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Environmental
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January 27, 2025
Arnold & Porter Adds Former Interior Dept. Energy Solicitor
Arnold & Porter Kaye Scholer LLP has hired the former deputy solicitor for energy and mineral resources at the U.S. Department of the Interior, who is joining the firm's D.C. team as a counsel, the firm announced Monday.
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January 27, 2025
Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid
Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.
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January 27, 2025
High Court Passes On Solar Project Fine Levied Without Jury
The U.S. Supreme Court on Monday declined to review the Vermont Supreme Court's ruling that the state Public Utility Commission has the authority to bypass a jury trial and unilaterally impose civil penalties on solar energy project backers that allegedly cleared land without a permit.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Trump Admin Requests Justices Pause Three Energy Cases
The Trump administration on Friday asked the U.S. Supreme Court 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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January 24, 2025
Ga. Judge Gives Tentative OK To $1M PFAS Deal
A federal judge gave preliminary approval to a $1 million settlement in a sprawling class action over forever chemicals allegedly released from a north Georgia textile plant, potentially ending the involvement of one of the half-dozen chemical companies in the suit.
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January 24, 2025
Trump Fires Inspectors General Without Notice
President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.
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January 24, 2025
Enviros Want To Reopen Yellowstone Bison Suit
An environmental group has asked a Montana federal court to reopen a case over the management of Native American tribes' bison hunting on public land near Yellowstone National Park, saying new analysis is needed to determine whether the United States' national mammal can now roam free.
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January 24, 2025
Trump Energy Order Disrupts High-Profile NEPA Cases
One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.
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January 24, 2025
Law Students Scramble As Federal Gov't Yanks Job Offers
Law students across the country are scrambling to figure out their next steps after a range of federal agencies yanked job and internship offers this week because of the new hiring freeze imposed by the Trump administration.
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January 24, 2025
US Steel Will Pay $6.1M To End Suit Over Pa. Plant's Dust
U.S. Steel will invest $4.6 million in efforts to reduce dust pollution from its Edgar Thomson Works in Braddock, Pennsylvania, and will pay another $1.5 million to be split among residents of six neighboring communities, under a class action settlement that a state judge gave his preliminary approval.
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January 24, 2025
10 AGs Target Major Banks Over DEI, ESG Initiatives
Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.
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January 24, 2025
Norway's Orkla Selling Hydropower Portfolio In $545M Deal
Norwegian industrial investment company Orkla said Friday it has agreed to sell its entire hydropower portfolio in two separate transactions that value the portfolio at NOK 6.1 billion ($544.9 million).
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January 24, 2025
5th Circ. Won't Remand New Orleans Coastal Damage Suit
A Fifth Circuit panel denied New Orleans' bid to have a lawsuit alleging that Chevron, ExxonMobil and other pipeline companies damaged its coastal areas returned to a Pelican State court, affirming a decision that kept the litigation in federal courts as the companies requested.
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January 24, 2025
FBI 'Bait And Switch' Breached Suspect's Rights, Lawyer Says
FBI agents held an Israeli private investigator accused of hacking climate activists in custody without warning him of his right to remain silent, denying him a fair trial if he is extradited to the U.S., a lawyer testified in London on Friday.
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January 23, 2025
Atty Hit With TCPA Class Action Over Camp Lejeune Calls
A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.
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January 23, 2025
Davis Polk, Skadden Steer LNG Exporter's $1.8B IPO
Liquefied natural gas exporter Venture Global Inc. on Thursday priced an estimated $1.8 billion initial public offering within its downwardly revised range, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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January 23, 2025
NJ Town Loses Bid To Join NYC Congestion Pricing Suit
A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.
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January 23, 2025
Suncor Says Enviro Groups' Suit Duplicates Gov't Enforcement
Suncor USA Inc. told a Colorado federal judge that environmentalists suing it for allegedly violating emissions standards have improperly tied their claims to events that are already resolved or are being investigated by federal and state governments.
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
NC Biogas Co. Sidesteps Sanctions For Now In Lender Fight
A North Carolina Business Court judge held back on sanctioning a biogas company for allegedly violating a court order to pay its lender before pursuing new contracts on a renewable energy project, reasoning that he needs more information about the terms of the agreement to see if a contempt ruling is warranted.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Apple Sued Over Alleged PFAS In Smartwatch Wristbands
Apple Inc. is at least the second smartwatch maker to be hit with a proposed class action lawsuit accusing it of knowingly using toxic forever chemicals in manufacturing the devices' wristbands, according to a complaint filed in California federal court.
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January 22, 2025
Pa. Justices: NGA Doesn't Bar State Board's Permit Reviews
Pennsylvania's Environmental Hearing Board should have heard challenges to state regulators' approval of a natural gas compressor station, not dismissed them for lack of jurisdiction, Pennsylvania justices said Wednesday, ruling that the board's consideration of such disputes is not preempted by the federal Natural Gas Act.
Expert Analysis
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Hawaii Climate Insurance Case Is Good News For Energy Cos.
The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.