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Environmental
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February 19, 2025
Suit Targets USFS Approval For Stibnite Gold Project
Conservation groups asked an Idaho federal judge Tuesday to block a U.S. Forest Service approval for the Stibnite Gold Project on the Boise and Payette national forests, alleging that the agency failed to consider the project's impacts and ways to minimize harms.
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
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February 19, 2025
Insurer Must Cover Trucking Co. In Fatal Fire Row, Judge Says
A trucking company's insurer cannot rely on a hydrofracking exclusion to avoid covering an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, a Texas federal court ruled, rejecting the insurer's request for a new trial.
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February 19, 2025
Jenner & Block Lands Former EPA Senior Counsel In DC Shop
Jenner & Block LLP announced Tuesday it has hired a former senior counsel from the U.S. Environmental Protection Agency as a partner in Washington, D.C.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Limited FERC Pipeline Review Makes No Sense, DC Circ. Told
The Federal Energy Regulatory Commission had no evidence to support its finding that the pipeline it chose to review only a 1,000-foot section of would transport only Texas-produced gas, the environmentalists trying to force a review of the full pipeline project told the D.C. Circuit.
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February 18, 2025
County Opposes Wash. Tribe's Bid To Weigh In On River Fight
A county dike district has opposed a Washington state-based tribe's bid to file a friend of the court brief in the district's suit against a U.S. government biological opinion finding that a proposed tide-gate project endangers salmon, arguing that the tribe doesn't provide a unique perspective.
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February 18, 2025
EPA Gives Congress A Chance To Sink Calif. Auto Waivers
The U.S. Environmental Protection Agency has offered Congress a chance to revoke Biden-era authorizations that allow California to issue its own vehicle emissions standards, something the Golden State said hasn't been done before and has unclear chances of success.
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February 18, 2025
Exxon, Koch Lose Bid To End Minn. Climate Change Suit
A Minnesota state judge on Friday largely preserved the state's lawsuit alleging Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels, rejecting arguments that the case was a matter of federal, not state, law.
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February 18, 2025
Lawmakers Say FEMA Must Accept Tribal Fire Declarations
A pair of U.S. senators have reintroduced legislation that would require the Federal Emergency Management Agency to accept requests from tribal governments to receive Fire Management Assistant Grant declarations that would make them eligible for U.S. government resources.
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February 18, 2025
Torrent Of Eaton Fire Suits Call For Organization, Judge Says
A Los Angeles judge said Tuesday that discovery into the cause of last month's devastating Eaton Fire should wait until dozens of related suits against Southern California Edison have been organized and can "proceed efficiently and fairly."
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February 18, 2025
Telecoms Hope New Ag Secretary Pushes Permit Reform
Builders of cable systems and cell towers called for the new secretary of the U.S. Department of Agriculture to help remove what they perceive as unnecessary hurdles to broadband deployment projects.
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February 18, 2025
Houston Energy Co. Settles Claims Over Utah Plant Turbines
Houston clean energy company Fervo Energy Co. has settled its claims with a geothermal equipment supplier it accused of threatening to file a patent infringement lawsuit if it didn't win a bid to supply turbines for Fervo's Utah power plant.
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February 18, 2025
Ancora Says US Steel CEO May Have Made Insider Trades
Ancora Holdings Group LLC is claiming that U.S. Steel CEO David Burritt "may have engaged in insider trading" tied to the company's proposed $14.9 billion merger with Japan's Nippon Steel, and the investor said it could bring related litigation, according to documents released Tuesday.
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February 18, 2025
State AGs Can't Yet Block Musk From Accessing Agency Data
A Washington, D.C., federal judge on Tuesday denied a motion from 14 state attorneys general for an emergency order to stop Elon Musk and his Department of Government Efficiency from accessing data systems at seven federal agencies or enacting mass firings of those agencies' employees.
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February 18, 2025
Calif. Insurance Chief Asks State Farm To Justify Rate Hikes
California's insurance commissioner asked State Farm General Insurance Co. to appear for an in-person "informal conference" later this month over its request for emergency rate hikes in the wake of the deadly Los Angeles wildfires in January, saying the insurer has not yet justified the move.
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February 18, 2025
Diamondback Buys Midland Assets For $3B Cash Plus Stock
Kirkland & Ellis LLP-advised oil and natural gas company Diamondback Energy Inc. on Tuesday announced plans to buy Midland Basin assets from Vinson & Elkins LLP-led Double Eagle IV Midco LLC. in a cash-and-stock deal that includes a $3 billion cash payment.
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February 14, 2025
Loper Bright Doesn't Sink ESG Rule, Texas Judge Says
A Texas federal judge again upheld a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, ruling that the rule was still valid despite the U.S. Supreme Court doing away with a decades-long approach to interpreting statutes.
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February 14, 2025
Feds Seek Stay Of States' Methane Suit, Citing Trump Order
The federal government has requested a pause on North Dakota and other states' challenge to a Bureau of Land Management methane waste rule, saying a stay is appropriate because the rule is under review following President Donald Trump's "Unleashing American Energy" executive order.
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February 14, 2025
States Move To Block Musk From Taking Over Gov't Agencies
Fourteen state attorneys general Friday sought an emergency order in D.C. federal court to stop Elon Musk and his U.S. DOGE Service Temporary Organization from exercising "unprecedented" authority over federal agencies, arguing that as an unelected, unconfirmed official, Musk has "taken the helm" of the federal government in violation of the U.S. Constitution.
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February 14, 2025
Demise Of Humphrey's Executor Could Sow Chaos At FERC
The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.
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February 14, 2025
Murkowski Urges Senate To Shield Tribes From Trump Orders
Republican Sen. Lisa Murkowski of Alaska, chair of the U.S. Senate Committee on Indian Affairs, has urged lawmakers to join her in responding to possible negative effects of President Donald Trump's executive orders on federal funding that Indigenous tribes receive.
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February 14, 2025
9th Circ. Judge Pauses At Forest Service's Project Revision
The U.S. Forest Service pushed back on Friday against a Ninth Circuit judge's point that a restoration project being challenged by a conservation group evolved "quite a bit" after a fire ripped through the area, contending the final plan ultimately prescribed the same changes — just to fewer acres.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
Old Permits Irrelevant To Pollution Controls, Texas Justices Say
The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.