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Environmental
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Native Policy Roundup: $128M Protects Tribal, Farm Lands
Despite the U.S. government moving into its third week of a shutdown, state and federal lawmakers continue to introduce — and approve — legislation toward advancing Native American rights and sovereignty. Law360 examines some of the state, federal and tribal legislation and policies introduced in the past week
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October 17, 2025
UN Shipping Agency Delays Carbon Price Opposed By US
The United Nations' shipping agency agreed Friday to postpone for one year its plan to introduce a global carbon price, which the U.S. government opposes, having called it a "global carbon tax."
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October 17, 2025
Taxation With Representation: Latham, Kirkland, Wachtell
In this week's Taxation With Representation, the Artificial Intelligence Infrastructure Partnership, MGX, and BlackRock's Global Infrastructure Partners acquire Aligned Data Centers from Macquarie Asset Management and co-investors; Rayonier Inc. and PotlatchDeltic Corp. merge to create a timber and wood products giant; and a Lone Star Funds affiliate acquires industrial processing equipment provider Hillenbrand Inc.
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October 16, 2025
Farmers Urge Wash. Justices To Void Fuel Exemption Regs
A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.
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October 16, 2025
'Good Riddance': Feds Ax Big-Bank Climate Risk Guidance
Federal regulators Thursday moved to scrap a set of Biden-era "principles" that sought to ensure large banks can manage potential balance-sheet risks from climate change, an ending that one Federal Reserve official greeted with a sharp send-off.
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October 16, 2025
MTA Wants Truckers' Congestion Pricing Suit Tossed
New York officials have told a Manhattan federal judge that an amended lawsuit alleging congestion pricing tolls wrongfully discriminate against commercial truckers still doesn't offer any new facts suggesting the tolls are unreasonable or violate federal law, so the lawsuit should be tossed for good.
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October 16, 2025
Judge Asked To Ground Military Training Flight Plan In Mich.
A conservation group has asked a federal judge to halt a proposed expansion of Air National Guard training flights in Michigan, saying the low-level flights will disturb a treasured destination for trout fishing.
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October 16, 2025
States Battle Trump Admin To Recover Solar Program Funds
Attorneys general from across the country are suing the Trump administration for allegedly violating the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 16, 2025
Electric Aircraft Startup Beta Technologies Targets $750M IPO
Electric aircraft and propulsion system manufacturer Beta Technologies has unveiled plans for an estimated $750 million initial public offering, with Kirkland & Ellis LLP advising the company and Davis Polk & Wardwell LLP advising the underwriters.
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October 16, 2025
Trump Taps V&E's Swett As New FERC Chair
President Donald Trump will appoint Vinson & Elkins LLP energy regulatory counsel Laura Swett as chair of the Federal Energy Regulatory Commission, the White House confirmed to Law360 Thursday.
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October 16, 2025
ADNOC's Covestro Buy To Get EU Nod, Plus More Rumors
Abu Dhabi oil giant ADNOC is expected to get a stamp of approval from European regulators for its €14.7 takeover of German chemicals company Covestro; Spanish grid operator Enagas is debating buying a minority stake in French gas operator Terega; and private equity giant Apollo has submitted another bid to acquire pizza chain Papa John's.
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October 15, 2025
11th Circ. Sides With Insurer In Fla. Gas Station Pollution Fight
An insurer for an owner and operator of Florida gas stations owes no coverage for pollution costs stemming from an underground fuel tank leak, the Eleventh Circuit ruled Wednesday, finding the owner failed to properly notify its insurer of a "pollution condition" that could result in an insurance claim.
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October 15, 2025
Meat Industry Fights To Defend Nix Of Slaughterhouse Rules
A meat and poultry industry group has told the Ninth Circuit it opposes green groups' challenge to the federal government's decision to rescind a Biden-era proposal that would have imposed stricter water discharge regulations on slaughtering, processing and rendering facilities.
