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Environmental
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August 08, 2025
FERC's Policy Work Was A Mixed Bag For Departing Chair
Outgoing Federal Energy Regulatory Commission Chairman Mark Christie touted the agency's work to encourage gas infrastructure development during his tenure, but lamented its failure to advance electricity policies aimed at lowering transmission costs and ensuring there's enough power supplying the nation's grid.
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August 08, 2025
Ark. Farmers Say Okla. Pollution Plan Violates State Sovereignty
The Arkansas Farm Bureau Federation and two cattle ranchers are urging a federal court in Oklahoma to reject the state's $103 million solution to end a long-running legal fight against poultry producers, including Tysons Foods Inc., for polluting the Illinois River Watershed, saying Oklahoma's proposed limits on fertilizer derived from chicken poop would violate Arkansas' sovereignty.
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Exxon, Suncor Urge Justices To Halt Colo. Climate Suit
Exxon Mobil Corp. and Suncor Energy Inc. on Friday urged the U.S. Supreme Court to review the Colorado Supreme Court's decision allowing the city and county of Boulder's climate change tort against the companies to proceed in state court, arguing that the localities' claims are preempted by federal law.
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August 08, 2025
Calif. Justices Rip Deference To Regulator's Solar Ruling
The Golden State's highest court unanimously struck down a lower court ruling that the justices said gave too much deference to the California Public Utilities Commission in a dispute over rooftop solar rates, saying when reviewing decisions of the state's utilities regulator, courts "remain the final arbiters of statutory meaning."
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August 08, 2025
Judge Says Insurer Must Face $100M Biz Interruption Claim
A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.
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August 08, 2025
NJ Legislation Highlights From The 1st Half Of 2025
New Jersey legislation introduced or signed into law during the first half of 2025 addressed a long-standing judicial vacancy crisis, strengthened protections for utility customers and streamlined the asbestos remediation process for Jersey City's historic courthouse.
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August 08, 2025
Trade Group Sues Colorado Over Gas Stove Labeling Law
A home appliances trade association has told a Colorado federal judge that recently passed state legislation mandating that a health warning be placed on all gas stoves is unconstitutional.
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August 08, 2025
Trump EO Requires Appointee Oversight Of US Grantmaking
President Donald Trump has issued an executive order requiring that all funding opportunity announcements and grant awards be reviewed by his political appointees and allowing for grants to be terminated that fall outside the administration's priorities.Â
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August 08, 2025
EV Makers Challenge New Fuel Economy Rule In DC Circ.
An electric vehicle industry group is challenging the Trump administration's rollback of Biden-era fuel economy standards, claiming that the National Highway Traffic Safety Administration's freeze on compliance notifications is threatening the business models of American electric automakers.
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August 08, 2025
NY Says 1676 Order Can't Help Tribe In Eel Fishing Regs Row
The New York State Department of Environmental Conservation is fighting a Supreme Court bid by the Unkechaug Nation to undo a Second Circuit decision rejecting its challenge to the state's regulations on eel fishing harvests, arguing that a 1676 British colonial governor's order is not federal law.
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August 08, 2025
Trump Admin Invites Legal Fights With Clean Energy Moves
Recent Trump administration moves to saddle renewable energy projects with additional regulatory and permit burdens are likely to face court challenges from the industry even as developers are forced to think long and hard about the viability of their projects.
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August 08, 2025
NC AG Has Power To Pursue PFAS Pollution Suit, Judge Rules
Two DuPont spinoffs can't shirk a forever chemical contamination suit brought by the North Carolina Attorney General's Office, a state court judge has ruled, finding Attorney General Jeff Jackson does have the authority to pursue the case even after lawmakers curbed his powers.
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August 07, 2025
ConocoPhillips Agrees To $1.3B Sale Of Anadarko Assets
ConocoPhillips, with guidance from Haynes Boone, is selling its Anadarko Basin assets for $1.3 billion, with the sale expected to close at the beginning of the fourth quarter, the independent oil producer announced on Thursday.
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August 07, 2025
Judge Orders Chemours To Cut Discharges At W.Va. Plant
A West Virginia federal judge on Thursday ordered Chemours to take any steps needed to stop its Washington Works manufacturing plant from continuing to discharge excessive amounts of a harmful "forever chemical" into the Ohio River.
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August 07, 2025
Insurers Say Property Co.'s $7M Ida Claim Must Be Arbitrated
A lower court order forcing a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim against its domestic insurers should be reinstated, a group of carriers told the Fifth Circuit on Thursday, saying the New York Convention mandates the enforcement of the policy's arbitration provision.
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August 07, 2025
6th Circ. Halts FirstEnergy Production Of Bribery Probe Docs
The Sixth Circuit on Thursday prevented shareholders of FirstEnergy Corp. from immediately accessing investigative documents prepared by BigLaw firms in the wake of a $1 billion bribery scandal, ruling that the utility company was likely to succeed in its claims that the disclosures were protected by attorney-client privilege.
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August 07, 2025
Teamsters Say Airgas Released Hazardous Gas On Strikers
Members of a New Jersey-based Teamsters union have sued Airgas, alleging that the company released an unknown hazardous gas on them as they were peacefully picketing outside company facilities in New Jersey and Illinois, with both releases creating a "dense white cloud plume" that enveloped the striking workers.
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August 07, 2025
FCC Plans To Narrow Enviro Rules For Broadband Projects
The Federal Communications Commission on Thursday proposed to make it easier for broadband providers to clear FCC reviews required by the National Environmental Policy Act.
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August 07, 2025
SC Judge Tosses Charleston Climate Suit Against Energy Cos.
A South Carolina state judge has ruled that a city of Charleston lawsuit seeking damages from oil and gas companies for greenhouse gas pollution and climate change impacts is barred under the U.S. Constitution and federal Clean Air Act.
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August 07, 2025
NC Town Alleges Chem. Giants Hid PFAS Health Risks
A North Carolina town sued Arkema Inc., Dynax and other chemical manufacturers on Wednesday over the infiltration of toxic "forever chemicals" into its drinking water, alleging the companies knew for decades that the compounds were dangerous and willfully ignored it.
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August 07, 2025
5th Circ. Sends Refinery Biofuel Exemption Fight To DC Circ.
A Fifth Circuit panel on Thursday sent a string of small refinery cases challenging the U.S. Environmental Protection Agency's denial of renewable fuel blending requirement waivers over to the D.C. Circuit.
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August 07, 2025
Fla. Judge Pauses Everglades Detention Facility Construction
A Florida federal judge on Thursday issued a temporary restraining order in the lawsuit against the Everglades immigration detention center dubbed "Alligator Alcatraz," briefly halting the construction of additional tents and other infrastructure for two weeks while allowing facility operations to continue.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 06, 2025
Judge Blocks Mich. Landfill From Taking Radioactive Waste
A Michigan state judge on Wednesday blocked a Detroit-area landfill from accepting thousands of cubic yards of radioactive material stemming from the Manhattan Project, holding that it could be sent to a less-populated area and pose less risk.
Expert Analysis
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.