Environmental

  • October 31, 2025

    FERC Faces DC Circ. Fight Over Pipeline Project Revival

    Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.

  • October 31, 2025

    Gov't Shutdown Puts Pause On Firefighting Foam PFAS Suits

    A South Carolina federal judge on Friday agreed to stay 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for so-called forever chemical contamination from firefighting foam as the government shutdown continues.

  • October 31, 2025

    Both Sides Claim Victory In Calif. Tribal Gaming Rights Fight

    A federal judge says the U.S. Department of the Interior's decision to temporarily nix gaming eligibility for a proposed $700 million casino project violated a California tribe's due process rights, but both sides are claiming victory as claims of violations of the Administrative Procedure Act and Fifth Amendment against the federal agency were also dismissed.

  • October 31, 2025

    Insurer, Subcontractor Settle Sinkhole Coverage Dispute

    A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim concerning a sinkhole at a Seattle ship canal project.

  • October 31, 2025

    Taxation With Representation: Skadden, Davis Polk

    In this week's Taxation With Representation, American Water Works Co. and Essential Utilities announce a merger, semiconductor companies Skyworks and Qorvo combine to create an industry giant, and Terex Corp. and REV Group team up to form a specialty equipment manufacturer.

  • October 30, 2025

    DC Circ. Judge Asks If Disputed Nuclear Rules 'Ignore Future'

    The D.C. Circuit asked the U.S. Nuclear Regulatory Commission whether it was "reasonable to ignore the future" when conducting environmental assessments for nuclear power plant license renewals during oral arguments Thursday morning.

  • October 30, 2025

    Garden Supply Co. Faces Suit Claiming PFAS In Products

    A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals."

  • October 30, 2025

    Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup

    A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals. 

  • October 30, 2025

    Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case

    A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders.

  • October 30, 2025

    State AGs Target 'Anticompetitive Recycling Practices'

    The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.

  • October 30, 2025

    Defamation Litigation Roundup: Drake, IRS, Greenpeace

    In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.

  • October 30, 2025

    Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds

    A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.

  • October 30, 2025

    Addleshaw Adds Eversheds Partner To Irish Disputes Team

    Addleshaw Goddard LLP has hired a top commercial litigator from Eversheds Sutherland to join its disputes practice as a senior partner in Ireland, saying he will contribute his expertise in planning, environmental law and dispute resolution to the international law firm.

  • October 30, 2025

    Senate Overturns Petroleum Reserve Drilling Limits In Alaska

    The U.S. Senate on Thursday approved the revocation of a Biden-era move rolling back a plan by the first Trump administration to expand oil and gas drilling in the National Petroleum Reserve in Alaska.

  • October 30, 2025

    California Returns 17,030 Acres To Tule River Tribe

    California Gov. Gavin Newsom on Wednesday announced the return of 17,030 acres of ancestral land to the Tule River Indian Tribe, calling it an effort to address "historical wrongs" committed against the tribe and other Native American tribes in the state.

  • October 30, 2025

    OpenAI Preps For IPO At $1T Valuation, Plus More Rumors

    Sam Altman's OpenAI is prepping plans for an initial public offering that could value the artificial intelligence behemoth at up to $1 trillion, Facebook-owner Meta is preparing for an up to $25 billion bond offering, and major banks are gearing up for the launch of a $38 billion debt offering to fund data centers to be used by technology giant Oracle.

  • October 30, 2025

    Green Groups Can't Intervene In Feds' NY Superfund Suit

    A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.

  • October 30, 2025

    Wash. Justices Reinstate $185M Monsanto PCB Verdict

    The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.

  • October 29, 2025

    Greenpeace Gets Dakota Pipeline Damages Cut To $345M

    A North Dakota state judge Wednesday reduced a jury's $666 million damages award against Greenpeace to $345 million in litigation claiming the group falsely disparaged the Dakota Access Pipeline project during environmental protests, finding that some of the damages awarded by the jury weren't backed by evidence.

  • October 29, 2025

    DOE's Data Center Proposal May Spark Grid Policy Turf War

    The Trump administration's push to convince the Federal Energy Regulatory Commission to enable the connection of data centers to the interstate transmission system may ignite a legal turf war with states over their authority to regulate retail electricity sales.

  • October 29, 2025

    BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions

    BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.

  • October 29, 2025

    5th Circ. Backs FERC's Approval Of Pacific NW Pipeline

    The Fifth Circuit has affirmed the Federal Energy Regulatory Commission's approval of a TC Energy Corp. natural gas pipeline, rejecting states' claims that FERC didn't fully consider costs to consumers and green groups' claims that an environmental review was inadequate.

  • October 29, 2025

    Climate Change Heat Death Suit Returns To Wash. State Court

    A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.

  • October 29, 2025

    Ga. Panel Partially Revives Solar Farm Property Dispute

    The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.

  • October 29, 2025

    Shutdown Forces Tribes To Pick Food Or Heat, Senate Told

    Native American nonprofit leaders say Indian Country is choosing between fuel and food after federal employee layoffs and what stands to be the longest government shutdown in U.S. history have forced tribes to burn through their emergency reserves to continue healthcare, housing and food services.

Expert Analysis

  • Opinion

    PFAS Reg Reversal Defies Water Statute, Increasing Risks

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    The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • CEQA Reform May Spur More Housing, But Devil Is In Details

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    A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.

  • What EPA Chemical Data Deadline Extension Means For Cos.

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    The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Tips For US Investors Eyeing Middle East Data Centers

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    While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Clean Energy Tax Changes Cut Timelines, Add Red Tape

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    With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.

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