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Environmental
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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.
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April 09, 2025
Buchalter Adds Gordon Rees Environmental Litigator In SoCal
Buchalter PC is expanding its litigation team, bringing in a longtime Gordon Rees Scully Mansukhani LLP environmental expert as a shareholder in its San Diego office.
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April 09, 2025
Ancora Drops US Steel Pursuit After Trump Flags Nippon Deal
Ancora Holdings Group said Wednesday it is withdrawing its slate of director candidates for U.S. Steel's upcoming annual meeting, citing "apparent momentum" for the $14.9 billion acquisition by Japan's Nippon Steel after President Donald Trump announced a fresh national security review of the deal Monday.
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April 09, 2025
Trump EPA, FWS Nominees Clear Senate Committee Vote
Three of President Donald Trump's nominees for top positions at the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service on Wednesday cleared a Senate committee confirmation vote, clearing the path for a vote by the full body.
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April 08, 2025
US Seeks To Toss Utah Tribe's Water Claims Against Farm
The United States has weighed in on a tribe's dispute against a farm over water use and land rights in Utah federal court, arguing that U.S. officials have approved the water transfer agreements at issue as well as more than 200 others like them.
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April 08, 2025
NY High Court Probes If State Emissions Cap Preempts City's
New York's highest court questioned Tuesday why the state Legislature did not explicitly state that it meant for a 2019 climate law to preempt a law regulating greenhouse gas emissions that New York City passed earlier that year, amid property owners' challenge to the city law.
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April 08, 2025
Feds Sue Wash. Company Over Barge's $1M Oil Spill Cleanup
The U.S. Department of Justice and the U.S. Coast Guard have sued a Washington state barge owner for allegedly violating federal laws related to an oil spill that the government said cost more than $1 million in salvage and remediation costs.
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April 08, 2025
Trump Wants To Use Firms That Cut Deals For Coal Leases
President Donald Trump said Tuesday that he wants to help coal companies with their leasing matters by proffering the services of BigLaw firms that signed agreements to avoid getting shut out of government work.
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April 08, 2025
Calif. Opposes Bid To Freeze State Corporate Climate Regs
California is opposing a move by the U.S. Chamber of Commerce and other business groups to stop a pair of regulations on corporate climate reporting from going into effect, telling a federal judge that the state is allowed to protect shareholders from potentially deceptive or misleading commercial speech.
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April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court
3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
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April 08, 2025
Machinery Co. Says Insurer Owes $12M For Fire Losses
An insurer owes a machinery company and its owner more than $12 million following a fire that destroyed construction materials, the pair alleged in a complaint removed to Oklahoma federal court, arguing negligence by the insurer and a broker ultimately led the company to bankruptcy.
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April 08, 2025
Morrison Foerster-Led Infineon Paying $2.5B For Auto Tech Biz
Morrison Foerster LLP is guiding Infineon Technologies AG on an agreement to purchase Marvell Technology's automotive Ethernet business for $2.5 billion, in a deal that will expand the German company's own automobile technology business.
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April 08, 2025
Design Co. Denied Exit From Hurricane Subrogation Suit
A design contractor facing a $4 million subrogation action over hurricane damage to commercial HVAC units at an Amazon sorting facility can't rely on notice requirements in Florida's construction defect law, Chapter 558, to argue the plaintiff insurers are statutorily barred from seeking reimbursement, a Florida federal court ruled.
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April 08, 2025
Plastics Group Loses Challenge To Calif.'s Pollution Subpoena
A D.C. federal judge won't stop the California attorney general from enforcing a subpoena on a plastics industry group as part of an investigation into global plastics pollution, finalizing an earlier determination that his court lacks jurisdiction.
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April 08, 2025
Sidley-Led Excelsior Wraps 2nd Energy Fund With $1B In Tow
Sidley Austin LLP-advised Excelsior Energy Capital on Tuesday announced it had clinched its second energy investment fund after securing just over $1 billion from investors.
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April 08, 2025
White & Case Gets In On Trade Hiring With Ex-Treasury Atty
White & Case LLP has hired a former Treasury Department official in Washington, D.C., who focuses her practice on foreign direct investment matters, at a time when the nation is transfixed by international trade issues and BigLaw firms are beefing up their trade practices.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 07, 2025
9th Circ. Partially Reverses LA Port Co.'s Coverage Suit
The Ninth Circuit on Monday held that United National Insurance Company was obligated to defend a Los Angeles Port operator against pollution claims brought by the city, but said a district judge deprived the insurer of a jury trial on the operator's claimed defense costs due to the breach of contract.
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April 07, 2025
Homeland Secretary Waives Fed Laws For Calif. Border Wall
Homeland Security Secretary Kristi Noem has issued a federal notice that she is waiving a slew of environmental and historical preservation laws to facilitate the construction of a barrier wall and roads in the San Diego area, citing illegal border crossings and drug trafficking.
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April 07, 2025
No Basis To Revive Leasing Withdrawals Ruling, Trump Says
The Trump administration urged an Alaska federal judge not to reinstate a decision barring it from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, while it fights to revoke additional Biden administration removals.
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April 07, 2025
FAA, SpaceX Failed Adequate Review For Starship, Groups Say
Conservation groups told a federal court Friday that there is "clear record evidence" that the Federal Aviation Administration and SpaceX failed to complete an adequate environmental review for SpaceX's Starship rocket launch program in Texas.
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April 07, 2025
WHO Cancer Report May Spark Gasoline Toxic Torts
A recent report from the World Health Organization linking automobile gasoline to cancer could spawn toxic tort lawsuits similar to the costly, and sometimes losing, battles that energy companies have had to fight over exposure to gasoline components and additives.
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April 07, 2025
Trump Reopens Security Review Of US Steel-Nippon Deal
President Donald Trump on Monday ordered a fresh national security review of Nippon Steel's proposed $14.9 billion takeover of U.S. Steel, reviving a deal blocked by his predecessor and giving the companies some of the relief they sought in court.
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April 07, 2025
Michigan AG Plans To Sue PCB Makers, Issues Call To Firms
Michigan Attorney General Dana Nessel said she was looking to hire outside firms to pursue litigation against manufacturers of polychlorinated biphenyls on behalf of her office.
Expert Analysis
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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.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.