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October 15, 2025
Judge Sinks Youths' Suit Challenging Trump Energy Orders
A Montana federal judge on Wednesday dismissed a suit by youths seeking to undo President Donald Trump's energy-related emergency orders, saying that it's beyond the power of federal courts to dictate U.S. environmental and energy policy.
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October 15, 2025
FERC Ignored La. LNG Terminal's Enviro Harms, DC Circ. Told
The Federal Energy Regulatory Commission shirked its obligation to evaluate the potential harms of a massive liquefied natural gas export terminal in Louisiana before approving its construction, environmental groups and fishermen have told the D.C. Circuit.
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October 15, 2025
Ga. Justices Stand By Holding That Runoff Fees Aren't Taxes
The Supreme Court of Georgia has for the second time ruled that a landowner can't use a constitutional challenge to get out of paying stormwater utility bills to its local government, declining Wednesday to overturn a decade-plus precedent that ruled the county was enforcing a fee rather than a tax.
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October 15, 2025
Hertz Must Face Investors' Claims Over EV Statements
Car rental giant Hertz Global Holdings Inc. can't completely shed securities fraud claims over its statements that it was seeing strong demand for electric cars that artificially boosted stock prices, a Florida federal judge has ruled, while also dismissing other claims in the proposed class action.
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October 15, 2025
Mineral Co. Investors Seek Final OK Of $4.9M Deal
Investors of mineral producer Compass Minerals International Inc. have asked a Kansas federal judge to grant final approval to their nearly $5 million deal settling claims that the company misled the public about the likelihood it would secure a fire retardant supplier contract with the U.S. Forest Service.
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October 15, 2025
Colo. Urges Justices To Reject Nebraska South Platte Case
Colorado on Wednesday asked the U.S. Supreme Court not to get involved in Nebraska's claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.
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October 15, 2025
States Seek To Revive FEMA's Disaster-Mitigation Funding
A group of 22 states and the District of Columbia urged a Massachusetts federal court Wednesday to block the Trump administration's termination of a disaster mitigation program under the Federal Emergency Management Agency, arguing such authority lies with Congress.
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October 15, 2025
Mich. AG Urges Justices To Leave Enbridge Suit In State Court
Michigan's attorney general has asked the U.S. Supreme Court to strictly enforce the statutory deadline for transferring a case to federal court and refuse Enbridge Energy LP's entreaties to move her lawsuit seeking to shut down a pipeline out of state court.
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October 15, 2025
Florida Accused Of Hiding Info On Detention Center Grant
A nonprofit focused on protecting the Everglades has accused the Florida Division of Emergency Management of breaking the state's laws by refusing to provide information about federal grant funding for the "Alligator Alcatraz" immigration detention center.
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October 15, 2025
Engineering Firm, Ex-Worker Resolve Noncompete Dispute
A global environmental and engineering consulting firm has resolved a suit alleging a former employee violated a noncompete agreement by accepting a similar job at a direct competitor, according to a docket entry.
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October 15, 2025
Oregon, Groups Seek Dam Changes For Columbia River Basin
The state of Oregon and several conservation groups asked a federal court to order changes to hydropower dam operations in the Columbia River Basin that they say will reduce harm to endangered salmon and steelhead.
Expert Analysis
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Why Feds' Criminal Vehicle Tampering Theory Falls Short
In recent years, federal regulators have advanced a novel theory that reprogramming a vehicle's onboard diagnostics system is a crime under the Clean Air Act — but a case now pending in the Ninth Circuit shows that the government's position is questionable for a host of reasons, say attorneys at Arnold & Porter.
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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Wis. PFAS Insurance Ruling A Beacon In Sea Of Uncertainty
While a state court correctly ruled under Wisconsin law that a standard-form pollution exclusion in an insurance policy did not apply to PFAS liability claims from direct exposure, the decision nevertheless highlights the wide variations in state law when it comes to PFAS liability coverage, say attorneys at Haynes Boone.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Opinion
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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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.