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Environmental
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March 19, 2025
Judge Won't Unfreeze Climate Grantees' EPA Funds
A Washington, D.C., federal judge said the U.S. Environmental Protection Agency hasn't provided an adequate explanation for its termination of $20 billion in grant funding for climate change projects and blocked it from taking further action — but declined to order that the money be released.
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March 18, 2025
'Disturbed' Singer Down With Sickness From Mold Sues Landlord
The lead singer of the rock band Disturbed has brought a lawsuit against the owner of the Miami-area digs he was renting for $18,500 a month, saying mold spawned by a leaky roof created a condition that impacted his ability to tour with his band.
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March 18, 2025
Tribe Members Complicate Tesoro Pipeline Row, 8th Circ. Told
Tesoro High Plains Pipeline Co. has urged the Eighth Circuit to deny landowning tribe members' bid to intervene in the company's lawsuit challenging the federal government's right-of-way trespassing claims against it, saying that the United States adequately represents their interests and that they would only complicate the case.
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March 18, 2025
Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order
The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.
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March 18, 2025
6th Circ. Panel Torn On Reviving Chevy Cruze Emissions Suit
A Sixth Circuit panel wrestled Tuesday with whether it is precedent-bound to revive claims that General Motors misled car buyers about the emissions of Chevrolet Cruze vehicles marketed as having "clean" diesel engines.
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March 18, 2025
Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit
A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."
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March 18, 2025
Army Corps' Permit For Offshore Fish Farms Is Voided
A Washington federal court judge set aside as unlawful a U.S. Army Corps of Engineers' nationwide permit intended to speed up offshore aquaculture through the construction of industrial-size facilities in federal ocean waters off the country's eastern and western coasts.
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March 18, 2025
Duke Energy Says NC Town Can't Pin Climate Harms On It
Duke Energy Corp. has asked a North Carolina state court judge to dismiss a town's lawsuit accusing the company of a decades-long "deception campaign" about climate change.
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March 18, 2025
DC Circ. Gives FERC Chance To Redo LNG Project Approvals
The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.
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March 18, 2025
NRC Says Texas Reactor Licensing Suit Is In The Wrong Court
The U.S. Nuclear Regulatory Commission wants a Texas federal judge to toss a lawsuit claiming the agency doesn't have the authority to license small-scale nuclear reactors, saying not only is the suit meritless, but it was also brought in the wrong court.
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March 18, 2025
BlackRock Calls Red States' Suit Over Coal Prices 'Farfetched'
BlackRock Inc. and two other large asset managers have urged a Texas federal judge to toss claims brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," saying the case "spins a farfetched theory."
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March 18, 2025
NY Can't Escape Rail Cos. Challenge To 'Waste By Rail' Law
Railway and recycling industry groups can proceed with their challenge to a New York law that requires coverings be placed over solid waste when transported by rail within the state, a federal judge has said, as they have plausibly claimed that the state law is preempted by federal law.
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March 18, 2025
Fate Of Boston Women's Soccer Stadium Turns On Site Status
Opponents of a $200 million project to turn a decrepit 75-year-old stadium into the home of a new professional women's soccer team at a historic Boston park urged a judge on Tuesday to find that officials have failed to follow a state law intended to preserve public parks.
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March 18, 2025
Haynes Boone Grows Enviro Practice With EPA Vet In Dallas
Haynes Boone has bulked up its environmental practice group with a partner in Dallas who brings nearly a decade of experience as a U.S. Environmental Protection Agency lawyer, the firm said this week.
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March 18, 2025
Simpson Thacher Gains Securitization Expert In NY
A former Vinson & Elkins LLP aviation finance practice co-head has joined Simpson Thacher & Bartlett LLP as a New York partner, the firm said Tuesday.
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March 18, 2025
Savannah Wants 3M PFAS Pollution Suit Back In State Court
Savannah's lawsuit against 3M Inc. and others over the "forever chemical" contamination of its drinking water should remain in Georgia state court, the city argued in an emergency bid, saying the company wants to push the municipality into a "judicial purgatory."
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March 18, 2025
Ancora Wants US Steel Meeting Delayed After Blocked Sale
U.S. Steel Corp. shareholder Ancora Holdings Group on Tuesday urged the company's board to delay its upcoming 2025 annual meeting of shareholders until more information comes out about the company's blocked $14.9 billion deal with Japan's Nippon Steel Corp.
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March 17, 2025
Toyota Seeks Exit From Investors' Emission Tests Fraud Suit
Toyota Motor Corp. has asked a California federal judge to dump a proposed class action alleging it deceived investors by failing to thoroughly investigate reports of falsified vehicle certification data, saying the plaintiffs have twisted executives' public statements to inflate their securities fraud claims.
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March 17, 2025
Savannah Sues Over PFAS Pollution In River
Numerous chemical and manufacturing companies, including 3M and DuPont, tainted the water supply of the city of Savannah, Georgia, with "forever chemicals" despite knowing for decades the dangers these substances pose, according to a lawsuit removed to federal court.
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March 17, 2025
Amazon Hit With Greenwashing Suit Over Paper Products
Consumers in four different states have launched a proposed class action against Amazon in Washington federal court, accusing the retail giant of greenwashing its claims about its "Basics" line of paper products and misleading buyers about the sustainability of products whose supply chains are in fact "deeply unsustainable."
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March 17, 2025
LA Settles Suit Over Port's Alleged Pollutant Discharges
Los Angeles and an environmental nonprofit announced they have settled a Clean Water Act suit filed this past summer in federal court that accused the city of violating its wastewater discharge permit by exceeding limits on dangerous pollutants dispersed into the San Pedro Bay.
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March 17, 2025
Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire
A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.
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March 17, 2025
Calif. Panel Sides With Tribe In Hotel Construction Fight
A California appeals panel has sided with a Native American tribe in its decision to reverse a lower court ruling and invalidate the city of Clearlake's approval of a hotel project on what was tribal land, finding that the city failed to comply with a state environmental law.
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
Vague Settlement Can't Free Insurer From Asbestos Claims
An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found.
Expert Analysis
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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.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Hawaii Climate Insurance Case Is Good News For Energy Cos.
The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.