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Environmental
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April 23, 2025
Insurer Says No Coverage For $7.8M Tornado Damage Suit
The insurer for a construction inspection company claimed it owed no coverage for a suit alleging the company overlooked deficiencies that contributed to a $7.8 million tornado loss, telling a New Jersey federal court the policyholder had no coverage for professional services gone wrong.
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
Sierra Metals, Alpayana Reach $176M Deal After 'Hostile' Bid
Toronto-based mining company Sierra Metals Inc. said Wednesday it has reached a preliminary agreement to sell the business to Alpayana Canada in a deal worth approximately $176 million, in a U-turn for the company after characterizing an earlier Alpayana offer as a "hostile" takeover bid.
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April 23, 2025
Akerman Adds Womble Bond Renewable Energy Pro In NC
Akerman LLP has added a former Womble Bond Dickinson LLP partner to the firm's Charlotte, North Carolina, office for its corporate practice group, the firm announced Tuesday.
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April 23, 2025
Apollo Plugs $220M Into Energy-Focused Joint Venture
Private equity giant Apollo, advised by Orrick Herrington & Sutcliffe LLP, on Wednesday announced plans to commit up to $220 million into a new joint venture partnership with Brown Rudnick LLP-led Bullrock Energy Ventures.
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April 23, 2025
Judge Likely To Block Trump Collective-Bargaining Ban
A D.C. federal judge appeared ready on Wednesday to block President Donald Trump's executive order threatening to strip as many as 100,000 federal employees of their collective bargaining power, saying the order seems to target unions because they've challenged his actions, not because of any purported national security justification.
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April 23, 2025
M&A 'Pause' Requires Nimble, Creative Dealmaking
With deals stalling in a market defined by uncertainty, attorneys and the dealmakers they counsel are leaning on creative structures — from earnouts to partial stake sales — to keep transactions alive, according to corporate lawyers advising on major mergers and acquisitions.
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April 22, 2025
PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told
A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.
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April 22, 2025
Audit Finds Calif. Universities' Repatriation Efforts Still Slow
The University of California system, despite years of demands for compliance to a federal law designed to protect Indigenous burial sites, still lacks accountability and urgency to return to tribes the thousands of Indigenous remains and artifacts in its collections, according to a state audit on the process.
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April 22, 2025
Wind Farm Work Stoppage Raises Energy Project Risks
The Trump administration's recent move to freeze construction of a federally approved offshore wind farm has energy infrastructure developers concerned that their permits may not protect them from the government pulling the plug on their projects.
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April 22, 2025
US Intends To Proceed With Ariz. Copper Mine, Justices Told
The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.
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April 22, 2025
Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says
Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.
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April 22, 2025
Phillips Steps Down As FERC Commissioner
Federal Energy Regulatory Commission Commissioner Willie Phillips stepped down from his role on Tuesday, paving the way for President Donald Trump to install a Republican majority at the five-member agency.
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April 22, 2025
GAO Report Looks At Gen AI's Environmental, Human Effects
Generative AI's promises to boost productivity and transform industries could benefit people, but it also comes with risks of social harm, and its effects on the environment remain unclear, the U.S. Government Accountability Office said in a report released Tuesday.
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April 22, 2025
Nuclear Startup To Go Public Through $475M SPAC Deal
Nuclear startup Terra Innovatum said Tuesday it plans to go public at a valuation of $475 million by merging with special purpose acquisition company GSR III Acquisition Corp., joining several industry peers to go public through a SPAC deal.
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April 22, 2025
At Least 10 Firms Assist On $1B Barrick Gold Alaska Deal
Barrick Gold Corp. said Tuesday it has agreed to sell its 50% interest in the Donlin Gold Project in Alaska to Paulson & Co. and Novagold Resources Inc. for $1 billion in cash, in a deal steered by at least 10 law firms.
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April 21, 2025
EPA Tells Enviro Justice Employees Reductions Are Coming
The U.S. Environmental Protection Agency on Monday issued reduction in force notices to employees in the recently shuttered environmental justice and civil rights office, as part of the agency's plan to carry out President Donald Trump's order to get rid of all diversity, equity and inclusion positions.
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April 21, 2025
Calif. Judges Who Lost Homes Sue LA Over Palisades Fire
A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.
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April 21, 2025
'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit
A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.
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April 21, 2025
New Cos. Added As 7 Other Firefighter Unions Join PFAS Suit
Seven firefighters unions have joined a proposed class action accusing 3M Co., DuPont and safety gear companies of knowingly exposing first responders to cancer-causing "forever chemicals" in their protective equipment, according to a newly amended complaint filed in Connecticut federal court.
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April 21, 2025
AFGE Units Ask Court To Nix Agencies' Labor Contracts Suit
American Federation of Government Employees affiliates told a Texas federal court Monday to dismiss a lawsuit from the Department of Defense and other federal agencies asking the court to allow termination of collective bargaining agreements, saying the government does not have standing.
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April 21, 2025
Wind Farm Co. Asks 10th Circ. To Undo Osage Teardown Order
Enel Green Power North American Inc. is asking the Tenth Circuit to reverse a lower court's $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, arguing that its conclusion of continuing trespass for the retention of backfill rocks is unprecedented and illogical.
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April 21, 2025
Offshore Leasing Withdrawal Ruling Not Moot, Court Told
Environmental groups on Friday insisted an Alaska federal judge can reinstate her decision barring the Trump administration from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, blasting the government's contention that the ruling remains moot.
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April 21, 2025
DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule
The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.
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April 21, 2025
Feds Vow To Cut NY Funds If Congestion Pricing Stays On
The U.S. Department of Transportation on Monday amplified threats to pull federal funding for Manhattan roadway projects if congestion pricing continues, saying state officials now have until May 21 to explain why they're flouting a federal directive to halt the "unconscionable" program.
Expert Analysis
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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How Global Data Center Regs May Influence US Policies
As regulators around the world react to the growth of data centers, and their increasing consumption of energy, water and land, international policies in this area may influence how the incoming U.S. administration regulates data centers in this country, say attorneys at HWG.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.