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Environmental
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February 10, 2025
Calif. Ruling Holds Wildfire Debris Not A Coverable Loss
Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.
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February 10, 2025
Texas Property Owner Seeks Over $1M In Storm Coverage
A Nationwide unit unlawfully failed to cover hail and wind damage to a Texas property, its owner alleged in federal court, accusing the insurer of fraud and violating state insurance statutes over unfair settlement practices and prompt claim payment and seeking over $1 million in damages.
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February 10, 2025
Gov't Defends Approval Of CP-KCS Rail Merger To DC Circ.
The federal government told the D.C. Circuit a coalition of Illinois towns is challenging the approval of Canadian Pacific Railway Ltd.'s $31 billion merger with Kansas City Southern Railway Co. over the deal's potential effect on just 23 miles of a combined rail network that spans more than 20,000 miles.
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February 10, 2025
Judge: Dominican Republic Should Pay $44M Landfill Award
A magistrate judge in Washington, D.C., recommended Friday that a $43.6 million arbitral award issued after the Dominican Republic terminated a landfill concession should be enforced, saying there was no evidence that the tribunal failed to investigate allegations of underlying fraud.
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February 10, 2025
Nevada Lithium Mine Violates Indigenous' Rights, Report Says
The federal government's approval of an 18,000-acre open-pit lithium mine in northern Nevada is a violation of Indigenous' rights, according to a recent report, which says at least six tribes have ties to the site where they've experienced violations against their religion, culture and ancestral lands.
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February 10, 2025
SpaceX Says It Has Been Harmed By Coastal Commission
SpaceX has argued it should be allowed to move forward with its suit alleging the California Coastal Commission wrongly tried to block the company's rocket launches, saying it had been harmed by the commission's allegedly unconstitutional actions.
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February 10, 2025
EPA Asks 5th Circ. To Uphold Asbestos Ban Rule
The U.S. Environmental Protection Agency is defending a Biden-era rule strengthening its restrictions on the use of the most prevalent variety of asbestos, which are being challenged by industry, worker and green groups.
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February 10, 2025
Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M
An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.
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February 10, 2025
Green Groups Defend Methane Charge Against Industry Suit
Conservation groups urged a Michigan federal judge to throw out industry group litigation challenging the constitutionality of an Inflation Reduction Act provision that directed the U.S. Environmental Protection Agency to impose fees on methane emitters, while the Trump administration asked to have the case put on hold "to review the matter."
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February 10, 2025
NJ Hospital Hit With Class Claims Over Retirement Plan Fees
A New Jersey health system has been accused of mismanaging its employees' retirement funds, according to a proposed class action filed by one of its employees in Garden State federal court.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
Investor Urges US Steel To Dump Deal After Trump Comments
Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.
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February 10, 2025
Trump Admin Violating Order To Unfreeze Funds, Judge Says
A Rhode Island federal judge ruled Monday the Trump administration is not complying with the court's temporary restraining order barring a freeze on funding for federal grants and programs, ordering the administration to immediately restore the frozen funds.
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
Native American Legislative Moves: Land Bill Moves Forward
A bill that would give back a historic site to a Tennessee tribe is moving forward, the U.S. Senate Committee on Indian Affairs has done a leadership role reversal, and a federal lawmaker has his sights set on boosting the Alaskan Native Settlement Trust Eligibility Act. Here, Law360 looks at the most recent major legislative efforts that affect Indian Country.
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February 07, 2025
Maxeon Investors Push To Keep Exchange Act Suit Alive
The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.
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February 07, 2025
FERC Says Trump Orders Support DC Circ. Rehearing Bid
The Federal Energy Regulatory Commission has told the D.C. Circuit that President Donald Trump's revocation of two environmental executive orders dating back decades shows that the appeals court's vacatur of two FERC reauthorizations of liquefied natural gas projects was unjustified.
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February 07, 2025
Trump's Tariff Moves Put Energy Cos. In Scramble Mode
President Donald Trump's aggressive use of tariffs in the early weeks of his administration has roiled the energy industry's long-term planning, and the fast-changing environment has companies scrambling to insulate themselves from potential financial hits.
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February 07, 2025
Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court
Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
Justices Deny Trump DOJ's Bid To Delay Three Energy Cases
The U.S. Supreme Court denied the Trump administration's request to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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February 07, 2025
Trump Admin Freezing EV Charging Station Funds
The Federal Highway Administration told state transportation department directors it is freezing a $5 billion initiative aimed at helping states deploy electric vehicle charging stations — a move the Sierra Club called both "illegal and terrible."
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 Lawyers 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
Lawsuits 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 Law 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 Law
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 Laws
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.