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The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.
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Environmental
WEDNESDAY, AUGUST 20, 2025

TOP NEWS

2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row

By Juan-Carlos Rodriguez

The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.

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Trump Energy Orders Suit Must Be Sustained, Youths Say

By Keith Goldberg

Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

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Sunnova's $118M Sale Can Proceed Despite Bank's Protest

By Ben Zigterman

A Texas bankruptcy judge Tuesday declined to undo a $118 million sale of almost all the assets of solar panel business Sunnova Energy International Inc., rejecting a St. Louis-area bank's argument that the debtor failed to disclose that nondebtor assets would be part of the transaction.

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Nonprofits, Union Fight Withholding Of AmeriCorps Funds

By Beverly Banks

A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.

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SPECIES PRESERVATION

Feds Say They'll Rescind Biden-Era Species Protections

By Juan-Carlos Rodriguez

The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.

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Chinese Co. Looks To Enforce $217M Salmon Farming Award

By Caroline Simson

Chinese agribusiness Joyvio Group Co. Ltd. is asking a Florida federal court to enforce a $217 million arbitral award it won following its nearly $1 billion purchase of a Chilean salmon farming business, after it emerged that the previous owners had deliberately inflated production capacity to drive up the price.

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CHEMICALS

Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit

By Katryna Perera

Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."

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OIL & GAS

Black Hills, NorthWestern Merge In $15.4B All-Stock Deal

By Jade Martinez-Pogue

Utility company Black Hills Corp., advised by Faegre Drinker Biddle & Reath LLP, on Tuesday announced plans to merge with Morgan Lewis & Bockius LLP-advised energy and infrastructure company NorthWestern Energy Group Inc. in an all-stock deal with a combined enterprise value of $15.4 billion.

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LAND USE

9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

By Crystal Owens

A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

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Ute Tribe Says 1880 Act Proves Land Ownership Claim

By Joyce Hanson

The Ute Indian Tribe asked the D.C. Circuit on Tuesday to reverse a lower court decision refusing to hand over ownership of federally managed land, saying a law dating back to 1880 required the U.S. executive branch to "set apart" lands for a new reservation.

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PEOPLE

DOJ Environmental Atty Joins McGuireWoods In DC

By Jack Rodgers

A former U.S. Department of Justice lawyer who helped the Biden administration fight for the removal of a 1,000-foot buoy barrier in the Rio Grande and defended EPA guidance on forever chemicals has joined McGuireWoods' office in Washington, D.C.

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EXPERT ANALYSIS

State AGs Are Turning Up The Antitrust Heat On ESG Actions

Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

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What 2 Profs Noticed As Transactional Law Students Used AI

After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

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LEGAL INDUSTRY

Analysis

Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

By Phillip Bantz

The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

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NY US Atty Hit With Complaint For Alleged Media Retaliation

By Madison Arnold

A collection of nonprofit organizations that support press freedoms has called for an ethics investigation of acting U.S. Attorney John A. Sarcone III of the Northern District of New York, saying he may have "unconstitutionally retaliated" against a newspaper that reported on him.

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5th Circ. Says NLRB Structure Likely Unconstitutional

By Tim Ryan

The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

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Bad Citations Aren't Always Sanctionable, Wash. Atty Argues

By Emily Sawicki

An attorney in Washington state vowed on Tuesday to appeal harsh sanctions an Arizona federal judge meted out Thursday over fake and misleading citations she included in an opening brief, releasing a statement arguing that the court's order "treats the mere existence of AI-hallucinated citations as an automatic violation" but "that is not what Rule 11 requires."

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Ex-Copyright Chief Says Trump Overstepped Role In Firing Her

By Ivan Moreno

The fired leader of the U.S. Copyright Office urged the D.C. Circuit to reject the Trump administration's arguments that her dismissal was lawful, asking the appeals court on Tuesday to return her to her job before Congress returns from recess Sept. 2.

