The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action.
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FRIDAY, DECEMBER 5, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

9th Circ. Says Species' Competing Interests Impact ESA Cases

By Juan-Carlos Rodriguez

The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action.

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Environmental Groups Sue EPA Over Methane Rule Delay

By Tom Lotshaw

Environmental groups are challenging a final rule the U.S. Environmental Protection Agency published Wednesday to extend a number of compliance deadlines for methane pollution control requirements, calling it an unlawful handout for oil and gas companies.

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DC Circ. Wary Of Russia's Immunity Claim In $250M Award Fight

By Caroline Simson

A D.C. Circuit panel expressed skepticism during oral arguments Thursday that Russia can avoid paying more than $250 million in arbitral awards owed to Ukrainian power and gas companies after the seizing of Crimea based on an argument that an exception to sovereign immunity doesn't apply.

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MVP

MVP: Sidley's Justin Savage

By Juan-Carlos Rodriguez

Sidley Austin LLP partner and environmental practice group co-leader Justin Savage's recent accomplishments include the pro bono defense of a client accused by the federal government of installing devices in vehicles meant to defeat emission control laws and helping an Ohio petroleum refiner resolve pollution allegations, earning him a spot among the 2025 Law360 Environmental MVPs.

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WATER

US, Tribes Ask High Court To Uphold Michigan Fishing Pact

By Crystal Owens

Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari."

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DEALS

KKR-Led Group Sells Stake In Tokyo Hotel, Plus More Rumors

By Jade Martinez-Pogue

A group led by private equity behemoth KKR sold its stake in a luxury Tokyo hotel for $800 million, Blackstone is considering dropping its bid for British self-storage company Big Yellow Group, and Australian metals and mining company BHP Group offered to buy British mining company Anglo American for £40 billion ($53 billion) before nixing its offer.

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EXPERT ANALYSIS

Opinion

California Vapor Intrusion Policy Should Focus On Site Risks

As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.

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Series

Preaching Makes Me A Better Lawyer

Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

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LEGAL INDUSTRY

Bonus Spotlight

Cahill Gordon Offers Associates 'Super Bonus' Of Up To $200K

By Anna Sanders

Cahill Gordon & Reindel LLP won't just match BigLaw's prevailing scale for year-end bonuses — the firm will also reportedly offer outsized special bonuses, or super bonuses, up to $200,000 for high-performing associates.

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Analysis

Appeal Of US Atty Invalidations May Be 'Devastating' To DOJ

By Phillip Bantz

As the list of interim and acting U.S. attorneys found to be unlawfully appointed under President Donald Trump grows, so too does the pressure on his administration to make the next move, which could force a risky strategic decision on whether to push the issue up to the U.S. Supreme Court, experts said.

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Judge Nixes Hagens Berman's Recusal Bid After DOJ Referral

By Emma Cueto

Two days after referring powerhouse plaintiffs firm Hagens Berman to the U.S. Department of Justice for alleged misconduct, a Pennsylvania federal judge on Thursday dismissed the firm's request that he recuse himself from the long-running product liability suit, calling the firm's arguments "absurd."

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Senate Impeachment Hearing On Judges Likely In January

By Courtney Bublé

The Senate hearing on impeachment of "rogue" judges is likely going to be rescheduled for January, Sen. Ted Cruz, R-Texas, who will be chairing the hearing, told Law360 on Thursday.  

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SDNY Judge Unsure Of Jurisdiction In Maurene Comey Suit

By Pete Brush

A Manhattan federal judge said Thursday he may not have jurisdiction over former prosecutor Maurene Comey's suit claiming President Donald Trump's rivalry with her father, former FBI Director James Comey, led to her firing.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

Is the False Claims Act constitutional? Will Mark Zuckerberg be deposed in high-profile privacy litigation? Did a major drugmaker's shenanigans cost investors nearly $7 billion? That's a small sample of the intriguing legal questions we're exploring in this preview of December's top appellate action.

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NY AG Applauds Reports Grand Jury Declined To Reindict

By Lauren Berg

New York Attorney General Letitia James Thursday hailed reports that a Norfolk, Virginia, federal grand jury had declined to reindict her on charges of mortgage fraud, refusing to revive a case that President Donald Trump had pushed prosecutors to pursue against his "guilty as hell" political opponent.

