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Environmental
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January 13, 2025
Justices Wants DOJ's Input In Wash. Port Water Permit Row
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a dispute over whether private lawsuits can proceed in federal court when they seek to enforce permit conditions that go beyond what's required by the Clean Water Act for discharging substances into state water bodies.
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January 13, 2025
Justices Reject Utah's Effort To Wrest Land From Feds
The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.
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January 13, 2025
Justices Pass On Challenge To Mass. Offshore Wind Project
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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January 13, 2025
Justices Again Refuse To Review State Climate Torts
The U.S. Supreme Court on Monday again refused to wade into climate change tort litigation brought by state and local governments against fossil fuel companies, rejecting a request by energy giants to nix a suit lodged by Honolulu.
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January 10, 2025
DeSantis Vows More Money, Control Over Everglades Projects
Florida Republican Gov. Ron DeSantis pledged to recommend $805 million of the state budget for continuing efforts in Everglades restoration and promised to take more control over water management, saying he hopes to work with the incoming Trump administration to expedite projects in order to reduce time and taxpayer expense.
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January 10, 2025
FAR Council Pulls Proposed GHG Emissions Disclosure Rule
The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.
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January 10, 2025
FWS Rejects Bids To Strip Protections From Grizzly Bears
The U.S. Fish and Wildlife Service has rejected petitions from Montana and Wyoming to strip federal Endangered Species Act protections of grizzly bears in the Northern Rocky Mountains, saying it will instead look to shrink the geographic areas where they are protected.
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January 10, 2025
NC Co. Sues State, Duke Energy Over Lake Bed Compensation
A North Carolina company is suing the state and Duke Energy Carolinas LLC in North Carolina federal court for compensation, after a state high court took away its lake bed parcel following a land dispute with the energy company and other parties.
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January 10, 2025
Loggers, Landowners Ask 9th Circ. To Revive Antitrust Suit
A group of loggers and landowners have asked the Ninth Circuit to revive their case accusing Iron Triangle LLC of monopolizing logging and related services in part of the Pacific Northwest after a lower court's dismissal.
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January 10, 2025
Faster Permits Needed For Next G's, Wireless Cos. Say
Wireless infrastructure builders are hoping for a more inviting regulatory environment at the federal and state levels as technology progresses and have put broadband permitting reform at the top of their legislative wish list for 2025.
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January 10, 2025
Contractor Seeks Coverage For $2.5M Grass Damage Row
An air services company told a New York federal court Friday that an AIG unit cited a raft of inapplicable exclusions to deny commercial general liability coverage over claims that it caused nearly $2.5 million in damages by aerially applying herbicides on the wrong areas.
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January 10, 2025
Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says
Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.
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January 10, 2025
Ga. Solar Farm Damages Fight Settles Ahead Of April Trial
A Georgia couple has reached a settlement with the owners and developers of a neighboring solar farm and their contractor just two months after a judge ordered that a second trial was needed to determine damages in the multimillion-dollar case.
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January 10, 2025
US Trustee Balks At Ch. 11 Bid Protections In First Mode Case
A package of bid protections for the stalking horse of bankrupt electric-engine developer First Mode needs to be reined in, the Office of the U.S. Trustee has said, urging a Delaware bankruptcy judge to reject the debtor's request that expenses and fees tied to the $15 million bid be paid as priority claims.
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January 10, 2025
The Firefighting Foam 'Forever Chemicals' MDL: A Snapshot
A round of big settlements was recently completed seven years into a sprawling multidistrict litigation over chemical companies' liability for alleged harms caused by exposure to so-called forever chemicals in firefighting foam. Here, Law360 examines what’s still at stake in the ongoing litigation.
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January 10, 2025
Treasury, IRS Plan Rules For Clean Transportation Fuel Credit
Treasury and the IRS released guidance Friday for producers of transportation fuel hoping to qualify for the newly available clean fuels production tax credit, saying they plan to release rules clarifying which entities qualify for the credit and how producers can determine allowable emissions levels.
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January 10, 2025
KKR, PSP Buy $2.8B Stake In American Electric Power Units
Private equity giant KKR and Canada-based Public Sector Pension Investment Board, both advised by Simpson Thacher & Bartlett LLP, have agreed to take a minority stake in Morgan Lewis & Bockius LLP-led American Electric Power's transmission companies in Ohio, Indiana and Michigan, in a $2.82 billion deal.
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January 10, 2025
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation With Representation, Constellation acquires Calpine, Cintas seeks a deal with UniFirst Corp., Stryker Corp. acquires Inari Medical Inc., and Paychex Inc. buys Paycor.
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January 10, 2025
Clark Hill Adds To Environmental Team In Colorado
Two seasoned environmental attorneys have come aboard Clark Hill PLC to enhance the firm's environmental and natural resources capabilities for clients in Boulder, Colorado, and beyond.
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January 10, 2025
Treasury Floats Rules For Commercial Green Vehicle Credits
The U.S. Treasury Department and the Internal Revenue Service proposed rules Friday for obtaining tax credits for commercial green vehicles under provisions of the Inflation Reduction Act, suggesting ways for determining the credit amount and identifying which vehicles are eligible.
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January 10, 2025
Constellation Energy Buying Calpine In $26.6B Megadeal
Constellation has agreed to acquire Calpine at a net purchase price of $26.6 billion, in a deal that will merge two of the largest power generation companies in the U.S., the companies announced Friday.
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January 09, 2025
Colo. Oil Co. Says Unfair Order Threatens Its Demise
Oil and gas operator K.P. Kauffman Co. Inc. is asking a Colorado state judge to scrap a $5.8 million penalty against it, claiming regulators unlawfully imposed an unfair order that threatens to drive it into insolvency and bankruptcy.
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January 09, 2025
Airlines Say 9th Circ. Should Mull Seattle Airport Pollution Suit
Delta Air Lines and Alaska Airlines have told a Washington federal court that the Ninth Circuit should immediately consider the jurisdictional and preemption issues raised in a proposed class action from property owners and residents over alleged flight-path pollution near Seattle-Tacoma International Airport.
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January 09, 2025
Colo. Urges 10th Circ. Not To Vacate Air Emissions Plan
Colorado told the Tenth Circuit that a green group challenging an air emissions permitting program in the state misled a panel of judges during oral arguments by asserting that eliminating the program would resolve its concerns.
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January 09, 2025
AI Startup Anthropic Seeks $60B Valuation, Plus More Rumors
Artificial-intelligence startup Anthropic is seeking $2 billion in a new funding round that would value the company at $60 billion, while fashion giant Shein is now eyeing a mid-2025 initial public offering in London and Constellation Energy is lining up a $30 billion bid to acquire electricity provider Calpine. Here, Law360 breaks down the notable deal rumors from the past week.
Expert Analysis
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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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.