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Environmental
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November 18, 2025
9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws
The Ninth Circuit on Tuesday blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court.
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November 18, 2025
NTSB Flags Vessel's Loose Wire In Key Bridge Collapse Probe
A single loose wire triggered a power failure aboard the container carrier that slammed into Baltimore's Francis Scott Key Bridge last year, and the absence of an effective warning system didn't give construction workers enough time to clear the collapsing bridge, the National Transportation Safety Board determined Tuesday.
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November 18, 2025
Trump Admin May Be Overpromising WOTUS Clarity
The Trump administration says its proposal to shrink the Clean Water Act's reach would reduce regulatory burdens and provide clarity to farmers, homebuilders and other businesses, but it could face court challenges and potential reworking by future administrations.
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November 18, 2025
Fla. Condo Says Insurers Handled Storm Claim In Bad Faith
A group of property insurers acted in bad faith by failing to properly, timely and fairly adjust a claim for damage caused by Hurricane Sally in 2020, the owner of a Pensacola condominium complex told a Florida federal court.
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November 18, 2025
1st Circ. May Nix Trump Funding Freeze In 'Weird' Case
The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.
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November 18, 2025
Romania Says Mining Co.'s $4.4B Claim Can't Be Revived
Romania is fighting against Gabriel Resources' bid to revive its $4.4 billion arbitration claim against the country, saying the mining company's attacks on a tribunal member are "opportunistic," and that his work for a non-governmental organization didn't affect the proceedings' outcome.
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November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions
Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
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November 18, 2025
Judge Questions If Trump's Say-So Makes Wind Edict Legal
A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.
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November 18, 2025
NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement
Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company.
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November 17, 2025
Tyson Won't Make Carbon Claims Under Greenwashing Deal
Tyson Foods Inc. has agreed to stop making promises to reach "net-zero" greenhouse gas emissions by 2050 and to sell "climate-smart" beef, according to a settlement filed Monday that resolves greenwashing allegations brought by the Environmental Working Group.
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November 17, 2025
Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling
Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.
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November 17, 2025
AGs Seek To Freeze EPA Solar Grant Funds During Challenge
A coalition of states asked a Washington federal judge to maintain federal money for Solar for All grants during the pendency of their lawsuit challenging the U.S. Environmental Protection Agency's decision to kill the program, arguing that they're likely to prevail on their claims that the agency can't legally claw back funds Congress already obligated.
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November 17, 2025
8th Circ. Affirms Ala. Apt. Owner's $27M Fire Coverage Win
A split Eighth Circuit affirmed Monday an apartment complex owner's $27 million jury award against a Travelers unit in a fire coverage dispute, saying sufficient evidence existed to support the verdict that the presence of microscopic soot constituted "direct physical loss or damage" to property as required by the policy.
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November 17, 2025
Decade-Old Mont. Bison Dispute Spurs Call For Legal Clarity
A neighborhood group is asking a Montana federal district court to declare a 2019 Yellowstone bison management operation plan illegal, arguing that federal agencies are allowing the state to diminish treaty hunting opportunities for Indigenous nations that provide more food for their members.
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November 17, 2025
Tribes Urge Mich. Top Court To Block Enbridge Oil Tunnel
A group of tribes and environmental organizations has urged the Michigan Supreme Court to order a more rigorous environmental review of Enbridge Energy LP's plan for an oil pipeline tunnel beneath the Straits of Mackinac.
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November 17, 2025
Trump Hit With Suit Over Plan To Paint Historic Building
A preservationist law firm filed a lawsuit Friday to stop President Donald Trump from painting over a historic granite office building near the White House, a move it says would permanently alter the structure in violation of government rules.
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November 17, 2025
EPA, Army Corps Float Trimming Clean Water Act Powers
The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad.
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November 17, 2025
Origin Materials Investors Seek First OK For $9M Deal
Investors in sustainable materials maker Origin Materials Inc. have asked a California federal judge to grant the first green light to a $9 million deal in a class action that claims the company and its co-CEO failed to disclose a change in direction in the company's manufacturing plans and a delay in building a new plant.
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November 17, 2025
Justices Seek DOJ's Opinion In Neb.-Colo. River Dispute
The U.S. Supreme Court on Monday asked the federal government to weigh in on Nebraska's request that the justices decide whether Colorado is violating the terms of an agreement that dictates the management of the South Platte River.
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November 17, 2025
EPA Diluted Facility Upgrade Review Regs, DC Circ. Told
Environmental groups have told the D.C. Circuit that the U.S. Environmental Protection Agency unlawfully created a watered-down formula to determine whether modifications to industrial facilities trigger additional air pollution reviews.
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November 17, 2025
Willkie-Led Rockland Clinches 5th Fund With $1.2B In Tow
Willkie Farr & Gallagher LLP-advised private equity shop Rockland Capital announced Monday that it wrapped fundraising for its fifth fund after securing $1.2 billion in investor commitments.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 17, 2025
Eaton Fire Plaintiffs Say Edison Is Delaying Litigation
A group of plaintiffs suing Southern California Edison Co. over the Eaton Fire that began in January is accusing the utility of acting in bad faith by refusing to negotiate in mediation, despite admitting to shareholders that its equipment is responsible for the blaze.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
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November 14, 2025
Pa. Budget Ends State's Bid To Join Cap-And-Trade Compact
Pennsylvania legislators have announced that their long-awaited 2025 budget included provisions ending the state's bid to join a multistate carbon cap-and-trade compact, mooting years of litigation over whether the credits that fossil-fuel power plants would purchase were a fee or a tax.
Expert Analysis
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.