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Environmental
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June 30, 2025
High Court Rejects Challenge To NM Nuke Storage Site
The U.S. Supreme Court on Monday said a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in New Mexico.
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June 30, 2025
Justices Say Another Biofuel Waiver Case Fits In DC Circ.
Following the U.S. Supreme Court's decision that the D.C. Circuit was the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, the high court on Monday granted summary disposition in another pending case on the same subject.
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June 30, 2025
High Court Won't Review Kentucky's Smog Plan Challenge
The U.S. Supreme Court on Monday declined to review the Sixth Circuit's refusal to transfer Kentucky's challenge to the U.S. Environmental Protection Agency's disapproval of its ozone control plan to the D.C. Circuit, after ruling such cases belong in regional circuit courts.
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June 30, 2025
Justices Seek SG's View In $1.2M Roundup Verdict
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
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June 30, 2025
Supreme Court Won't Take On CWA Suit Over Wash. Port Regs
The U.S. Supreme Court on Monday declined to wade into a dispute between a Washington state port and an environmental group over whether citizen suits seeking to enforce state permitting conditions that go beyond the Clean Water Act can proceed in federal court.
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June 30, 2025
Justices Take On Enbridge Pipeline Remand Fight
The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that found Enbridge Energy LP missed a statutory deadline to transfer to federal court a lawsuit from Michigan's attorney general seeking to shut down one of the company's pipelines.
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June 27, 2025
Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'
The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.
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June 27, 2025
Insurer Fights Cosmetic Co. Over Coverage For Pollution Row
A Markel unit had no duty to defend a cosmetics company against prior water pollution claims simply because it agreed to defend a subsequent suit brought by the California attorney general, the insurer told a California federal court Friday.
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June 27, 2025
Hawaii Groups Look To Block Monument Fishing Permits
Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.
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June 27, 2025
Groups Sue To Protect Everglades From 'Alligator Alcatraz'
Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.
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June 27, 2025
Texas Justices Give Uri MDL Plaintiffs Chance To Replead
The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.
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June 27, 2025
Philly District Inks DPA With Feds Over Asbestos In Schools
The School District of Philadelphia has agreed to federal oversight of its asbestos remediation efforts in its facilities after a five-year investigation revealed that it had fallen behind in dealing with airborne toxins from classrooms, the U.S. Attorney's Office for the Eastern District of Pennsylvania said Friday.
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June 27, 2025
Insurer Asks Court To Sort Out Paying Of $4.1M Settlement
An insurer asked a California federal court to decide who should receive a $4.1 million settlement of a homeowner's fire claims, saying it could not determine who was entitled to the payment because of a number of lien notices filed as the settlement was finalized.
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June 27, 2025
3 DOL Policy Shifts On Benefits Attys' Radar
Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
Bayer Investors' $38M Settlement Over Monsanto Deal OK'd
A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."
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June 26, 2025
Calif. FAIR Plan Fire Policy Is Unlawful, Court Rules
Fire insurance offered by California's insurer of last resort does not meet the minimum coverage standards laid out in the state insurance code, a California state court ruled, finding the policy's definition of "direct physical loss" and its smoke damage provision to be unlawfully restrictive.
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June 26, 2025
EPA Illegally Ended Environmental Justice Grants, Groups Say
Environmental groups, a Native American village and other local governments have alleged in a proposed class action in D.C. federal court that the U.S. Environmental Protection Agency unlawfully stopped a $3 billion climate grant program created by the 2022 Inflation Reduction Act.
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June 26, 2025
Suit Blaming Big Oil For Heat Wave Death Moved To Fed Court
Chevron removed to Seattle federal court a first-of-its kind wrongful death suit brought by the daughter of a woman who died during a 2021 heat wave alleging oil and gas giants — including BP PLC, ConocoPhillips and Shell PLC — knew for decades their fossil fuel products would one day "claim lives."
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June 26, 2025
Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale
Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.
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June 26, 2025
FERC Chair Aims To Stay Beyond His Term's End
As his potential replacement awaits a U.S. Senate confirmation hearing, Federal Energy Regulatory Commission Chairman Mark Christie said Thursday that he plans to oversee the agency's next monthly open meeting in July, but otherwise remained tight-lipped about his impending departure.
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June 26, 2025
Gordon Rees Adds Glazier Yee Toxic Tort Ace In LA, St. Louis
Gordon Rees Scully Mansukhani LLP is expanding its litigation team, bringing in an environmental and toxic tort specialist from boutique firm Glazier Yee LLP as a partner in its St. Louis and Los Angeles offices.
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June 26, 2025
EPA Seeks To Appeal Flint Water Crisis Immunity Ruling
The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.
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June 26, 2025
Akerman Adds Steptoe Energy Transactional Atty In DC
Akerman LLP has hired a former Steptoe LLP partner who works on the regulatory, corporate and transactional aspects of energy deals and with related project development matters, the firm announced Wednesday.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.