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Environmental
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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.
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April 07, 2025
Pair Of Blank Check IPOs Raising $411M To Pursue Mergers
Two separate special purpose acquisition companies, New Providence Acquisition III and Twelve Seas Investment III, on Monday unveiled plans to raise a combined $411 million in their initial public offerings.
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April 07, 2025
SolarEdge Claims Get Tossed Again In Second Try
A New York federal judge has once again tossed certain claims in a securities class action accusing SolarEdge Technologies Inc. of misrepresenting the demand for its solar energy products in Europe, but he gave investors the chance to file a third amended complaint.
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April 07, 2025
3 Firms Lead $5.7B Stonepeak, Woodside Louisiana Gas Deal
Norton Rose Fulbright-advised Woodside Energy Group said Monday it has agreed to sell a 40% stake in its Louisiana LNG liquefied natural gas production and export terminal to U.S. investment firm Stonepeak for $5.7 billion.
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April 07, 2025
A&O Shearman Adds Mayer Brown Energy Infrastructure Duo
Allen Overy Shearman Sterling has hired the former co-head of Mayer Brown LLP's global projects and infrastructure practice, who is joining alongside another former Mayer Brown partner, both of whom work with energy infrastructure deals, the firm announced Monday.
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April 04, 2025
Bayer Wants Supreme Court To Review Roundup Litigation
Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.
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April 04, 2025
GOP Sens. Attack Calif. Waivers Despite Parliamentarian Ruling
The U.S. Senate parliamentarian on Friday said Republicans may not use a rule-killing legislative maneuver to void Biden-era Clean Air Act waivers that allow California to set its own vehicle emissions standards — but the GOP is plunging ahead anyway.
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April 04, 2025
Chevron Hit With $745M Verdict Over La. Coast Pollution
Chevron must pay nearly $745 million to repair damage done to southeast Louisiana's coastal wetlands, a Plaquemines Parish jury ruled Friday in a case filed more than a decade ago.
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April 04, 2025
Judge Halts Denver Dam Work For More Enviro Review
A Colorado federal judge has temporarily halted construction on a Denver dam, pending a hearing on what is "reasonable and necessary" to ensure the dam will be structurally safe while the federal government takes a second look at its dredging permit approval.
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April 04, 2025
Youths Ask Alaska High Court To Stop LNG Project
A group of young Alaskans is asking the state's high court to block a deal to develop the only permitted liquefied natural gas export project on the Pacific coast of the U.S.
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April 04, 2025
6th Circ. Allows Tenn. Gas Plant Pipeline To Proceed
The Sixth Circuit on Friday rejected conservation groups' challenges to federal and state Clean Water Act approvals to a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City.
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April 04, 2025
Toshiba Fights Claims Over Alleged Hydro Plant Defects
A Toshiba Corp. unit has urged a federal judge to dismiss claims that it botched a $560 million contract to upgrade a hydroelectric plant owned by the Michigan utilities Consumers Energy Co. and DTE Electric Co., arguing the two companies inspected Toshiba's work and deemed it satisfactory.
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April 04, 2025
Insurers Accuse SoCalEdison Of Sparking Eaton Fire
Ten carriers blamed Southern California Edison for costing the insurance industry billions after negligently starting the January Eaton Fire, telling a California state court that the blaze was caused by a poorly maintained transmission tower whose wires arced, igniting vegetation.
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April 04, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Russian industrialist Oleg Deripaska target the intelligence arm of CT Group with a commercial fraud claim, Big Technologies sue its former CEO for allegedly concealing interests in several shareholders, and an investment firm tackle a professional negligence claim by Adidas. Here, Law360 looks at these and other new claims in the U.K.
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April 04, 2025
Novelis Seeks $15M For Recycle Facility Construction Delays
Atlanta-based aluminum giant Novelis said this week that a design and build firm in charge of construction of a sprawling recycling plant botched key features of the project, leading to "persistent delays" and more than $15 million in damages from repairs and lost profits.
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April 04, 2025
Foster Garvey Hires Ex-Karr Tuttle Real Estate Atty
Foster Garvey PC has brought on a former Karr Tuttle Campbell shareholder as a principal for its real estate, land use and environmental team in Seattle, the firm announced.
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April 04, 2025
Kirkland-Led Brookfield Buying Colonial Pipeline In $9B Deal
Brookfield Infrastructure Partners said it will acquire the Colonial Pipeline, the nation's largest refined oil products pipeline system, in a deal valued at approximately $9 billion, under the legal counsel of Kirkland & Ellis LLP.
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April 03, 2025
3 Ways The Trump EPA Could Impact The Chemical Industry
The U.S. Environmental Protection Agency's potential deregulatory actions, staffing reductions and shifts in scientific practices portend changes for the chemical industry that could ultimately benefit the sector. Here, Law360 looks at three key areas of concern for the chemical industry.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
3M, DuPont Sued Over Ga. Carpet Industry's PFAS Pollution
A Georgia environmental group and a farm owner have sued 3M Co., DuPont de Nemours Inc. and other companies involved in the state's carpeting manufacturing industry, seeking to hold them liable for "forever chemical" contamination in the Conasauga River.
Expert Analysis
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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As EPA Backs Down, Expect Enviros To Step Up Citizen Suits
As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Rethinking How To Engage Shareholders, Activists Via Proxies
This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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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.