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Environmental
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April 11, 2025
Trump Grid Order Threatens To Roil Electricity Sector
President Donald Trump's directive to keep struggling power plants on the grid is an unusual use of the U.S. Department of Energy's authority to ensure power delivery during emergencies, and it could invite lawsuits while upending wholesale electricity markets.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
Camp Lejeune Plaintiffs Challenge Gov't Expert Site Visit
Veterans and family members suing the federal government over injuries from toxic drinking water at Camp Lejeune have urged a North Carolina federal judge to exclude information from an expert's February visit to the base, arguing it was made after a court deadline.
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April 11, 2025
Holland & Hart Adds 2 More Ariz. Perkins Coie Enviro Attys
Holland & Hart LLP is continuing to expand its environmental bench, announcing that it has welcomed two Perkins Coie lawyers to the Phoenix office it opened last month with two former Perkins Coie partners.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Taxation With Representation: Norton Rose, Ropes & Gray
In this week's Taxation With Representation, Capri Holdings sells Versace to Prada, Woodside Energy sells a liquefied natural gas terminal stake to Stonepeak, crypto infrastructure firm Ripple acquires prime brokerage platform Hidden Road, and Bain Capital takes a stake in Lincoln Financial.
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April 11, 2025
Apollo Plugs $400M Into Joint Venture With Solar Company
Private equity giant Apollo, led by Orrick Herrington & Sutcliffe LLP, on Friday announced plans to commit up to $400 million to a new joint venture partnership with commercial solar company Summit Ridge Energy LLC.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
Monsanto Can't Nix PCB Expert From 11th Seattle School Trial
A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.
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April 10, 2025
Puerto Rico Judge Says Atty Plagiarized Climate Complaint
Calling it a "cautionary tale for all members of the bar," a Puerto Rico federal judge has upbraided an attorney representing San Juan for plagiarizing the complaint and other briefs in the municipality's lawsuit alleging energy industrial giants misrepresented the climate dangers of fossil fuel products.
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April 10, 2025
Alaskan Tribes Sue Army Corps Over Gold Mining Project
The U.S. Army Corps of Engineers failed to adequately evaluate the effects of a suction dredge mining project for gold on a "pristine" Alaskan estuary, Native American tribes said in a lawsuit filed Thursday.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Conservation Groups Sue BLM To End Stagnant Oil Leases
Colorado conservation groups sued the U.S. Bureau of Land Management on Thursday over 22 oil and gas leases on some of the state's "most pristine public land," contending the agency failed to terminate leases despite failures by the leaseholders to pay rent or produce oil and gas.
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April 10, 2025
Groups Urge Protections For Native Monuments Amid Threats
The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.
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April 10, 2025
BLM Nominee Drops Out After Trump Criticism Surfaces
Oil and gas advocate Kathleen Sgamma is no longer in line to be the next head of the Bureau of Land Management, dropping out of the running on the morning of her Thursday confirmation hearing shortly after her past comments criticizing President Donald Trump were publicized.
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April 10, 2025
Alaska Asks DC Judge To Halt Tribe's Gaming Hall
The state of Alaska is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the state challenges federal authorization for the facility, arguing that intervention is needed to preserve "the status quo that has existed in Alaska for more than 30 years."
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April 10, 2025
Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid
The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.
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April 10, 2025
Cooley-Led Drone Operator Launches Plans For $75M IPO
Drone systems developer Airo Group Holdings Inc. launched plans Thursday for an estimated $75 million initial public offering amid choppy market conditions, represented by Cooley LLP and underwriters' counsel Latham & Watkins LLP.
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April 09, 2025
Trump Instructs Agencies To Quietly Repeal Regs If Possible
President Donald Trump on Wednesday directed federal agencies to prioritize repealing regulations that don't comply with a list of recent U.S. Supreme Court decisions regarding, among other things, the environment, administrative courts and affirmative action, instructing them to do so without public notice and comment if possible.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Trump Climate Law Order Could Imperil Funds, Boost Industry
President Donald Trump's goal to eliminate some state climate change policies could drag the U.S. Department of Justice into time-consuming litigation, which may prompt the administration to pursue alternatives such as blocking federal funding or backing new legislation to protect the fossil fuel industry.
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April 09, 2025
Trump Orders Agencies To Identify Anticompetitive Rules
President Donald Trump signed an executive order Wednesday requiring federal agency heads to identify regulations that create anticompetitive barriers with recommendations for what to do about them, following the U.S. Department of Justice's recent announcement of its own similar initiative.
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April 09, 2025
Kansas Says Local Gov'ts Usurping State Powers In Shale Case
Kansas pushed to join multidistrict litigation accusing U.S. shale oil producers of conspiring with OPEC to inflate oil and fuel prices, arguing that local governments don't have the authority to pursue the class claims they've asserted against the companies.
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April 09, 2025
EPA Asks DC Circ. To Extend Time In PFAS Case
The U.S. Environmental Protection Agency has asked the D.C. Circuit for a temporary suspension in a case brought by water utility associations and chemical industry players over new rules about limits on forever chemicals in the nation's drinking water, given the new administration.
Expert Analysis
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.