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Environmental
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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.
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March 17, 2025
Union, Green Groups Fight EPA Bid To Redo Biden TSCA Rule
Labor unions and green groups are asking the D.C. Circuit to reject the U.S. Environmental Protection Agency's bid to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.
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March 17, 2025
FERC Grid Upgrade Fight Has DC Circ. Judges Flummoxed
D.C. Circuit judges appeared to struggle Monday with how to determine ownership of new grid upgrades needed for a Michigan solar farm as they consider a transmission company's challenge to the Federal Energy Regulatory Commission's refusal to grant it sole ownership.
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March 17, 2025
NJ Offshore Wind Farm Permit Pulled Over Trump Orders
An environmental permit for a wind power facility off the New Jersey shore has been sent back to regulators for reconsideration in light of President Donald Trump's executive order temporarily halting all offshore wind leases for review, according to a federal environmental appeals board order.
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March 17, 2025
Chevron Buys 5% Of Hess With 'Confidence' In Merger Close
Chevron Corp. disclosed Monday that it has purchased 4.99% of Hess Corp.'s outstanding common stock, a move that signals the oil giant's "continuing confidence" in completing its pending $53 billion acquisition of Hess despite ongoing arbitration challenges.
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March 17, 2025
Simpson Thacher Taps Kirkland Atty To Co-Lead Enviro Group
Simpson Thacher & Bartlett LLP has hired a former Kirkland & Ellis LLP attorney, who is joining the firm in Washington, D.C., to co-lead its environmental practice and continue her work with the environmental issues involved in commercial transactions, the firm announced Monday.
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March 17, 2025
Brightmark Puts Indiana Plastic Recycling Plant Into Ch. 11
Recycling company Brightmark LLC has put certain units into bankruptcy in Delaware in order to keep its Indiana plastics processing center operational as it pursues a sale.
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March 14, 2025
ExxonMobil Brings $14M Clean Air Act Suit To High Court
ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.
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March 14, 2025
Fort Worth's Unwieldy PFAS Suit Against Gov't, Cos. Gets Split
A Texas federal judge on Friday ruled that Fort Worth's $420.6 million suit seeking to hold the federal government and various manufacturers liable for PFAS contamination must be split into separate cases, or risk being too unwieldy and confusing for jurors.
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March 14, 2025
Md. Judge Joins Calif. In Reversing Federal Workers' Firing
A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.
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March 14, 2025
5th Circ. Affirms Energy Exec's Insider Trading Conviction
The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.
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March 14, 2025
SpaceX Suit Against Coastal Commission Grounded, For Now
A California federal judge dismissed SpaceX's suit Friday alleging the California Coastal Commission wrongly tried to block its rocket launches, but allowed leave to amend the complaint after warning the company's lawyer he would not grant any leave if he kept up his current line of attack on the suit.
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March 14, 2025
Green Groups Sue Fed. Agencies Over Frozen Funding
Environmental groups sued five federal government agencies and their leaders, alleging they illegally froze congressionally approved funding and are hampering the organizations' work.
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March 14, 2025
11th Circ. Upholds Toss Of Avian Orgs.' Bid To Import Parrots
The Eleventh Circuit on Friday affirmed a judgment against two exotic bird nonprofits trying to get approval to import two parrot species, ruling that the Wild Bird Conservation Act does not allow for a carveout of only captive-bred parrot species from certain countries.
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March 14, 2025
Colo. Jury Rejects Claims Sterilization Co. Caused Cancer
A Colorado jury Friday morning rejected four women's claims that emissions from a Terumo BCT Inc. medical sterilization plant caused their cancer, finding after a six-week bellwether trial that the company was not negligent in how it handled emissions of a toxic sterilization chemical.
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March 14, 2025
6th Circ. Rejects Tribe's Appeal Of Great Lakes Fishing Pact
A Sixth Circuit panel upheld a 2023 decree governing fishery management in the Great Lakes on Thursday, finding that a Michigan federal judge had the prerogative to enter the decree over the objections of a Native American tribe.
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March 14, 2025
Toyota Group Unit Buys Radius Recycling In $1.34B Deal
North American recycler Radius Recycling Inc., advised by Simpson Thacher & Bartlett LLP, has agreed to be bought by a U.S. subsidiary of White & Case LLP-led Toyota Tsusho Corp. in a $1.34 billion deal.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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New York Climate Superfund Law May Face Preemption Fight
New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.