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Family Alleging Firm's Girardi Conflict Denied Partial Win

By Craig Clough

A Los Angeles judge Tuesday denied a family's motion seeking judgment on declaratory relief claims in a $1.8 million malpractice lawsuit against a firm that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, saying disputed facts remain in the "unusual" case.

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Ex-Judge Gets Law License Back After Bribery Suspension

By James Boyle

A former Philadelphia Municipal Court judge can practice law in Pennsylvania again following a split state Supreme Court decision to reinstate his license that had been suspended after he admitted to accepting $90,000 to drop out of a congressional election.

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Ex-Holland & Knight Atty Wants Another Depo From Ex-Wife

By Hailey Konnath

A former Holland & Knight LLP partner battling Pennsylvania personal injury firm Fritz & Bianculli LLC in litigation stemming from an affair and his messy divorce has pushed for his ex-wife to sit for another deposition, arguing that she wrongly refused to answer relevant questions when she was first deposed.

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DOJ Asks Full 4th Circ. To Rehear Judges' Speech Dispute

By Britain Eakin

The U.S. Department of Justice petitioned the full Fourth Circuit to rehear a June panel decision reviving a free speech suit from an immigration judges union, saying it flouts U.S. Supreme Court precedent and implements a novel legal requirement.

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FCC Democrat Poised To Sue If Trump Seeks Her Removal

By Christopher Cole

The Federal Communications Commission's lone Democratic member said this week it would be unlawful for President Donald Trump to attempt to remove her from office and that she's willing to go to court if he tries.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Abir Cohen

Ballard Spahr

Bernstein Litowitz

Bochetto & Lentz

Bracewell LLP

Crowell & Moring

FLP Law Group

Faegre Drinker

Fox Rothschild

Fritz & Bianculli

Girardi & Keese

Grant & Eisenhofer

Holland & Hart

Holland & Knight

Hunton Andrews

Jackson Lewis PC

Kirkland & Ellis

Latham & Watkins

Lowell & Associates

Mayer Brown

McGuireWoods

Montgomery & Interpreter

Morgan Lewis

Motley Rice

Munger Tolles

Nemecek & Cole

Perkins Coie

Polsinelli PC

Quinn Emanuel

Rosing Pott

Sheppard Mullin

Sparks Law Firm

Thompson Coburn

Thompson Hine

Titla & Parsi

Tucker Law Group

Tucker Law Group LLC

UB Greensfelder

Woods Rogers

COMPANIES IN TODAY'S NEWS

3M Co.

American Bar Association

American Federation of State County & Municipal Employees

Apache Inc.

Axon Enterprise Inc.

Black Hills Corporation

BlackRock Inc.

Center for Biological Diversity Inc.

Cornell University

Corteva Inc.

Defenders of Wildlife

Democracy Forward Foundation

DuPont de Nemours Inc.

Energy Transfer LP

Enterprise Financial Services Corp.

LexisNexis Legal & Professional

LinkedIn Corp.

New York University

NorthWestern Energy Group Inc.

Our Children's Trust

PG&E Corp.

RELX PLC

Rocky Mountain Elk Foundation Inc.

SIFMA

Sierra Club

Skydance Media LLC

Space Exploration Technologies Corp.

State Bar of California

Sunnova Energy Corp.

Supervalu Inc.

The Boeing Co.

The Chemours Co.

The District of Columbia Bar

Washington State Bar Association

GOVERNMENT AGENCIES IN TODAY'S NEWS

Corporation for National and Community Service

Executive Office for Immigration Review

Federal Communications Commission

Federal Trade Commission

Fish and Wildlife Service

Florida Attorney General's Office

Library of Congress

Los Angeles Superior Court

National Labor Relations Board

Office of the Vermont Attorney General

Pennsylvania Supreme Court

San Carlos Apache Nation

Social Security Administration

U.S. Consumer Product Safety Commission

U.S. Copyright Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Interior

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of Florida

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Montana

Ute Indian Tribe

Vermont Department of Environmental Conservation