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Environmental
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October 14, 2025
Calif. Allows Extended Property Tax Relief After LA Fires
California property owners affected by several fires in Los Angeles County in January will have extended property tax relief under legislation signed by Democratic Gov. Gavin Newsom.
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October 14, 2025
Minn. Tribe Sues 3M, Tyco, Chemours Over PFAS Pollution
The Leech Lake Band of Ojibwe is suing 3M Co., BASF Corp., The Chemours Co. FC, Corteva Inc. and Tyco Fire Products, alleging they all made or sold products containing so-called forever chemicals that have contaminated the tribe's water supply and other resources.
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October 14, 2025
Justices Won't Touch Liability Ruling At Superfund Site
The U.S. Supreme Court on Tuesday rejected a petition from Georgia-Pacific Consumer Products to review the Sixth Circuit's finding that two other businesses are not liable for future cleanup costs at a Michigan Superfund site.
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October 10, 2025
Cummins To Settle Investor Suit Over Emissions Scandal
Engine manufacturer Cummins Inc. and an investor have reached an agreement to settle proposed class action claims that the company hurt investors by hiding emissions control devices in certain engines, for which the company has paid a record $2 billion to settle regulators' Clean Air Act claims.
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October 10, 2025
Mich. Fights Feds' Support For Enbridge Line 5 Pipeline
Michigan urged a federal judge to reject the U.S. government's contention that its attempt to block an Enbridge Energy oil and gas pipeline segment is illegal, while the company said the government's arguments have merit.
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October 10, 2025
Feds Nix Large-Scale Enviro Review Of Nev. Solar Project
The U.S. Department of the Interior confirmed that it canceled a broad environmental review of a massive solar development in Nevada, saying it would instead perform individual reviews of the seven projects that make up the development.
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October 10, 2025
State Farm Needn't Cover Dry Cleaner In Pollution Row
The property owner of a dry cleaner isn't owed coverage for an investigation and remediation demand conducted by a state environmental protection agency, a New Mexico federal judge ruled, finding that an absolute pollution exclusion barred indemnification and defense obligations.
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October 10, 2025
Rediscovered Texas Indigenous Site Spurs Preservation Push
The Texas Historical Commission is investigating whether to list an Indigenous Gulf Coast tribal settlement as a historic property or a state antiquities landmark after a local scientist rediscovered what could be part of the tribe's ancestral lands.
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October 10, 2025
Biz Groups, GOP Reps Ask Justices To Sink Colo. Climate Suit
Business groups and over 100 Republican lawmakers are asking the U.S. Supreme Court to reverse a decision by Colorado's top court allowing Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed in state court.
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October 10, 2025
Oklahoma, Tribes Clash Over Hunting, Fishing Sovereignty
Oklahoma's Indigenous nations are speaking out against a state Department of Wildlife Conservation directive that says its game wardens will continue to enforce state law and cite anyone in violation, regardless of tribal citizenship.
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October 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Paddington Bear's creators and Studio Canal sue the company behind Spitting Image, Blackpool Football Club's former owner Owen Oyston bring a fresh claim against the club, and Mishcon de Reya sue a Saudi investment group.
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October 09, 2025
Trade Court Upholds Malaysian Wind Tower Duties
The U.S. Court of International Trade on Thursday upheld the federal government's antidumping review of a Malaysian wind tower exporter, finding the Commerce Department supported its decision to decline the company's recommendations in reaching a final duty rate.
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October 09, 2025
US Wind Fights For Countersuit Against Offshore Project Foes
US Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline.
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October 09, 2025
5th Circ. Says Army Corps Didn't Harm Dolphins In Miss.
A Fifth Circuit panel found the U.S. Army Corps of Engineers' operation of a spillway likely did not cause harm to bottlenose dolphins in the Mississippi Sound, saying Thursday that local governments failed to demonstrate how continued use would harm the marine mammals.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
Judge Tosses San Juan Climate Suit Against Energy Cos.
A federal judge has dismissed San Juan, Puerto Rico's lawsuit linking energy giants' alleged concealment of fossil fuels' effects on climate change to a pair of hurricanes, saying it's indistinguishable from a recently dismissed suit brought by other Puerto Rico municipalities.
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October 09, 2025
Paramount Eyes $60B Warner Bid, And Other Rumors
Paramount Skydance is in talks with private equity firms including Apollo Global Management as it mulls a potential $60 billion bid for Warner Bros. Discovery. Another mega-deal that's further along its path to closing — Mars' $36 billion bid to acquire Kellanova — is set to win European antitrust approval. And Armani has approached potential buyers to sell a minority stake in the first phase of late designer Giorgio Armani's wishes.
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October 09, 2025
FERC Nixes Ban On Pipeline Work During Project Appeals
The Federal Energy Regulatory Commission has scrapped a rule barring construction activities on gas infrastructure projects when approvals are being challenged, saying it's no longer necessary and bogs down the development of needed infrastructure.
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October 09, 2025
Choate-Led PE Shop Clinches $400M Environmental Fund
Environment-focused private equity shop Ecosystem Investment Partners, advised by Choate Hall & Stewart LLP, on Thursday announced that it wrapped its fifth fund with over $400 million of commitments, bringing the firm's total capital raised to nearly $1.5 billion since its 2006 founding.
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October 08, 2025
Defunct Coke Co. To Pay $700K For Skipped Pollution Monitor
A defunct Pennsylvania coal processor will pay the federal government $700,000 in fines after its employees admitted to bypassing pollution controls at an Erie coke plant, according to court records.
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October 08, 2025
Utah Tribe Appeals Denial To Fight $16M Ovintiv Air Deal
The Ute Indian Tribe of the Uintah and Ouray Reservation is appealing a federal district court decision that denied its intervention to challenge a $16 million Clean Air Act consent decree between the U.S. government and Ovintiv USA Inc.
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October 08, 2025
NY AG Cracks Down On Mercury In Skin Lightener Creams
New York Attorney General Letitia James on Wednesday said she has ordered three companies to end their selling of skin lightening creams that contain dangerously high levels of mercury, sometimes up to 30,000 times the legal limit under the state's law.
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October 08, 2025
Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints
A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.
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October 08, 2025
Heritage Coal's Ch. 11 Plan Ignores Enviro Laws, States Say
Maryland, Pennsylvania and the creditors committee of Heritage Coal have objected to its Chapter 11 liquidation plan, telling a Delaware bankruptcy judge that legal releases should be pared down and the states saying it doesn't address their environmental laws.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
Expert Analysis
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.