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Environmental
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October 30, 2025
Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case
A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds
A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.
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October 30, 2025
Addleshaw Adds Eversheds Partner To Irish Disputes Team
Addleshaw Goddard LLP has hired a top commercial litigator from Eversheds Sutherland to join its disputes practice as a senior partner in Ireland, saying he will contribute his expertise in planning, environmental law and dispute resolution to the international law firm.
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October 30, 2025
Senate Overturns Petroleum Reserve Drilling Limits In Alaska
The U.S. Senate on Thursday approved the revocation of a Biden-era move rolling back a plan by the first Trump administration to expand oil and gas drilling in the National Petroleum Reserve in Alaska.
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October 30, 2025
California Returns 17,030 Acres To Tule River Tribe
California Gov. Gavin Newsom on Wednesday announced the return of 17,030 acres of ancestral land to the Tule River Indian Tribe, calling it an effort to address "historical wrongs" committed against the tribe and other Native American tribes in the state.
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October 30, 2025
OpenAI Preps For IPO At $1T Valuation, Plus More Rumors
Sam Altman's OpenAI is prepping plans for an initial public offering that could value the artificial intelligence behemoth at up to $1 trillion, Facebook-owner Meta is preparing for an up to $25 billion bond offering, and major banks are gearing up for the launch of a $38 billion debt offering to fund data centers to be used by technology giant Oracle.
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October 30, 2025
Green Groups Can't Intervene In Feds' NY Superfund Suit
A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.
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October 30, 2025
Wash. Justices Reinstate $185M Monsanto PCB Verdict
The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.
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October 29, 2025
Greenpeace Gets Dakota Pipeline Damages Cut To $345M
A North Dakota state judge Wednesday reduced a jury's $666 million damages award against Greenpeace to $345 million in litigation claiming the group falsely disparaged the Dakota Access Pipeline project during environmental protests, finding that some of the damages awarded by the jury weren't backed by evidence.
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October 29, 2025
DOE's Data Center Proposal May Spark Grid Policy Turf War
The Trump administration's push to convince the Federal Energy Regulatory Commission to enable the connection of data centers to the interstate transmission system may ignite a legal turf war with states over their authority to regulate retail electricity sales.
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October 29, 2025
BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions
BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.
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October 29, 2025
5th Circ. Backs FERC's Approval Of Pacific NW Pipeline
The Fifth Circuit has affirmed the Federal Energy Regulatory Commission's approval of a TC Energy Corp. natural gas pipeline, rejecting states' claims that FERC didn't fully consider costs to consumers and green groups' claims that an environmental review was inadequate.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
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October 29, 2025
Ga. Panel Partially Revives Solar Farm Property Dispute
The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.
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October 29, 2025
Shutdown Forces Tribes To Pick Food Or Heat, Senate Told
Native American nonprofit leaders say Indian Country is choosing between fuel and food after federal employee layoffs and what stands to be the longest government shutdown in U.S. history have forced tribes to burn through their emergency reserves to continue healthcare, housing and food services.
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October 29, 2025
NC Justices Block Du Pont PFAS Suit On Eve Of Hearing
The Republican majority of North Carolina's highest court on Wednesday issued a stay pausing the state's suit against E.I. Du Pont de Nemours and Co., The Chemours Co. and others over alleged forever chemical contamination the day before the Business Court was set to hold a hearing on summary judgment in the case.
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October 29, 2025
Dems Blast Pause Of Army Corps Projects In Blue Cities
Two Democratic lawmakers demanded the U.S. Army Corps of Engineers identify and pursue $11 billion worth of projects that may have been paused in line with a social media post by Office of Management and Budget Director Russ Vought.
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October 29, 2025
Copper Lines Must Stay Due To Wireless Radiation, FCC Told
A group of people who claim they were injured by electromagnetic radiation are warning the Federal Communications Commission not to move forward with a plan to retire copper lines in phone networks, saying to do so would "endanger the lives of Americans".
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October 29, 2025
Fed. Judge Bars US From Enbridge Pipeline Oral Argument
A Michigan federal judge has denied the U.S. government's bid to participate in an upcoming oral argument in an Enbridge lawsuit against the state's governor over an oil and gas pipeline, saying the parties in the suit are able to address the issues on their own.
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October 29, 2025
Green Group Says EPA Posts Misleading PFAS Information
Public Employees for Environmental Responsibility on Wednesday said the U.S. Environmental Protection Agency is misleading the public about the risks of exposure to forever chemicals, and is demanding the EPA correct information on its website.
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October 28, 2025
Mondelez Wins Toss Of Clif Bar False Ad Claims
An Illinois federal judge on Monday tossed a proposed class action alleging that "climate neutral" labeling on Mondelez International Inc.'s Clif Kid Zbars is deceptive, finding that the message was a true statement by a third party.
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October 28, 2025
States Ask Supreme Court To Resolve PFAS Removal Dispute
Maryland and South Carolina are asking the U.S. Supreme Court to overturn the Fourth Circuit's decision to move their state court lawsuits against 3M Co. over environmental contamination from consumer products containing forever chemicals to federal court.
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October 28, 2025
3 Firms Guide Apex Treasury's $300M Blockchain, Crypto IPO
Special purpose acquisition company Apex Treasury Corp., guided by Perkins Coie LLP and Appleby (Cayman) Ltd., has completed a $300 million blockchain and cryptocurrency-focused initial public offering, which was supported by Pillsbury Winthrop Shaw Pittman LLP-led underwriters.
Expert Analysis
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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.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.