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Environmental

  • August 05, 2025

    NY Loses Bid To Move Climate Superfund Suit Upstate

    The federal government's lawsuit challenging New York's climate change Superfund law will proceed in the New York City court where it was filed, rather than in a judicial district closer to the state capitol as the state had requested, a judge said.

  • August 05, 2025

    Brookfield Nabs $6B Minority Stake In Duke Energy Florida

    Skadden Arps Slate Meagher & Flom LLP-advised Duke Energy on Tuesday unveiled plans for infrastructure investor Brookfield, advised by Kirkland & Ellis LLP, to take an indirect minority equity stake in its electric company Duke Energy Florida in a $6 billion all-cash deal.

  • August 04, 2025

    California Egg Farmers Join Defense Of Animal Welfare Laws

    The Association of California Egg Farmers and several animal rights groups seek to join the Golden State's defense of animal welfare laws being challenged by the federal government.

  • August 04, 2025

    Enbridge Asks Judge To Block Mich. Pipeline Shutdown Order

    Energy infrastructure firm Enbridge has told a federal court that Michigan's efforts to shut down a U.S.-Canada pipeline are preempted by federal law, while the state urged the court to drop or stay the case because of a parallel state court action that is teed up for U.S. Supreme Court review. 

  • August 04, 2025

    Utah Tribe Loses Bid To Challenge $16M Ovintiv Settlement

    A Utah tribe can't intervene to challenge a $16 million Clean Air Act consent decree between the U.S. government and Ovintiv USA Inc., a federal judge has said, arguing that it failed to show how the agreement would cause direct economic harm or sovereign injury.

  • August 04, 2025

    Oil Co., Tokio Marine Unit Settle $24M Bond Dispute

    A Tokio Marine unit, an oil and gas company and a property owner have settled a $24 million dispute over outstanding reclamation bonds guaranteeing the proper environmental remediation of oil and gas properties, according to an order dismissing the case filed in Texas federal court.

  • August 04, 2025

    Chemical Group Says Fluoride Judge Got It Wrong

    The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.

  • August 04, 2025

    Fla. Tribe Joins Suit Over 'Alligator Alcatraz' In Everglades

    A Florida tribe has joined green groups in hitting Homeland Security Secretary Kristi Noem and state officials with environmental claims that the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades violates a slew of federal statutes.

  • August 04, 2025

    7th Circ. Won't Put Chicago Climate Change Suit On Hold

    The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

  • August 01, 2025

    States Can't Block Trump Admin's Cuts To Science Grants

    A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.

  • August 01, 2025

    DC Circ. Upholds FERC's Limited Review Of Texas Pipeline

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.

  • August 01, 2025

    Texas Judge Says States Can Pursue BlackRock Coal Suit

    A Texas federal judge Friday gave Texas and other states the go-ahead to pursue claims that BlackRock Inc. and other asset managers used market muscle to decrease coal production, saying the states plausibly showed that the asset managers breached antitrust laws.

  • August 01, 2025

    Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight

    An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.

  • August 01, 2025

    2 SPAC Deals Will Take Uranium Miner, Italian E-Grocer Public

    Two newly unveiled mergers involving special purpose acquisition companies will aim to take a nuclear energy company and an Italian e-grocery operation public on U.S. exchanges at a combined value of nearly $500 million.

  • August 01, 2025

    Most Of Property Co.'s Hailstorm Insurance Fight Tossed

    A property investment company can raise nearly none of its claims against its insurer for hailstorm damage from 2019 and 2023, a North Carolina federal court ruled, finding that because claims concerning the 2019 storm are time-barred, those corresponding documents can't support much of the 2023 claims.

  • August 01, 2025

    EPA Beats Coolant Cos.' Challenge To HFC Regs

    The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.

  • August 01, 2025

    NC Legislation Highlights Of The 1st Half Of 2025

    The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.

  • August 01, 2025

    Taxation With Representation: Skadden, Wachtell, Latham

    In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.

  • July 31, 2025

    CSX Settles Derailment Suit With NC Mine On Eve Of Trial

    CSX Transportation Inc. has agreed to settle its multimillion-dollar lawsuit against a North Carolina sand and gravel mine over a 2018 derailment during Hurricane Florence that destroyed its locomotives, ending the litigation just one week before trial was set to begin.

  • July 31, 2025

    11th Circ. Says 'Urban Cowboy' Can Amend Taken Horses Suit

    A divided Eleventh Circuit on Thursday granted a Georgia man whose horses were seized by Atlanta-area authorities a fresh shot at amending a lawsuit over the seizure, with the majority saying the lower court wrongly found that amending the suit was futile under the Fifth Amendment's takings clause.

  • July 31, 2025

    'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict

    A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.

  • July 31, 2025

    Tribe Can Join Fight Against 'Alligator Alcatraz,' Judge Says

    A Florida federal judge has allowed the Miccosukee Tribe of Indians of Florida to intervene in a lawsuit filed by green groups against the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades after the tribe argued the facility poses a direct threat to its livelihood.

  • July 31, 2025

    State Regulators Push FERC To Nix $22B Grid Projects Plan

    Several state utility regulators have urged the Federal Energy Regulatory Commission to reject a regional grid operator's $21.8 billion transmission development plan, saying the plan's benefits are overstated and wrongly forces them to subsidize the clean energy goals of other states.

  • July 31, 2025

    Eco Oro Wants Colombia Mining Damages Claim Revived

    Armed with new counsel, Eco Oro Minerals Corp. said Thursday it will look to revive its damages claim against Colombia after an international tribunal found that the country had breached an underlying treaty by blocking the Canadian precious metals company's mining project to protect surrounding wetlands.

Expert Analysis

  • Clean Energy Tax Changes Cut Timelines, Add Red Tape

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    With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Trump Air Emissions Carveouts Cloud The Regulatory Picture

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    President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.

  • How Property Insurers Serve As Climate Change Harbingers

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    Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals

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    The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • A Look At Trump 2.0 Antitrust Enforcement So Far

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    The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • Tips For Cos. From California Climate Reporting FAQ

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    New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.

  • What Calif. Insurance Ruling Means For Smoke Damage Limits

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    As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

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