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Environmental
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September 19, 2025
Gov't Must Keep Waiting To Pursue Oil Cleanup Claims
A Washington federal judge will continue to pause the U.S. government's claims against two defendants in an environmental cleanup case following a 2021 incident in which a derelict fishing vessel ran aground while being towed off the California coast.
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September 19, 2025
Foreign Entity Rules Begin To Shape Clean Energy Deals
The recently enacted federal budget that attaches stricter foreign supply chain and business ownership rules to clean energy tax credits has started to take practical effect, with project developers rewriting agreements to avoid getting snagged in the new regulatory regime.
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September 19, 2025
Satellite Biz Bristles At Idea Of Tougher FCC Enviro Oversight
Satellite companies say the Federal Communications Commission should exempt their operations from review under the National Environmental Policy Act because they are "inherently extraterritorial" projects.
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
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September 19, 2025
SoCal Edison Inks Deal To Recover $2B In Woolsey Losses
Southern California Edison Co. revealed in a U.S. Securities and Exchange Commission filing Friday that it has reached a proposed settlement that would allow it to recover about $2 billion of its estimated $5.6 billion in losses connected to the 2018 Woolsey Fire.
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September 19, 2025
Ill. Panel Upholds Monsanto's Trial Win In Roundup Case
A juror's letter to a Cook County judge stating that plaintiffs' counsel is "woefully ill prepared" and "taking too long to make their points," and the judge's refusal to give jurors a proximate cause jury instruction, aren't grounds to upend a jury verdict for Bayer subsidiary Monsanto on claims that its herbicide Roundup caused blood cancer, an Illinois appellate panel ruled.
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September 19, 2025
DC Circ. Sides With FERC On Puerto Rican Gas Pipeline
The D.C. Circuit on Friday unanimously rejected challenges to a liquefied natural gas pipeline in Puerto Rico built after hurricanes battered the island's electrical grid, saying the Federal Energy Regulatory Commission's decision not to stop the project fell under its unreviewable enforcement discretion.
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September 19, 2025
Moldex Says Rival Is Greenwashing With 'Bio-Based' Claims
Moldex-Metric Inc. is suing rival earplug maker Protective Industrial Products Inc. in California federal court, saying it is enjoying an unfair advantage by claiming that its products are "eco-friendly" and made with 82% "bio-based" material despite knowing that these claims are false.
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September 19, 2025
Builder Not Covered In Conn. Park Dispute, Insurers Tell Court
Two insurers have no duty to defend or indemnify a developer and two of his companies against a suit accusing them of unlawfully encroaching on and destroying public land because the claims do not trigger their policies' insuring agreements, the insurers told a Connecticut federal court.
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September 19, 2025
Groups Decry Bid To Roll Back Ariz. Monument Protections
Conservation groups are denouncing congressional legislation that, if approved, would nullify protections on two Indigenous national monuments in Arizona that were put in place to prevent new uranium, copper and gold mining of the sites.
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September 19, 2025
Michigan Justices To Weigh Enbridge Pipeline Tunnel Dispute
The Michigan Supreme Court agreed Friday to hear challenges to state regulators' approval of an Enbridge Energy LP plan to construct a miles-long tunnel for a petroleum pipeline underneath a Great Lakes shipping corridor.
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September 19, 2025
Rhode Island, Connecticut Fight To Finish Building Wind Farm
The Rhode Island and Connecticut attorneys general asked a Rhode Island federal judge to allow an energy developer to resume work on an offshore wind farm that is 80% complete, arguing that a delay past Monday could imperil the entire project and thwart states' abilities to meet mandated emissions goals.
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September 19, 2025
Berkshire Unit Conserves Land To End NC Runoff Claims
A Berkshire Hathaway affiliate has struck a settlement with an environmental group in federal court under which it will conserve a parcel of land and take other steps to prevent sediment from reaching creeks near a North Carolina housing development.
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September 18, 2025
Alaska Asks Justices To End Feds' Subsistence Fishing Regs
The state of Alaska is urging the U.S. Supreme Court to step into its dispute with the federal government and Native American groups over fishing regulations in its navigable waters, challenging a Ninth Circuit ruling that barred the state from opening part of the Kuskokwim River to all fishers.
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September 18, 2025
Wash. Panel Calls Gas Station Co.'s Insurance Delay Risky
Whether gas station operator Gull Industries Inc. is entitled to legal defense costs from Granite State Insurance Co. in long-running litigation over the company's environmental liability may ultimately boil down to timing, Washington state appellate judges suggested at a hearing Thursday.
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September 18, 2025
Calif. Slams Truck-Makers' Bid To Block Emissions Regs
California has told a federal judge that truck manufacturers seeking to renege on their commitments to follow stringent state emissions standards for heavy-duty trucks in the coming years aren't entitled to an injunction now, and the Trump administration cannot bulldoze California into falling in line.
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September 18, 2025
Groups Look To Block EPA's $3B Grant Cuts Amid Appeal
Conservation, tribal groups, and local and county governments are looking to block the U.S. Environmental Protection Agency from terminating a $3 billion climate grant program while they appeal a decision that dismissed their claims, arguing that public interest and equities weigh heavily in their favor.
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September 18, 2025
EPA Will Maintain Hazardous Designations For PFOA, PFOS
The U.S. Environmental Protection Agency has said it will defend the Biden administration's decision to list two common forever chemicals as hazardous substances under the federal Superfund law.
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September 18, 2025
EPA Pitches Plan For Past Renewable Fuel Exemptions
The U.S. Environmental Protection Agency has proposed to reallocate some portion of the biofuel blending volumes it exempted 175 small fuel refiners from in August to overall blending requirements for the next two years.
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September 18, 2025
EU Agrees To Carbon Tax Concession For India
The European Commission agreed to grant a carbon tax deduction to Indian businesses as part of ongoing trade talks with the Modi government, according to a joint statement.
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September 17, 2025
Judge Rejects Trump Admin's Bid To Shield Climate Group
A Massachusetts federal judge on Wednesday rejected the Trump administration's assertion that its climate change working group is exempt from a statute governing the transparency of advisory committees, but also denied environmentalists' push to get their hands on the group's records.
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September 17, 2025
Satellites Belong In FCC's Enviro Reviews, Agency Told
The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.
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September 17, 2025
Auto Supplier Can Wind Down Biz Amid AG's Pollution Suit
A Michigan judge said Wednesday she won't stop an automotive supplier from dissolving its business, even as the state attorney general sues the company for allegedly releasing untreated contaminated wastewater into the environment.
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September 17, 2025
Judge Won't Let Denver Slip Suit Over Bans On Gas Appliances
A Colorado federal judge partially granted environmentalist group Sierra Club's bid to dismiss a suit filed by a coalition of industry trade groups suing Denver over the city's restrictions on certain natural gas appliances.
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September 17, 2025
EXIM Bank Wants Suit Over $20B Mozambique LNG Project Axed
The Export-Import Bank of the United States is asking a D.C. federal judge to toss green groups' effort to block $4.7 billion in financing for a liquefied natural gas project in Mozambique led by TotalEnergies SE.
Expert Analysis
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Revamped Opportunity Zones Can Aid Clean Energy Projects
The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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How EU Is Tweaking Enviro Laws After US Trade Deal
While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.