Environmental

  • September 11, 2025

    Energy Giants Largely Defeat Climate Change RICO Suit

    A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.

  • September 11, 2025

    Ex-Nikola CEO Seeks To Undo Investor Class In Fraud Case

    Former Nikola CEO Trevor Milton on Thursday asked an Arizona federal judge to decertify at least part of a class of investors accusing him and the company of exaggerating the viability of Nikola's technology and its business prospects, arguing the lead investors didn't identify and contact class members during discovery.

  • September 11, 2025

    CFTC Withdraws Biden-Era Voluntary Carbon Credit Guidance

    The U.S. Commodity Futures Trading Commission has withdrawn Biden-era guidelines that were intended to foster transparency and deter manipulation in the emerging market for voluntary carbon credits.

  • September 11, 2025

    Judge Won't Sink Calif. Offshore Oil Platform Suit

    A California federal judge has rejected Sable Offshore Corp.'s bid to toss a lawsuit accusing the federal government of failing to make the company update safety and pollution-control plans, saying the government's decision to not require an update doesn't sink green groups' allegations.

  • September 11, 2025

    Muscogee Can Continue Fight Over Ala. Burial Grounds

    A federal district judge has conditionally allowed the Muscogee Creek Nation to renew its challenge against an Alabama tribe in a dispute over a sacred burial site, saying it must first cure its sovereignty pleading problem before refiling the complaint.

  • September 11, 2025

    Trump Admin Should Release Climate Panel Docs, Judge Says

    A Massachusetts federal judge on Thursday encouraged the Trump administration to voluntarily turn over records from a recently disbanded panel that environmental groups say worked secretly with regulators to justify a proposed reversal of the government's longstanding position that greenhouse gases are a threat to public health.

  • September 11, 2025

    State Regulators Press FERC To Back $21.8B MISO Grid Plan

    Utility commissions in favor of a $21.8 billion transmission development plan told the Federal Energy Regulatory Commission this week that other state commissions challenging the plan are mischaracterizing their policy differences as tariff violations.

  • September 11, 2025

    IRS Forfeits Opposition In $37M Easement Dispute, Court Told

    Two partnerships seeking to reinstate their combined $37 million tax deductions for donating adjoining Georgia conservation easements told the Eleventh Circuit that the IRS has effectively forfeited its opposition to their claim that the U.S. Tax Court made valuation errors in reducing their tax breaks.

  • September 10, 2025

    Trump Admin's Push To Sunset Energy Regs Faces Hurdles

    Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.

  • September 10, 2025

    Consumers Defend Challenge To Nippon-US Steel Merger

    Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.

  • September 10, 2025

    Biz Groups Ask 4th Circ. To Revisit Ethylene Oxide Class Suit

    Business groups have urged the Fourth Circuit to reconsider a recent ruling that allowed a West Virginia woman's proposed class action to proceed against Union Carbide Corp. and Covestro LLC over ethylene oxide exposure, arguing that she doesn't have ground for her medical-monitoring claims.

  • September 10, 2025

    Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds

    The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.

  • September 10, 2025

    FERC Urged To Drop 'Ill-Conceived' Pipeline Review Updates

    Gas industry groups urged the Federal Energy Regulatory Commission to accept Secretary of Energy Chris Wright's request to scrap plans for greater environmental reviews for pipeline approvals, agreeing that they exceed FERC's authority and undermine regulatory certainty.

  • September 10, 2025

    BLM Says It Will Rescind Biden-Era Land Conservation Rule

    The U.S. Bureau of Land Management on Wednesday said it will roll back the Biden administration's Public Lands Rule, which the agency says improperly prioritizes land conservation over uses like energy development and livestock grazing.

  • September 10, 2025

    SC Residents Ask 4th Circ. To Revive Marsh Development Suit

    A group of South Carolina residents urged the Fourth Circuit to reverse the dismissal of their suit challenging a federal plan to develop tidal marshland that's allegedly already part of a state public trust that bars development.

  • September 10, 2025

    $7M Ida Damage Case Settles Amid 5th Circ. Arbitration Fight

    A New Orleans property owner and its insurers have resolved a dispute over coverage for a $7 million Hurricane Ida damage claim, amid a fight over whether the matter belonged in arbitration, the parties told the Fifth Circuit.

  • September 09, 2025

    PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told

    The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    NY Climate Law Challenge Moved To Join Similar Case

    A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.

  • September 09, 2025

    States, Oil Groups Push For Wins In Drilling Ban Fight

    Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.

  • September 09, 2025

    Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions

    California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.

  • September 09, 2025

    Mitsubishi Accused Of Dodging Pollution Regs With Deception

    Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws. 

  • September 09, 2025

    Band-Aid Buyers Defend Standing, Claims In J&J PFAS Suit

    A proposed class of consumers is urging a New Jersey federal court to deny a motion by Kenvue Inc. and Johnson & Johnson seeking to dismiss claims that the companies hid the presence of a group of chemicals known as PFAS in Band-Aid products.

  • September 09, 2025

    11th Circ. Told Insurers Wrongly Denied $5.6M To Railroad Co.

    A Florida railroad company incurred minimal losses from Hurricane Irma in 2017 because it took measures to protect its property, but insurers unfairly used the preventive efforts to justify denying coverage for $5.6 million worth of costs under an all-risk policy, it told an Eleventh Circuit panel on Tuesday.

  • September 09, 2025

    11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit

    Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."

Expert Analysis

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    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.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    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.

  • Top Takeaways From Trump's AI Action Plan

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    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

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    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

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