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Environmental
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June 18, 2025
Judge Says A Ruling Unfreezing Wind Projects May Be Pyrrhic
A Massachusetts federal judge said on Wednesday he will allow key claims to move forward in a suit challenging the Trump administration's halt of wind farm project reviews, yet he suggested even if the plaintiffs ultimately prevail, the administration could still simply deny requests for permits and leases.
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June 18, 2025
California Cities Say Enviro Group Destroyed Testing Data
The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."
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June 18, 2025
Nippon, US Steel Officially Close Deal, Backed By 5 Âé¶¹´«Ã½ Firms
Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the U.S. government.
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June 18, 2025
Supreme Court Says Biofuel Waiver Fights Belong In DC Circ.
The U.S. Supreme Court on Wednesday ruled that the D.C. Circuit is the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, while state-level disputes over national ozone air quality standards must be heard in regional circuit courts.
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June 18, 2025
High Court Says Texas Can't Challenge Nuclear Waste Site
The U.S. Supreme Court on Wednesday said Texas and a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in the state, while sidestepping the issue of whether the agency is authorized to license such facilities.
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June 17, 2025
Sunoco Pipeline Leak Class Claims Return To Philly Court
A Pennsylvania federal judge has sent environmental class claims over a Sunoco pipeline leak back to state court in Philadelphia, ruling that a carveout to federal class action law where the majority of plaintiffs reside in the same place makes it a state court matter.
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June 17, 2025
States Say Trump Admin Can't Freeze EV Charging Funds
An attorney for the Washington Attorney General's Office on Tuesday urged a federal judge in Seattle to issue a preliminary injunction requiring the Trump administration to release funding for electric vehicle charging infrastructure projects in 16 states, saying the administration cannot "go back in time" and eliminate congressionally approved funding.
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June 17, 2025
La. Âé¶¹´«Ã½ Will Make Tesla Sales Less Onerous, Justices Told
Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.
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June 17, 2025
EPA Ordered To Rethink Enviro Justice Grant Terminations
The U.S. Environmental Protection Agency overstepped its authority by canceling certain grants without a "reasoned explanation" beyond the Trump administration's deprioritization of "environmental justice" initiatives, a Maryland federal judge ruled Tuesday, saying the grant terminations must be vacated and sent back to the EPA for further review.
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
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June 17, 2025
AT&T Beats Investor Suit Over Lead-Lined Cables, For Now
A Texas federal judge has tossed a securities class action against AT&T and several of its executives alleging they misled investors about removing lead-covered copper cables from the company's network, finding that the plaintiffs have failed to meet the heightened pleading bar for securities fraud.
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June 17, 2025
Ill. Increases Sports Betting, Tobacco Tax And Taxes Airbnbs
Illinois increased its tax on sports betting and tobacco products and extended its tax on hotel operators to include short-term rentals like Airbnbs and Vrbos under a budget bill approved by the governor.
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June 17, 2025
Safety Co. Demands Sanctions Over No-Show Witnesses
Safety inspection company UL LLC has sought $13,500 in sanctions and a court order to compel two Chinese solar companies to produce key witnesses in a dispute over counterfeit UL marks, accusing them of last-minute cancellations and monthslong delays.
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June 17, 2025
Firms Fight To Rep End Users In PVC Pipe Antitrust Row
Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.
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June 17, 2025
Delta Nearing Settlement In Jet Fuel Dumping Class Action
Delta has reached a deal with a group of Los Angeles homeowners to end a lawsuit against the airline after it dumped jet fuel onto their properties, according to a joint notice.
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June 17, 2025
Feds Waive Âé¶¹´«Ã½s Again To Expedite Border Wall Construction
Homeland Security Secretary Kristi Noem revealed on Tuesday that she is once again waiving a number of environmental and historical preservation laws to facilitate border wall construction, this time in Texas.
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June 17, 2025
BLM Says Enviro Groups' Lease Suit Lacks Real Controversy
The U.S. Bureau of Land Management is urging a Colorado federal judge to throw out a suit environmental groups filed over nearly two dozen suspended oil and gas leases, arguing that the groups are trying to create a controversy where none exists.
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June 17, 2025
SC Pizzeria Says Insurer Owes For Building Fire
An insurer for a South Carolina pizzeria wrongfully refused to pay its full $926,000 policy limit after a fire destroyed the building where the restaurant was located, the business said in a suit removed to federal court.
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June 16, 2025
Monsanto Fights Plaintiffs' Billion-Dollar Ask In PCB Tort Trial
Nearly two dozen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury on Monday for a damages award of $1.1 billion to $3.3 billion, as the company's counsel countered the plaintiffs lack blood testing results and other key evidence to back their "extraordinary" request.
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June 16, 2025
NY Seeks To Move Feds' Climate Superfund Suit Upstate
The Trump administration's lawsuit challenging New York's climate change Superfund law should be transferred from the Southern District of New York to the Northern District, where it can join a similar lawsuit lodged by several Republican-led states, New York told a federal judge.
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June 16, 2025
Monsanto Ends Roundup Cancer Case With Midtrial Settlement
Monsanto confirmed Monday that it has settled a Texas man's Roundup cancer lawsuit shortly before closing arguments in the trial were set to begin.
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June 16, 2025
NY Looks To End Long Island Tribal Fishing Rights Row
New York officials have asked a federal judge to toss a long-standing dispute with the Shinnecock Indian Nation over fishing off of Long Island, arguing that tribal members have filed invalid claims to their purported rights to fish in waters at the town of Southampton.
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June 16, 2025
Texas Justices Say Park Repairs Trump Native Religion Claims
A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.
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June 16, 2025
Ky. Judge Trims Firefighters' Claims In CSX Derailment Suit
A Kentucky federal judge said Monday that state law bars most claims in a personal injury lawsuit from seven firefighters alleging rail giant CSX Transportation Inc. is strictly liable for a 2023 derailment that exposed first responders to toxic fumes.
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June 16, 2025
Shell Loses Bid To Halt Suit Over Oil Terminal's Pollution Plan
Two Shell Oil Co. subsidiaries cannot halt discovery in an environmental group's challenge to pollution control efforts at a New Haven petroleum terminal based on their interpretations of a state agency's draft permit, a Connecticut federal judge has ruled.
Expert Analysis
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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State Farm Rate Hike Portends Intensifying Insurance Crisis
The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Âé¶¹´«Ã½ Group.
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Texas Targets Del. Primacy With Trio Of New Corporate Âé¶¹´«Ã½s
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Âé¶¹´«Ã½ Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Series
Volunteering At Schools Makes Me A Better Âé¶¹´«Ã½yer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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A Look At Texas Corp. Âé¶¹´«Ã½ Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Âé¶¹´«Ã½ School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.