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Environmental
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April 16, 2025
Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage
Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.
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April 16, 2025
Union Denied More Time In Feds' Bid To Bless CBA Rebuke
A Kentucky federal judge has refused to delay an approaching hearing on the U.S. Department of the Treasury's bid to nullify its workers' union contracts, despite a union's assertion that it's been given little time to prepare for a consequential case and that it has yet to be served.
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April 16, 2025
Groups Urge Congress To Probe DC's Use Of Private Attys
The American Tort Reform Association and two other groups called on Congress on Wednesday to investigate District of Columbia Attorney General Brian Schwalb for the office's use of outside counsel for litigation, which they say has issued millions in legal contracts with little transparency or accountability.
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April 16, 2025
Mexico's Vista Buys Stake In Argentine Oil Project For $1.5B
Mexico-based oil and gas company Vista Energy said Wednesday it has acquired a 50% stake in La Amarga Chica, a large shale oil project in the Neuquina Basin of Argentina's vast Vaca Muerta shale formation, for about $1.5 billion.
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April 16, 2025
Judge Restores EPA Grant Funds For Climate Change Groups
A D.C. federal judge has ordered Citibank NA to start disbursing Biden-era federal grant funding to nonprofits working on climate change projects, and blocked the U.S. Environmental Protection Agency's effort to terminate the grants.
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April 16, 2025
Global Clean Energy Files Ch. 11 With Over $2B In Debt
Renewable fuels company Global Clean Energy Holdings Inc. filed for Chapter 11 relief Wednesday in Texas with more than $2 billion of liabilities, about $2 million of cash on hand and a prearranged restructuring plan supported by most of its secured lenders.
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April 15, 2025
Judge Tells Feds To Unfreeze Climate, Infrastructure Funds
The U.S. Department of Agriculture, U.S. Environmental Protection Agency and other federal agencies must "turn the funding spigots back on" while environmental groups challenge the Trump administration's decision to cut congressionally approved dollars for infrastructure, agriculture, climate and other initiatives, a Rhode Island federal judge ruled Tuesday.
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April 15, 2025
New Mexico Pueblos Allowed Into Fed Mineral Lease Ban Suit
A pair of Native American pueblos can intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, a federal magistrate judge ruled Tuesday.
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April 15, 2025
Trump Orders Overhaul Of Federal Contracting Rules
President Donald Trump issued orders Tuesday aimed at simplifying and reducing the costs of federal contracting for both government and contractors, directing agencies to pare back the Federal Acquisition Regulation to only "essential" requirements and to prioritize commercial item purchases.
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April 15, 2025
No Appeal For Green Energy Co. CEO In $40M Investor Suit
The CEO of a company purportedly funded by a green energy outfit can't appeal a judge's determination in a proposed investor class action that found the executive is subject to the Tennessee federal court's jurisdiction, saying he failed to meet the requirements for such an appeal.
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April 15, 2025
Apple Challenges PFAS Claims In Watch Band Lawsuit
Apple has urged a California federal judge to toss a proposed class action claiming its smartwatch bands contain toxic chemicals, arguing the suit relies on speculative "barebones" testing data and fails to show its products actually contain harmful substances.
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April 15, 2025
DC Circ. Again Nixes Challenge To $44B Alaska LNG Project
The D.C. Circuit rejected a challenge by conservation groups against the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska, ruling Tuesday the department's conclusion regarding uncertainty over the project's effects on greenhouse gases was supported by "overwhelming evidence" in its environmental impact statements.
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April 15, 2025
Massive Calif. Fire Assessment Pass-Through Sparks Suit
Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act.
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April 15, 2025
Dow Says NJ Pollution Suit 'Classic' Case For Federal Court
Dow Chemical Co. told a Third Circuit panel on Tuesday that the New Jersey attorney general's suit accusing it and other companies of causing widespread groundwater pollution through a product containing a likely cancer-causing compound belongs in federal court, arguing the product was developed for the federal government.
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April 15, 2025
Court Abused Discretion In Tesoro Pipeline Row, 8th Circ. Told
Enrolled members of a North Dakota tribe say a lower court abused its discretion in denying them intervention in a lawsuit challenging the federal government's right-of-way trespassing claims against the Tesoro High Plains Pipeline, arguing it failed to consider the full scope of their interests and rights at stake.
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April 15, 2025
Kinder Morgan Must Face $100M Texas Storm Billing Dispute
A Texas state appeals court said Tuesday that Kinder Morgan must face a suit over $100 million in invoices stemming from a February 2021 winter storm that caused a power crisis in the state, finding that the company hadn't shown it was forced to reduce gas supplied to a customer at the height of the storm.
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April 15, 2025
Colorado Judge Tosses Counties' Suit Over $25M Tax Transfer
A Colorado state judge has dismissed a lawsuit brought by seven counties challenging the transfer of $25 million from a state fund aimed at offsetting the impacts of extractive industries, finding in an order that the state Legislature had full authority to move the dollars.
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April 15, 2025
Simpson Thacher Advises On $2.2B Cross-Border Power Deal
Simpson Thacher is advising Canada's Capital Power Corp. on its planned $2.2 billion acquisition of two U.S. natural gas power plants, marking the energy firm's strategic entry into North America's so-called PJM market.
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April 15, 2025
DC Circ. Zaps FERC Fight Over Grain Belt Express Line
A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.
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April 14, 2025
SEC Clears Green Impact Exchange To Enter Market In 2026
The U.S. Securities and Exchange Commission on Monday cleared a proposal by Green Impact Exchange to launch the first sustainability focused national securities exchange, scheduled to begin operating in 2026.
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April 14, 2025
Judge Says Barretts Needs Independence To Resolve Ch. 11
A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.
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April 14, 2025
Allianz Unit Challenges Augusta Golf Club's $2.4M Award
Allianz SE subsidiary Fireman's Fund Insurance Co. on Friday asked a federal judge to strike down a $2.4 million storm damage appraisal in favor of an Augusta, Georgia, golf club that the insurer said goes far beyond what it agreed to cover.
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April 14, 2025
Monsanto's 11th Trial Kicks Off In Seattle Over School PCBs
Nearly two dozen people told a Washington state jury Monday that they were slowly sickened by Monsanto-made toxins, becoming the largest group yet to try their PCB personal injury claims together in a series of PCB personal injury suits connected to a Washington school.
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April 14, 2025
9th Circ. Revives Suit Over Calif. Refinery's Pollution
A Ninth Circuit panel revived part of a class action that neighbors of a Torrance, California, refinery brought against Exxon Mobil Corp. and Torrance Refining Co. over its pollution, holding that a lower court misconstrued the scope of a trespass claim.
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April 14, 2025
Calif. Board Says SpaceX Suit Should Be Grounded For Good
The California Coastal Commission moved Friday for another dismissal of SpaceX's suit alleging the commission wrongly tried to block its plan to increase rocket launches from Vandenberg Space Force Base in California, saying because the commission's opposition was overridden by the U.S. Air Force, no harm was caused.
Expert Analysis
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.