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Environmental
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Broker's Insurer Wants Out Of Suit Over Bad Advice
A professional liability insurer told a Florida federal court it owes no coverage to an insurance broker accused of wrongly advising its client on a $15.9 million hurricane loss because the advice came years before coverage began.
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May 12, 2025
GOP Floats $30,000 SALT Cap, Renewed R&D Credit
House Ways and Means Republicans proposed a $30,000 state and local tax deduction cap and a renewed research and development credit in updated legislation to extend their 2017 tax overhaul law, which the committee plans to consider Tuesday.
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May 12, 2025
3 Firms Guide NRG, LS Power On $12B Natural Gas Deal
NRG Energy Inc. said Monday it has agreed to acquire a portfolio of natural gas-fired power plants and a virtual power plant platform from LS Power for $12 billion, in a cash-and-stock deal steered by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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May 09, 2025
Calif. Judge Blocks Trump's Gov't Reorganization, Job Cuts
A California federal judge on Friday temporarily blocked federal agencies and Elon Musk's Department of Government Efficiency from carrying out President Donald Trump's directive to reduce the government workforce, saying the president doesn't have the constitutional or statutory authority "to reorganize the executive branch."
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
Energy Group Backs States' BlackRock Coal Investments Suit
An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.
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May 09, 2025
Utah Tribe Challenges Colorado Parks' Bill Over Historical Ties
A Colorado bill that would give members of the Southern Ute Indian and Ute Mountain Ute tribes free access to the state's parks is being protested by their Utah sister tribe, which argues that the legislation disregards its deep historical connection and presence in its ancestral homelands.
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May 09, 2025
States Sue To Nullify Trump's Energy Emergency Order
States led by Washington and California on Friday challenged President Donald Trump's declaration of a national energy emergency, arguing in a lawsuit that one of his executive orders exceeds presidential authority and directs federal agencies to unlawfully speed up permitting of fossil fuel projects.
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May 09, 2025
Renewable Energy SPAC Taps Surging Market For $150M
EGH Acquisition Corp., a special purpose acquisition company targeting energy transition businesses, began trading Friday after raising a $150 million initial public offering, while another SPAC joined the pipeline as new filings continue to rise.
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May 09, 2025
EPA Broke Trust Duty In $16M Ovintiv Settlement, Court Told
A Utah tribe says negotiations between the U.S. government and Ovintiv USA Inc. over a $16 million Clean Air Act consent decree ignored federal protocol and harmed its sovereign interests, telling a federal court that its members will disproportionately suffer from the impacts of energy mineral production.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Clients Rely On Enviro Attys' Know-How On Rocky Reg Turf
The Trump administration's deregulatory agenda, staff reductions and funding threats are creating instability for industries that rely on environmental permits and communities reliant on pollution protections, leading law firms to dig deeper into their wealth of experience to better advocate for clients.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling
Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Taxation With Representation: Paul Weiss, Weil, V&E, Torys
In this week's Taxation With Representation, 3G Capital takes Skechers private, Sunoco LP buys Parkland Corp., and BCE Inc. and the Public Sector Pension Investment Board launch a wholesale network provider called Network FiberCo.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.Â
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May 08, 2025
Feds Urge High Court Not To Take Jury-Right Case
The government has asked the U.S. Supreme Court not to take up the case of a social media influencer who was denied a jury trial for a misdemeanor, arguing precedent and tradition show that "crimes" meriting a jury are distinct from petty offenses.
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May 08, 2025
Colo. Court Sets Next Toxic Tort Bellwether For January
Two more plaintiffs suing a Colorado medical sterilization company will try their claims that emissions from the company's facility caused their cancer, during a second bellwether trial to begin in January 2026, according to a Colorado state judge's order Thursday.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Âé¶¹´«Ã½ful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
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May 08, 2025
10th Circ. Urged To Undo Insurers' Pollution Exclusion Win
A New Mexico property owner urged the Tenth Circuit to rethink its ruling that separate pollution exclusions in its commercial general liability policies entirely removed two insurers' duty to defend underlying environmental contamination claims, arguing the appeals court overlooked a significant principle under settled New Mexico insurance law.
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May 08, 2025
Feds Secure Short-Term Agreements For Colo. River System
The U.S. Department of the Interior has negotiated the extensions of 18 conservation agreements with stakeholders as part of a plan to conserve water along the Colorado River in California and Arizona.
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May 08, 2025
NC Failed To Act On PFAS Pollution, Chemours, EIDP Say
Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.
Expert Analysis
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Âé¶¹´«Ã½yers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Steel Cases Test Executive Authority, Judicial Scope
Âé¶¹´«Ã½suits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Perspectives
Accountant-Owned Âé¶¹´«Ã½ Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Âé¶¹´«Ã½
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Âé¶¹´«Ã½s
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.