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Environmental
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
Wireless Industry Asks FCC To Loosen NEPA Rules
A major wireless trade association is urging the Federal Communications Commission to drop National Environmental Policy Act requirements on certain wireless infrastructure deployments, saying that the "burdensome" "red tape" is hindering future wireless expansion, rather than facilitating it.
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April 01, 2025
Ga., Army Corps Beat Ala. Challenge To Water Use Plan
A D.C. federal judge ruled that the U.S. Army Corps of Engineers did not need congressional approval to increase Georgia's water allocations from a metro Atlanta lake, handing a win to the Army Corps and the Peach State in a decadelong fight with the state of Alabama.
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April 01, 2025
Green Groups Sue NY To Spur Climate Regulations
A coalition of environmental groups have asked a New York judge to order the state to issue overdue regulations needed to meet its ambitious greenhouse gas reduction targets.
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April 01, 2025
Atlanta Settles Enviro Group's Suit Over 'Cop City' Site
The city of Atlanta has agreed to settle an environmental group's legal challenge to the construction of its controversial police training center complex, reaching a deal Monday that includes $70,000 in attorney fees for the group and future water quality monitoring.
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April 01, 2025
EPA, Citibank Fight States' Bid To Restart Grant Funding
The U.S. Environmental Protection Agency and Citibank on Monday said four state infrastructure financing entities that accuse them of illegally withholding federal grant funding have no grounds to support an effort to get the money flowing again.
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April 01, 2025
House Sends Disaster Tax Relief, Other Tax Bills To Senate
The U.S. House wrapped up two days of work on bipartisan tax relief measures Tuesday, clearing the last of six bills to allow taxpayers affected by natural disasters to qualify for extended deadlines for refund claims and collection notices.
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April 01, 2025
Judges Say Hurricanes May Justify FERC Pipeline Inaction
Judges on the D.C. Circuit told environmental groups challenging the construction of a liquefied natural gas pipeline and terminal in Puerto Rico Tuesday that the project was likely necessary to keep the island powered through hurricane season even without a full authorization from the Federal Energy Regulatory Commission.
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April 01, 2025
King & Spalding Hires Mayer Brown PFAS Expert In NY
King & Spalding LLP is expanding its mass torts team, bringing in a Mayer Brown LLP product liability and "forever chemicals" specialist as a partner in its New York office.
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April 01, 2025
Oil & Gas Dealmakers Undaunted Despite Industry Worries
The pace of overall mergers and acquisitions in the U.S. market has slowed this year amid uncertainty over tariffs and export policy, but dealmaking in the oil and gas industry is remaining steady thanks to increasing gas demand and relatively stable oil prices.
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April 01, 2025
Co. Suggests Chemical For IRS' Taxable Substances List
The Internal Revenue Service is seeking comments on a proposal by TPC Group Inc. to add a chemical to the Internal Revenue Code's list of taxable substances, the agency said Tuesday.
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March 31, 2025
DuPont Must Face NC Residents' PFAS Claims
A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.
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March 31, 2025
Ex-Blood Bank Atty Goes Back To Ballard Spahr In Phoenix
Ballard Spahr LLP has picked up a former in-house intellectual property lawyer from nonprofit blood bank Vitalant who had worked at the law firm a little over a decade ago.
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March 31, 2025
Federal Worker Union Challenges Trump Order Gutting CBAs
The National Treasury Employees Union sued on Monday to block portions of President Donald Trump's recent executive order ending collective bargaining at a number of federal agencies where its members work, saying the directive amounts to unlawful "political retribution" for the union's legal advocacy against Trump's agenda.
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March 31, 2025
House Passes Bill Easing Up Tax Relief For Disasters
The U.S. House overwhelmingly passed bipartisan legislation Monday to allow victims of state-declared emergencies more time to file federal returns and debated a second measure to allow affected taxpayers to qualify for extended deadlines for refund claims and collection notices.
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March 31, 2025
Ford Escapes Calif. Driver's Cooling Pump Warranty Claims
A California federal judge said Ford can evade a proposed class action alleging it violated state law by keeping its cooling system pump out of California's emission control system warranty, saying a state regulator agreed the pump is not an emissions-related part.
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March 31, 2025
Local, State Officials Cautious On Rollback Of Enviro Rules
Several national groups representing local regulatory officials responsible for overseeing infrastructure projects told the White House they're concerned about a rule rolling back regulations for complying with environmental review requirements.
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March 31, 2025
DC Nonprofit Says EPA Climate Fund Freeze Is Unlawful
Justice Climate Fund has asked a D.C. federal judge to declare that the U.S. Environmental Protection Agency and Citibank NA broke the law by blocking its access to $940 million awarded by the agency for climate investments in low-income communities.
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March 31, 2025
Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told
A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.
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March 31, 2025
Class Says Sunoco Pipeline Leaked Jet Fuel Into Groundwater
Sunoco has been hit with a proposed class action alleging that it allowed its Twin Oaks Pipeline in Pennsylvania to spring a "massive and still unquantified leak of jet fuel and petroleum products" that have seeped into groundwater in the Philadelphia metropolitan area.
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March 31, 2025
Judge Says Army Misled Radioactive Cleanup Contractor
A Court of Federal Claims judge has backed a joint venture in its $7.2 million dispute over a U.S. Army radioactive waste remediation contract, saying the Army misled the company regarding the scope of expected work.
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March 31, 2025
DOI Rescinds Gaming Eligibility In $700M Calif. Casino Project
The Department of the Interior has temporarily suspended a gaming eligibility determination for a California tribe's $700 million casino and gaming resort project, saying Secretary Doug Burgum is concerned that the agency didn't consider additional evidence regarding the 160-acre parcel's restored lands exception.
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March 31, 2025
Insurer Can Limit Rates But Not Counsel In Utility Litigation
A Swiss Re unit can limit the rates it pays to defend utility company Aqua's successor entity in litigation over alleged lead contamination in a Chicago suburb's water supply, a Pennsylvania federal judge has ruled, adding that the insurer cannot make Aqua change its counsel.
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March 31, 2025
Denver Defeats Landlord's Challenge To Energy Standards
A Colorado federal judge tossed a suit challenging state and Denver laws that set target dates for certain properties to reduce their greenhouse gas emissions, saying the trade groups that brought the claims lacked standing.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
Expert Analysis
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.