wealth of scientific data and that it's time to set bellwether trials.
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October 27, 2025
NY Judge Orders State Agency To Issue Climate Regulations
A New York state judge on Friday sided with green groups that sued the Department of Environmental Conservation for failing to promulgate regulations implementing a climate change law that the agency says would burden residents with high costs.
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October 27, 2025
Minerals Co. Brass Settles Investor Suit Over Gov't Contract
Compass Minerals International's leadership has reached a settlement in a shareholder derivative suit accusing them of hiding signs that the company would not be able to renew a lucrative supplier relationship with the U.S. Forest Service.
Expert Analysis
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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.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.