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Environmental
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April 16, 2025
Interior Dept. Halts Work On East Coast Offshore Wind Farm
U.S. Secretary of the Interior Doug Burgum said Wednesday that he has directed the Bureau of Ocean Energy Management to immediately freeze all construction activities on the Empire Wind offshore wind energy project south of New York's Long Island.
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April 16, 2025
Texas Energy Bills Are No Panacea For Power Projects
Energy bills advancing through the Texas Legislature aim to get more electricity on the grid to satisfy escalating demand, but the possibility of new restrictions on renewable energy development has attorneys questioning whether companies will actually build what's needed.
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April 16, 2025
Texas Oil Co., Exec Admit Negligence In Toxic Gas Deaths
A Texas oilfield company executive has been sentenced to five months in prison, while his company was put on two years of probation and ordered to pay $1 million in restitution after pleading guilty in a case stemming from the deaths of an employee and his wife from exposure to toxic hydrogen sulfide gas in 2019.
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April 16, 2025
Feds Float Reducing Endangered Species Habitat Protections
The Trump administration on Wednesday said it plans to eliminate a long-standing regulatory provision that prohibits the destruction of endangered species habitat by project developers.
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April 16, 2025
IBM Sues Insurers Over $900M In Environmental Expenses
IBM has taken several of its excess commercial general liability insurers to New York federal court, arguing that following IBM's coverage settlements with underlying insurers, they are now on the hook for over $900 million in environmental remediation expenses incurred under policies issued between 1961 and 1970.
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April 16, 2025
Interior Transfers 110,000 Acres To Army For Border Security
The U.S. Department of the Interior is transferring 110,000 acres of federal land along the southern border to the U.S. Army to support Border Patrol as part of a sweeping effort by the Trump administration to crack down on illegal immigration.
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April 16, 2025
Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage
Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.
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April 16, 2025
Union Denied More Time In Feds' Bid To Bless CBA Rebuke
A Kentucky federal judge has refused to delay an approaching hearing on the U.S. Department of the Treasury's bid to nullify its workers' union contracts, despite a union's assertion that it's been given little time to prepare for a consequential case and that it has yet to be served.
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April 16, 2025
Groups Urge Congress To Probe DC's Use Of Private Attys
The American Tort Reform Association and two other groups called on Congress on Wednesday to investigate District of Columbia Attorney General Brian Schwalb for the office's use of outside counsel for litigation, which they say has issued millions in legal contracts with little transparency or accountability.
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April 16, 2025
Mexico's Vista Buys Stake In Argentine Oil Project For $1.5B
Mexico-based oil and gas company Vista Energy said Wednesday it has acquired a 50% stake in La Amarga Chica, a large shale oil project in the Neuquina Basin of Argentina's vast Vaca Muerta shale formation, for about $1.5 billion.
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April 16, 2025
Judge Restores EPA Grant Funds For Climate Change Groups
A D.C. federal judge has ordered Citibank NA to start disbursing Biden-era federal grant funding to nonprofits working on climate change projects, and blocked the U.S. Environmental Protection Agency's effort to terminate the grants.
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April 16, 2025
Global Clean Energy Files Ch. 11 With Over $2B In Debt
Renewable fuels company Global Clean Energy Holdings Inc. filed for Chapter 11 relief Wednesday in Texas with more than $2 billion of liabilities, about $2 million of cash on hand and a prearranged restructuring plan supported by most of its secured lenders.
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April 15, 2025
Judge Tells Feds To Unfreeze Climate, Infrastructure Funds
The U.S. Department of Agriculture, U.S. Environmental Protection Agency and other federal agencies must "turn the funding spigots back on" while environmental groups challenge the Trump administration's decision to cut congressionally approved dollars for infrastructure, agriculture, climate and other initiatives, a Rhode Island federal judge ruled Tuesday.
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April 15, 2025
New Mexico Pueblos Allowed Into Fed Mineral Lease Ban Suit
A pair of Native American pueblos can intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, a federal magistrate judge ruled Tuesday.
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April 15, 2025
Trump Orders Overhaul Of Federal Contracting Rules
President Donald Trump issued orders Tuesday aimed at simplifying and reducing the costs of federal contracting for both government and contractors, directing agencies to pare back the Federal Acquisition Regulation to only "essential" requirements and to prioritize commercial item purchases.
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April 15, 2025
No Appeal For Green Energy Co. CEO In $40M Investor Suit
The CEO of a company purportedly funded by a green energy outfit can't appeal a judge's determination in a proposed investor class action that found the executive is subject to the Tennessee federal court's jurisdiction, saying he failed to meet the requirements for such an appeal.
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April 15, 2025
Apple Challenges PFAS Claims In Watch Band Lawsuit
Apple has urged a California federal judge to toss a proposed class action claiming its smartwatch bands contain toxic chemicals, arguing the suit relies on speculative "barebones" testing data and fails to show its products actually contain harmful substances.
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April 15, 2025
DC Circ. Again Nixes Challenge To $44B Alaska LNG Project
The D.C. Circuit rejected a challenge by conservation groups against the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska, ruling Tuesday the department's conclusion regarding uncertainty over the project's effects on greenhouse gases was supported by "overwhelming evidence" in its environmental impact statements.
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April 15, 2025
Massive Calif. Fire Assessment Pass-Through Sparks Suit
Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act.
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April 15, 2025
Dow Says NJ Pollution Suit 'Classic' Case For Federal Court
Dow Chemical Co. told a Third Circuit panel on Tuesday that the New Jersey attorney general's suit accusing it and other companies of causing widespread groundwater pollution through a product containing a likely cancer-causing compound belongs in federal court, arguing the product was developed for the federal government.
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April 15, 2025
Court Abused Discretion In Tesoro Pipeline Row, 8th Circ. Told
Enrolled members of a North Dakota tribe say a lower court abused its discretion in denying them intervention in a lawsuit challenging the federal government's right-of-way trespassing claims against the Tesoro High Plains Pipeline, arguing it failed to consider the full scope of their interests and rights at stake.
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April 15, 2025
Kinder Morgan Must Face $100M Texas Storm Billing Dispute
A Texas state appeals court said Tuesday that Kinder Morgan must face a suit over $100 million in invoices stemming from a February 2021 winter storm that caused a power crisis in the state, finding that the company hadn't shown it was forced to reduce gas supplied to a customer at the height of the storm.
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April 15, 2025
Colorado Judge Tosses Counties' Suit Over $25M Tax Transfer
A Colorado state judge has dismissed a lawsuit brought by seven counties challenging the transfer of $25 million from a state fund aimed at offsetting the impacts of extractive industries, finding in an order that the state Legislature had full authority to move the dollars.
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April 15, 2025
Simpson Thacher Advises On $2.2B Cross-Border Power Deal
Simpson Thacher is advising Canada's Capital Power Corp. on its planned $2.2 billion acquisition of two U.S. natural gas power plants, marking the energy firm's strategic entry into North America's so-called PJM market.
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April 15, 2025
DC Circ. Zaps FERC Fight Over Grain Belt Express Line
A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.
Expert Analysis
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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New York Climate Superfund Law May Face Preemption Fight
New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Hydrogen Regs Will Provide More Certainty — If They Survive
Newly finalized regulations implementing the Section 45V clean hydrogen tax credit allow producers more flexibility, and should therefore help put the industry on more solid footing — but the incoming Trump administration and Republican Congress will have multiple options for overturning or altering the regulations, say attorneys at Steptoe.