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Environmental
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January 28, 2025
Cravath, Ropes & Gray Guide $2.4B Connecticut Water Deal
Ropes & Gray LLP and Cravath Swaine & Moore LLP are leading a $2.4 billion deal that will see public energy company Eversource Energy sell subsidiary Aquarion Water Co., a public water supply and wastewater treatment company, to a unit of the state of Connecticut.
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January 28, 2025
Environmental Group Of The Year: Baron & Budd
Baron & Budd PC's attorneys over the past year secured billions of dollars from some of the world's biggest chemical companies to help reduce U.S. residents' exposure to toxic forever chemicals, work that took years to complete and that earned the firm a spot as one of the 2024 Law360 Environmental Groups of the Year.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
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January 28, 2025
Calif. Bill Targets Oil Cos. For Climate Disaster Costs
A Democratic lawmaker in California has introduced a bill aimed at improving insurance affordability in the state by allowing insurers and victims of natural disasters to pursue action against oil and gas companies for their role in fueling the climate crisis.
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January 28, 2025
NY Battery Startup Hits Ch. 11 With $136M Debt, Sale Plans
Electric vehicle and renewable energy storage lithium-ion battery maker iM3NY filed for bankruptcy protection in Delaware, reporting around $136 million in debt after it wasn't able to drum up new funding for a battery production plant in New York.
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January 27, 2025
Anadarko Prevails In La. Kickback Defense Coverage Suit
An environmental remediation company should defend and indemnify Anadarko Petroleum Corp. in a decade-old Louisiana kickback lawsuit, a Texas federal court judge has ruled.
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January 27, 2025
SoCal Edison To Leave Power Off Amid Eaton Fire Litigation
Southern California Edison agreed Monday that it won't re-energize the power lines leading to the site of this month's deadly Eaton Fire for three more weeks, after plaintiffs' firm Edelson PC obtained a video that appears to show electrical sparks near the utility's equipment just before the fire began.
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January 27, 2025
Alaskan Co. Says Texas Firm Bungled Wash. Dam Scaffolding
An Alaska Native-owned corporation is claiming a Texas firm supplied faulty underwater scaffolding designs that allegedly caused a structural collapse at a Pacific Northwest dam, exposing one of the corporation's subsidiaries to a demand of more than $1.4 million from the project's lead contractor.
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January 27, 2025
Enbridge Urges Line 5 Judge To Stall For Trump Admin Talks
Enbridge Energy LP suggested Monday that a judge should "sit tight" rather than immediately rule on the merits of Michigan's lawsuit over its Line 5 pipeline to give the new U.S. presidential administration time to reach a resolution with Canada in the long-running dispute.
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January 27, 2025
Buddhist Group Wants Army Corps Everglades Plan Blocked
A Buddhist community asked a Florida federal court to block construction on an Everglades restoration water retention project, arguing its concerns that the project will make its adjacent religious retreat center unusable have fallen on deaf ears at the U.S. Army Corps of Engineers.
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January 27, 2025
Drone Co., Media Biz And Tire-Maker Announce SPAC Mergers
Three overseas companies spanning industries from drones to fashion media and tire manufacturing announced plans on Monday to go public in the U.S. by merging with special purpose acquisition companies in deals projected to exceed $1.1 billion in value, guided by at least eight law firms.
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January 27, 2025
Fed Fisheries Seek Win In Tide Gate Fight Over Salmon
The National Marine Fisheries Service has sought an early win in a suit by a county dike district challenging a U.S. government biological opinion that says a proposed tide gate project endangers salmon, telling a Washington federal judge that its ecological findings are reasonable.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Holland & Hart Names New Senior Director Of Federal Affairs
Holland & Hart LLP said Monday that it is bolstering its federal affairs team with the addition of a lobbyist who previously led the energy and environment practice at Cassidy & Associates.
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January 27, 2025
Arnold & Porter Adds Former Interior Dept. Energy Solicitor
Arnold & Porter Kaye Scholer LLP has hired the former deputy solicitor for energy and mineral resources at the U.S. Department of the Interior, who is joining the firm's D.C. team as a counsel, the firm announced Monday.
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January 27, 2025
Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid
Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.
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January 27, 2025
High Court Passes On Solar Project Fine Levied Without Jury
The U.S. Supreme Court on Monday declined to review the Vermont Supreme Court's ruling that the state Public Utility Commission has the authority to bypass a jury trial and unilaterally impose civil penalties on solar energy project backers that allegedly cleared land without a permit.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Trump Admin Requests Justices Pause Three Energy Cases
The Trump administration on Friday asked the U.S. Supreme Court to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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January 24, 2025
Ga. Judge Gives Tentative OK To $1M PFAS Deal
A federal judge gave preliminary approval to a $1 million settlement in a sprawling class action over forever chemicals allegedly released from a north Georgia textile plant, potentially ending the involvement of one of the half-dozen chemical companies in the suit.
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January 24, 2025
Trump Fires Inspectors General Without Notice
President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.
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January 24, 2025
Enviros Want To Reopen Yellowstone Bison Suit
An environmental group has asked a Montana federal court to reopen a case over the management of Native American tribes' bison hunting on public land near Yellowstone National Park, saying new analysis is needed to determine whether the United States' national mammal can now roam free.
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January 24, 2025
Trump Energy Order Disrupts High-Profile NEPA Cases
One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.
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January 24, 2025
Law Students Scramble As Federal Gov't Yanks Job Offers
Law students across the country are scrambling to figure out their next steps after a range of federal agencies yanked job and internship offers this week because of the new hiring freeze imposed by the Trump administration.
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January 24, 2025
US Steel Will Pay $6.1M To End Suit Over Pa. Plant's Dust
U.S. Steel will invest $4.6 million in efforts to reduce dust pollution from its Edgar Thomson Works in Braddock, Pennsylvania, and will pay another $1.5 million to be split among residents of six neighboring communities, under a class action settlement that a state judge gave his preliminary approval.
Expert Analysis
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Opinion
Supreme Court Must Halt For-Profit Climate Tort Proliferation
If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Integrating ESG Into Risk Management Programs
Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.
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How Labeling And Testing May Help Reduce PFAS Litigation
As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.