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Environmental
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May 02, 2025
Plaintiffs Seek Redo Over Sterilization Co.'s Trial Tactics
Four women who claimed a Colorado sterilization company caused their cancers asked a state court to order a new trial, arguing the business won a favorable verdict with prejudicial evidence about law firm ads and by suggesting the women are not "real victims but pawns in a scheme orchestrated by their lawyers."
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Texas-Led AGs Defend BlackRock Coal Investments Suit
A coalition of Republican states led by Texas are arguing that BlackRock Inc.'s public commitments to reducing its carbon footprint are evidence that it and two other leading asset managers teamed up to suppress the production of coal in the United States, asking a federal judge not to dismiss their case against the firms.
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May 02, 2025
Trump Proposes Billions In Cuts To EPA State Grant Programs
The U.S. Environmental Protection Agency would lose more than half of its funding compared with 2025 under the 2026 budget request released Friday by the Trump administration, with proposed cuts to drinking water infrastructure grants for states amounting to $2.4 billion.
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May 02, 2025
Texas City Backs Exxon In Recycling Defamation Suit
The city of Beaumont, Texas, sided with Exxon in its defamation lawsuit against California's attorney general and a coalition of conservation groups, telling a court the company's advanced recycling program provided needed innovation for coastal communities.
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May 02, 2025
NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case
A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."
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May 02, 2025
Debevoise Guides Ara Partners On $800M Low-Carbon Fund
Ara Partners has raised more than $800 million for its first infrastructure fund, aimed at cutting carbon emissions from the industrial economy, with legal guidance from Debevoise & Plimpton LLP.
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May 02, 2025
CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial
A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.
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May 02, 2025
Contractors Settle Mass. AG's YMCA Asbestos Claims
The Massachusetts Attorney General's Office said Friday that two contractors will pay $150,000 each to settle claims that their faulty asbestos removal at a YMCA might have exposed schoolchildren, building residents and staff to carcinogenic particles.
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May 02, 2025
Groups Seek Order Halting Trump's Restructuring Of Gov't
A California district court must stop federal agencies from moving ahead with President Donald Trump's directive to reorganize and terminate government workers, unions and other groups argued, calling for a temporary restraining order based on alleged harms from the administration's "radical restructuring."
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May 02, 2025
Miner, Recreationists Look To Dissolve Chuckwalla Monument
A miner and an advocacy group have asked a Michigan federal court to revoke the protected status of the Chuckwalla National Monument in a suit that takes aim at presidential power to protect vast areas of federal land.
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May 01, 2025
VW, Audi Say Recall Fixes Nullify EV Fire-Risk Lawsuit
Drivers who claimed Audi of America LLC and Volkswagen Group of America Inc. sold them electric vehicles with defective batteries that could short circuit and catch fire while driving have never actually suffered this alleged issue, the automakers said in their bid seeking to dismiss the proposed class action.
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May 01, 2025
States, Green Groups Look To Vacate NEPA Ruling
States that had asked the Eighth Circuit to revive vacated National Environmental Policy Act regulations are now abandoning their appeal because the White House has eliminated the standards — but they're still asking that a lower court's decision striking down the regulations be overturned.
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May 01, 2025
CR Bard Owes For Plant Neighbor's Illness, Jury Told
A Georgia jury heard in closing arguments on Thursday that C.R. Bard's medical sterilization plant wantonly polluted the air with ethylene oxide and caused a man's cancer, while the company said the man's exposure was nowhere near danger levels.
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May 01, 2025
Insurance Pros Stress Disaster Mitigation In Senate Hearing
A panel of insurance experts stressed in front of a U.S. Senate committee Thursday the importance of mitigation efforts, such as strengthening building codes and hardening homes, as the experts discussed how prices in the property insurance market have soared because of recent natural disasters across the country.
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May 01, 2025
Senate Votes To Strike EPA 'Once In, Always In' Rule Update
The U.S. Senate on Thursday voted to eliminate a U.S. Environmental Protection Agency rule aimed at restricting industrial facilities' harmful air emissions after being reclassified as a less severe pollution source.
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May 01, 2025
Hawaii Tenant's Tainted Water Eviction Claims Survive Ruling
A Hawaii federal judge preserved a tenant's claims that he was effectively evicted from his home when a landlord failed to identify or warn of water contamination caused by leaks in 2021 at a U.S. Navy fuel storage facility on Pearl Harbor.
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May 01, 2025
Calif. AG Can't Dodge ACC Recycling Subpoena Suit
The American Chemistry Council can move forward with its challenge to a since-withdrawn subpoena from the California attorney general tied to a plastics pollution probe, a D.C. federal judge ruled Thursday.
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May 01, 2025
9th Circ. Asked To Revisit Ruling On Guam Munitions Suit
A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.
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May 01, 2025
Feds Sue To Block State Climate Suits, Superfund Laws
The federal government sued to block two states' climate change Superfund laws and stop two other states from launching threatened lawsuits against fossil fuel companies, saying the states' actions jeopardize national energy security.
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May 01, 2025
House Votes To Axe Another EPA Emissions Waiver For Calif.
The U.S. House of Representatives on Thursday passed the third of three Congressional Review Act resolutions that would undo Clean Air Act waivers that the U.S. Environmental Protection Agency issued for California's vehicle emissions programs.
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May 01, 2025
Sony Eyes $49B Semiconductor Unit Sale, Plus More Rumors
Sony could sell its semiconductor unit for $49 billion, while proxy advisory firm Glass Lewis is considering ending its practice of advising shareholder votes on politically charged topics, and AI startup Nscale plans to raise $2.7 billion in private capital to support the construction of data centers around the world.
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April 30, 2025
Oil Group Drops Suit After DOI Says Leasing Redo Coming
The D.C. Circuit on Wednesday granted the American Petroleum Institute's request to dismiss a suit challenging the U.S. Department of the Interior's 2024–29 offshore oil and gas leasing program after the government promised to develop a more industry-friendly plan.
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April 30, 2025
House Votes To Nix Two Calif. Air Emissions Waivers
The U.S. House of Representatives on Wednesday passed two Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, leaving the fate of the measures up to the Senate.
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April 30, 2025
Amazon's Suit Over Soured Solar Deals Survives Dismissal
Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.
Expert Analysis
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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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.