Analysis

Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock

By Keith Goldberg

Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.

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Tribe Scores Early Win Against Michigan Fruit Processor

By Joyce Hanson

A Michigan federal judge has ruled that a fruit-processing company illegally discharged millions of gallons of untreated wastewater into wetlands that feed Michigan's Grand Traverse Bay, granting an early win to a Native American tribe and two local environmental nonprofit groups.

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Presidential Firing Limits Needed At FERC, Justices Told

By Keith Goldberg

Former Federal Energy Regulatory Commission members on Thursday told the U.S. Supreme Court that overturning limits on the president's authority to fire certain agency officials could undermine FERC's independent oversight of the electricity and gas industries and harm companies and consumers.

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Ga. Gov. Elevates Atty To Lead State Enviro Finance Agency

By Emily Johnson

Georgia Gov. Brian Kemp on Thursday appointed the general counsel and grants division director from the governor's Office of Planning and Budget to serve on the state Environmental Finance Authority as its executive director.

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Latin American Trade Deals With US Include Zero Tariff Rates

By Dylan Moroses

Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.

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Fuel Excise Tax Is Most Used Carbon Measure, OECD Says

By Natalie Olivo

Fuel excise taxes are the most common measure aimed at curbing greenhouse gas emissions, according to a report released Thursday by the Organization for Economic Cooperation and Development, which noted that these provisions covered 24% of 79 countries' emissions in 2023.

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EV Makers Tell 1st Circ. Fuel Economy Rule Freeze Unlawful

By Linda Chiem

A coalition of electric vehicle manufacturers and suppliers told the First Circuit that the Trump administration has created a regulatory vacuum by refusing to enforce existing vehicle fuel economy standards, jeopardizing more than $100 million in compliance credits that are essential to the EV industry.

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Chemours Urges 4th Circ. To Lift River Pollution Injunction

By Juan-Carlos Rodriguez

The Chemours Co. FC LLC on Wednesday asked the Fourth Circuit to strike down an injunction blocking the company from continuing to discharge forever chemicals into the Ohio River.

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Seaport Developer, Mass. Spar Over $15M Brownfields Credit

By Julie Manganis

The developer of the Echelon Seaport luxury residential complex in Boston's Seaport District and the Massachusetts Department of Revenue have each made their case for a pretrial win in a long-running dispute over a tax credit for an environmental cleanup.

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Revisiting Jury Trial Right May Upend State Regulatory Power

Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.

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Series

Building With Lego Makes Me A Better Lawyer

Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

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Coalition Rips Trump Deputy AG's Claim Of 'War' With Judges

By Rose Krebs

A group of former federal judges on Thursday condemned what they called "inflammatory remarks" last week by Deputy U.S. Attorney General Todd Blanche detailing the U.S. Department of Justice's "war" with "rogue activist" judges.

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Interview

Ex-Judge Worries Top Court Will Be 'Timid' In Checking Trump

By Chris Villani

A Massachusetts federal judge who recently resigned to more openly speak out against the Trump administration told Law360 on Thursday he is concerned the U.S. Supreme Court will be unwilling to provide a constitutional check on presidential overreach.

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Anthropic Judge Rips Opt-Out Law Firm As 'Quick Buck' Ploy

By Bonnie Eslinger

A California federal judge on Thursday blasted Arizona law firm ClaimsHero Holdings LLC for encouraging authors to opt out of Anthropic PBC's $1.5 billion deal to end copyright infringement claims, saying it looks like the firm is "trying to trick people" for a "quick buck."

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Fired Immigration Judges Share Concerns As Cases Pile Up

By Courtney Bublé

Fired immigration judges spoke on Thursday about their "crushing" backlog of cases, a buildup exacerbated by the Trump administration's elimination of their colleagues' positions.

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Judge Halts Jackson Walker Secret Romance Settlements

By Adrian Cruz

A Texas federal judge has paused a number of settlements between Jackson Walker LLP and former clients, criticizing the firm for trying to undermine the U.S. Trustee's investigation into alleged malpractice stemming from a secret romance between a former partner and a bankruptcy judge.

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Judge Casts Doubt On Legitimacy Of Halligan's Appointment

By Jared Foretek

A federal judge in Virginia said Thursday that Attorney General Pam Bondi couldn't have reviewed the full transcript of the grand jury proceedings that netted an indictment of James Comey before ratifying the charges against the former FBI director because the U.S. Department of Justice didn't have them at the time.

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Jenner & Block Resolves $8M Fee Fight With Sierra Leone

By Gina Kim

Jenner & Block LLP and its former client Sierra Leone have resolved their fight over unpaid legal fees and allegedly fraudulent overbilling in the nation's underlying dispute with its iron ore mining concessionaire Gerald International Ltd., according to a minute order issued Thursday in D.C. federal court.

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Analysis

As Backlogged SEC Reopens, Attys Jostle To 'Get In Line'

By Jessica Corso

Thousands of U.S. Securities and Exchange Commission employees who were sent home last month finally returned to their offices Thursday, and experts say it will likely take at least a month for them to catch up with a backlog of casework and submissions for initial public offerings.

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Rumble Cites Judge's Longtime Friendship With Google VP

By Bryan Koenig

Rumble asked a California federal judge to consider recusal should the Ninth Circuit revive its antitrust lawsuit against Google, citing a yearslong friendship with Google's top in-house litigation chief that involved the judge officiating at her wedding and their ongoing participation in a fantasy football league.

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Pipe Maker Names 2nd Firm In Asbestos RICO Suit

By Emily Field

A Los Angeles pipe manufacturer has added Massachusetts-based Sokolove Law to its civil racketeering lawsuit in Illinois federal court accusing Simmons Hanly Conroy LLP and others of orchestrating a scheme to fill the law firms' coffers by bringing baseless asbestos claims, alleging the Sokolove firm acted to find the cases.

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NY Gov't Ethics Watchdog Called To Testify Against AG James

By Andrea Keckley

The federal government subpoenaed the New York State Commission on Ethics and Lobbying in Government on Wednesday to testify in its case against New York Attorney General Letitia A. James.

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Judge Denies NJ Lawmaker's Bid To Toss ICE Facility Charges

By Parker Quinlan

A New Jersey federal judge on Thursday refused to toss the criminal indictment filed against U.S. Rep. LaMonica McIver, D-N.J., following a confrontation with federal agents at an Immigration and Customs Enforcement facility in Newark.

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SEC's Northeast Deputy Enforcement Head To Depart Agency

By Sarah Jarvis

The U.S. Securities and Exchange Commission announced Thursday that the deputy director of the enforcement division for the Northeast will leave the agency, following stints as the regional director of the New York office and acting deputy director of the enforcement division.

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Minn. Chief Federal Judge To Take Semi-Retired Status In July

By Courtney Bublé

Chief Judge Patrick Schiltz of the District of Minnesota will take semi-retired status next summer, according to an update on Thursday from the federal judiciary.

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Del. US Atty Tapped For Acting Role After Interim Term Expires

By Jake Maher

Delaware's former interim U.S. attorney has been appointed acting U.S. attorney after the district court declined to keep her as the top federal prosecutor in the First State when her term expired.

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