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Environmental
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August 21, 2025
HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts
The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.
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August 21, 2025
EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request
The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."
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August 21, 2025
Engineering Consultant Fights 'Sweeping' Ban On Job Move
A former principal for a California environmental consulting firm asked a Michigan federal judge Thursday to dissolve or narrow a restraining order barring her from taking a job at a competitor, calling the order a "sweeping" ban that would "destroy" her career.
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August 21, 2025
Feds Extend Mich. Coal Plant Order Amid Court Fight
The U.S. Department of Energy has renewed an order keeping a Michigan power plant open past its retirement date for another three months, as the government faces court challenges to its exercise of emergency powers.
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August 20, 2025
9th Circ. Blocks Alaska's Bid To Loosen Federal Fishing Regs
The Ninth Circuit on Wednesday said Alaska state officials may not open part of the Kuskokwim River to gill net fishing by all residents of the state because that would violate a federal law that favors rural, subsistence fishers.
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August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts
The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
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August 20, 2025
States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate
Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.
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August 20, 2025
Colo. AG Pans EPA Plan To End Vehicle-Emission Standards
Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.
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August 20, 2025
DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal
A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.
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August 20, 2025
Ark. Woman Gets Probation After Looting Native Burial Site
An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.
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August 20, 2025
2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit
The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.
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August 20, 2025
Chemours Says Injunction Appeal Warrants Stay Of CWA Suit
Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.
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August 20, 2025
5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill
A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.
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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
Trump Energy Orders Suit Must Be Sustained, Youths Say
Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.
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August 19, 2025
2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row
The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.
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August 19, 2025
Ute Tribe Says 1880 Act Proves Land Ownership Claim
The Ute Indian Tribe asked the D.C. Circuit on Tuesday to reverse a lower court decision refusing to hand over ownership of federally managed land, saying a law dating back to 1880 required the U.S. executive branch to "set apart" lands for a new reservation.
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August 19, 2025
Chinese Co. Looks To Enforce $217M Salmon Farming Award
Chinese agribusiness Joyvio Group Co. Ltd. is asking a Florida federal court to enforce a $217 million arbitral award it won following its nearly $1 billion purchase of a Chilean salmon farming business, after it emerged that the previous owners had deliberately inflated production capacity to drive up the price.
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August 19, 2025
Sunnova's $118M Sale Can Proceed Despite Bank's Protest
A Texas bankruptcy judge Tuesday declined to undo a $118 million sale of almost all the assets of solar panel business Sunnova Energy International Inc., rejecting a St. Louis-area bank's argument that the debtor failed to disclose that nondebtor assets would be part of the transaction.
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August 19, 2025
Feds Say They'll Rescind Biden-Era Species Protections
The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.
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August 19, 2025
DOJ Environmental Atty Joins McGuireWoods In DC
A former U.S. Department of Justice lawyer who helped the Biden administration fight for the removal of a 1,000-foot buoy barrier in the Rio Grande and defended EPA guidance on forever chemicals has joined McGuireWoods' office in Washington, D.C.
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August 19, 2025
9th Circuit Pauses Oak Flat Land Transfer Pending Appeals
A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.
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August 19, 2025
Black Hills, NorthWestern Merge In $15.4B All-Stock Deal
Utility company Black Hills Corp., advised by Faegre Drinker Biddle & Reath LLP, on Tuesday announced plans to merge with Morgan Lewis & Bockius LLP-advised energy and infrastructure company NorthWestern Energy Group Inc. in an all-stock deal with a combined enterprise value of $15.4 billion.
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August 18, 2025
4th Circ. Revives Ethylene Oxide Suit Against Union Carbide
A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.
Expert Analysis
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.