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Environmental
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February 14, 2025
Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills
California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.
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February 14, 2025
Judges Suggest Withdrawal Was Optional In Dam Permit Spat
D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.
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February 14, 2025
Thompson Hine Partner Wants To Help You Find True Love
Heidi B. Friedman, co-chair of Thompson Hine LLP’s environmental, social and governance collaborative, has a side gig playing Cupid. She talked to Law360 Pulse about her new book, "Love Lessons: 104 Dates and the Stories that Led Me to True Love."
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
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February 13, 2025
9th Circ. Revives Air Force Guam Munitions Disposal Dispute
The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Origin Investors Fixed 'Fatally Vague' Fraud Claim, Judge Says
A California federal judge has ruled that investors' fraud claims against sustainable materials-maker Origin Materials and its co-CEO can move forward, saying the plaintiffs have provided additional details from a confidential witness the judge previously found to be "fatally vague."
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February 13, 2025
Mass. Auto Telematics Data Law Not Preempted, Judge Says
A Boston federal judge's dismissal of an auto industry group's challenge to a Massachusetts vehicle telematics data law centered on a limited interpretation of the statute's reach and the lack of a clear conflict with federal laws, according to an order unsealed Thursday explaining the decision.
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February 13, 2025
DC Judge Says Utah Tribe Can't Restore Reservation Lands
A District of Columbia federal judge refused to hand over ownership of federally managed land in a Utah reservation to a Utah tribe, ruling Thursday that the tribe wasn't entitled to ownership.
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February 13, 2025
Buyer Seeks $3.5M Price Cut Over Bungled Conn. Mill Cleanup
A property developer has asked a Connecticut Superior Court judge to lower the purchase price of a polluted industrial site in Branford from $6 million to $2.5 million, saying the seller failed to develop legitimate remediation plans and breached a settlement agreement that ended prior litigation.
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February 13, 2025
EPA Boss Says Biden Admin Wrongly Ceded Control Of $20B
The U.S. Environmental Protection Agency's new leader said Thursday that $20 billion Congress appropriated for an EPA grant program had been inappropriately transferred outside the agency and is lacking adequate supervision — a claim disputed by a Biden-era official.
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February 13, 2025
EPA Asks 5th Circ. To Pause State Ozone Plan Decision
The U.S. Environmental Protection Agency asked the Fifth Circuit to hold off on deciding whether it was allowed to deny three states' plans to comply with federal ozone standards to give the Trump administration time to evaluate the rule at the center of the litigation.
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February 13, 2025
White & Case Environmental Partner Moves To Weil In NY
Weil Gotshal & Manges LLP announced Thursday that it has hired a White & Case LLP environmental law partner for its regulatory transactions group in New York.
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February 13, 2025
Tribe Can't Revisit $16M Ovintiv Settlement, Feds, Utah Say
The U.S. government and Utah urged a federal judge to reject a tribe's bid to challenge a $16 million Clean Air Act consent decree with Ovintiv USA Inc., arguing that its comments on the settlement were already considered and rejected.
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February 13, 2025
Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits
The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.
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February 13, 2025
Orrick Hires Former Head Of A&O's Restructuring Practice
The former head of Allen & Overy's U.S. restructuring practice prior to A&O's transatlantic merger with Shearman & Sterling has joined Orrick Herrington & Sutcliffe LLP in New York.
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February 12, 2025
Republican Senators Float Ending EV Tax Credits
Republican lawmakers in the Senate on Wednesday unveiled a bill that would end electric vehicle and charging station tax credits that they dubbed "reckless."
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February 12, 2025
Avangrid Unit's Counterclaim Cut From Plant Cleanup Fight
The United Illuminating Co. cannot assert a counterclaim against the commissioner of Connecticut's energy regulator as they battle over the cleanup of the defunct and polluted English Station power plant in New Haven because the utility has not overcome the state's sovereign immunity, a state court has ruled.
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February 12, 2025
OCC Departs International Network Focused On Climate Risks
The Office of the Comptroller of the Currency on Tuesday became the latest U.S. government entity to withdraw from the Network of Central Banks and Supervisors for Greening the Financial System, an international consortium focused on the financial sector's responses and resilience to climate change.
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February 12, 2025
Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits
Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.
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February 12, 2025
GOP Sens. Pitch $1K Tax On EVs To Boost Highway Fund
Republican senators on Wednesday proposed legislation that would establish a $1,000 tax on all new electric vehicles to help bolster a federal fund that pays for highway, road, bridge and transit upgrades nationwide.
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February 12, 2025
USPTO Ends Fast Exams Of Patents Targeting Climate Change
The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
5th Circ. OKs Drop Of Litigation Over Biden-Era GHG Rule
The Fifth Circuit has signed off on the Trump administration's decision to cease litigation over a Biden-era rule that required states to set targets for reducing greenhouse gas emissions tied to federally funded highway projects.
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February 12, 2025
Gore-Tex Maker Accused Of Greenwashing Waterproof Fabric
W.L. Gore & Associates has been slapped with a proposed class action in Washington federal court accusing it of embarking on a "greenwashing" campaign by touting its Gore-Tex waterproof fabric as being environmentally sound, while concealing from customers it uses forever chemicals in manufacturing the material.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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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.