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NY Law Firm Files Ch. 11 After Hostile Takeover Allegations

By Ben Zigterman

A New York law firm filed for Chapter 11 bankruptcy relief a week after its creditors filed involuntary Chapter 7 liquidation petitions and more than a month after the firm's founder accused the creditors of a hostile takeover of his firm.

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Google Fights Unlockd's Judge Recusal Bid In Antitrust Case

By Christine DeRosa

Google is opposing a move by Unlockd Media seeking the recusal of U.S. District Judge Haywood S. Gilliam Jr. in an antitrust lawsuit in California federal court, arguing that the judge's close relationship with Google's vice president for litigation and discovery doesn't require him to step away from the case.

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Brief

Senate Confirms 4th NC Federal Judge This Week

By Courtney Bublé

The Senate on Thursday confirmed its fourth federal judge this week for North Carolina.

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Fla. Judge Admits To Ethics Breach Over Bogus Recording

By Madison Arnold

A Florida state judge has admitted to an unintentional violation of the state's judicial ethics code over her publicly sharing a fabricated recording of a chief judge disparaging another judge during her 2024 election campaign.

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SEC Investor Panel Presses For Corporate AI Disclosures

By Jessica Corso

A U.S. Securities and Exchange Commission working group is urging the agency to adopt regulations that could standardize the way publicly traded companies report the way they use artificial intelligence, arguing Thursday that investors are not always being kept informed about the risks of the technology.

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LAW FIRMS IN TODAY'S NEWS

Bedell Dittmar

Boies Schiller

Brewer Attorneys

Bryan Cave

Cadwalader Wickersham

Cahill Gordon

Clarick Gueron

Cooley LLP

Coppersmith Brockelman

Covington & Burling

Cravath Swaine

Curtis Mallet-Prevost

DLA Piper

David Boies

Dechert LLP

Diamond McCarthy

Donahue Goldberg

Frost Brown

Garfunkel Wild

Gibbs Mura

Gibson Dunn

Hagens Berman

Hughes Hubbard

Kanji & Katzen

Koskoff Koskoff

Lake Law Firm LLC

Latham & Watkins

Lehotsky Keller

Lowell & Associates

McCune Law

McGuireWoods

McKool Smith

Mike Scott Law

Milbank LLP

MoloLamken

Nossaman LLP

O'Melveny & Myers

Olson & Howard

Paul Weiss

Pietragallo Gordon

Pillsbury Winthrop

Rasco Klock

Reese LLP

Saxton & Stump

Sheppard Mullin

Sidley Austin

Smith Tozian

Sparacino PLLC

Stinson LLP

Togut Segal

Welsh & Recker

WilmerHale

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

Above the Law

American Foreign Service Association

Anglo American PLC

Anthropic PBC

BHP Group PLC

Bayer AG

Boston University

Bristol-Myers Squibb Co.

Cable News Network Inc.

Canon Inc.

Celgene Corp.

Cenovus Energy, Inc.

Center for Biological Diversity Inc.

Clean Air Council

Clean Air Task Force Inc.

Earthjustice

Earthworks

Environmental Defense Fund Inc.

Financial Times Group Ltd.

Food & Water Watch

Ford Motor Co.

GSK PLC

Google LLC

Herzog

Meta Platforms Inc.

National Education Association

National Treasury Employees Union

Natural Resources Defense Council

OpenAI OpCo LLC

Perella Weinberg Partners LP

Pharmaceutical Research & Manufacturers of America

Public Citizen Inc.

QuEST Global Services Pte. Ltd.

Schroders PLC

Sierra Club

Southeastern University

Temasek Holdings Pte. Ltd.

The Environmental Law & Policy Center

The Florida Bar

The New York Times Co.

U.S. Chamber of Commerce

UMB Financial Corp.

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bay Mills Indian Community

California Environmental Protection Agency

City and County of San Francisco, California

Federal Bureau of Investigation

Federal Communications Commission

Florida Supreme Court

Food and Drug Administration

Grand Traverse Band of Ottawa and Chippewa Indians

Internal Revenue Service

Little River Band of Ottawa Indians

New York Attorney General's Office

Permanent Court of Arbitration

Sault Ste. Marie Tribe of Chippewa Indians

Tennessee Valley Authority

U.S. Attorney's Office for the Eastern District of Missouri

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of New York

U.S. Bankruptcy Court for the Eastern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court