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Environmental
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October 02, 2025
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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October 02, 2025
Arnold & Porter Bolsters DC Team With Energy Policy Adviser
Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.
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October 01, 2025
Investor Suit Over Deadly Turkey Landslide Dismissed
A Colorado federal judge on Tuesday dismissed a proposed class action brought by investors claiming SSR Mining Inc. defrauded them, ruling the shareholders didn't adequately allege the company and its executives downplayed safety issues before a deadly landslide at a Turkish gold mine.
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October 01, 2025
US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal
The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.
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October 01, 2025
Biz Groups Say They Can Be Amici In 4th Circ. Pollution Suit
The U.S. Chamber of Commerce and the American Chemistry Council on Wednesday told the Fourth Circuit they should be allowed to file an amicus brief on behalf of Chemours in a row over PFAS contamination in the Ohio River, saying that there is nothing barring an association from filing in cases where its members are parties.
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October 01, 2025
Ship Manager Says Liability Shield Applies In Baltimore Wreck
The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.
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October 01, 2025
EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable
The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.
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October 01, 2025
EPA Proposes Rolling Back Biden HFC Ban Deadline
The U.S. Environmental Protection Agency on Tuesday proposed a new rule that would extend the compliance deadline for and revise other parts of a Biden administration-era rule that bars hydrofluorocarbons in refrigeration, air conditioning and heating products if more "climate friendly" alternatives are available.
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October 01, 2025
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Peru Says Mining Co. Can't Revive $417M Penalty Claim
Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.
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September 30, 2025
DC Circ. To Decide If Renewable Fuel Exemption Fight Moot
The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.
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September 30, 2025
US Worker Unions Slam 'Unlawful' Shutdown Firing Threats
The American Federation of Government Employees and the American Federation of State, County and Municipal Employees sued Tuesday over the Trump administration's threats to fire federal workers in the event of a government shutdown, arguing that the threats stray from historic practice and violate the law.
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September 30, 2025
Wash. Lake Cleanup Agencies Sued Over Enviro Review
A man whose house overlooks Capitol Lake in Olympia, Washington, is suing a slew of federal and state government agencies over an estuary restoration project near his residence, alleging they have committed millions of dollars in funds without performing an environmental review.
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September 30, 2025
Senate Bills Look To Return 2,000 Acres To California Tribes
A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties.Â
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September 30, 2025
PFAS Testing Concerns End Coca-Cola Class Action
A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.
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September 30, 2025
3M Rolls Up Buyers' 'Forever Chemicals' Carpet Suit
A Minnesota federal judge threw out a proposed class action Tuesday alleging 3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the substances, saying the consumers have not plausibly alleged an injury.
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September 30, 2025
DC Circ. Backs FERC Approval Of Tenn. Pipeline
The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.
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September 30, 2025
Ga. Residents Win Partial Class Cert. On Past PFAS Damages
A Georgia federal judge granted partial class certification to 4,500 Peach State residents whose water was allegedly polluted with forever chemicals, allowing them to seek damages for past water hikes that went to remediation, while shooting down an "entirely speculative" bid to cover expected future costs.
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September 30, 2025
Spain Must Pay €332M Renewables Awards, Judge Rules
A D.C. federal judge enforced a pair of arbitral awards against Spain worth a combined €332.4 million ($390.5 million), days before the U.S. Supreme Court is expected to decide whether to take up the country's jurisdictional challenge in the cases.
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September 30, 2025
Feds Insist They Can Block Michigan AG's Climate Suit
The Trump administration told a federal court its bid to stop Michigan from filing an anticipated climate change lawsuit is not premature, as the state's attorney general has not backed down from her litigation plans.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
EPA Dodges Texas Farmers' PFAS Contamination Lawsuit
A Washington, D.C., federal judge on Monday tossed Texas farmers and ranchers' lawsuit alleging that the U.S. Environmental Protection Agency failed to stop "forever chemicals" from contaminating their farmland and that they've suffered medical problems from the exposure.
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September 29, 2025
Feds' Clean Air Fix Would Shutter Detroit Plant, Judge Hears
The federal government on Monday asked a Michigan federal judge to order a Detroit facility that produces coke for steelmaking to install processes that would reduce its sulfur emissions and pay a $140 million fine for Clean Air Act violations, while the facility told the court such an order would essentially shutter the operation.
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September 29, 2025
Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit
Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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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.