Environmental

  • June 24, 2025

    Ohio Derailment Deal Admin Wants Explanation For Ouster

    The ex-administrator of Norfolk Southern's $600 million settlement with the people and businesses of East Palestine, Ohio, is asking a federal court to share why it was terminated, saying in filings Monday that the company had no idea the plaintiffs' counsel were going to ask for a new administrator.

  • June 24, 2025

    1st Circ. Undoes Inflated Biz Interruption Award For Drink Co.

    A Puerto Rico federal court wrongly maintained an award against an insurer that exceeded a beverage manufacturer's actual business income and extra expenses losses and was not supported by evidence at trial, the First Circuit held, reducing the total award from $1 million to approximately $686,000.

  • June 24, 2025

    Green Group Sues Forest Service Over NH Logging Project

    A green group on Monday asked a New Hampshire federal court to strike down the U.S. Forest Service's approval of a White Mountain National Forest logging project that the group said didn't get the proper environmental review.

  • June 24, 2025

    Alaska Must Challenge Tribe's Gaming Hall In Home State

    The state of Alaska must challenge federal approval for an Alaska Native tribe's gaming hall on its home turf and not in Washington, D.C., a D.C. federal judge ruled.

  • June 24, 2025

    Pollution Exclusion Applies Without Exception, AIG Unit Says

    An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.

  • June 24, 2025

    Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short

    Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.

  • June 23, 2025

    GOP Plan For Merging Agencies Faces Reckoning, And Alarm

    The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.

  • June 23, 2025

    Trump Admin Rescinds Clinton-Era 'Roadless' Logging Rule

    U.S. Secretary of Agriculture Brooke L. Rollins announced Monday that she was rescinding the longstanding "Roadless Rule" limiting the number of roads built in national forests, calling the 2001 rule "outdated," contrary to the "will of Congress" and an obstacle to "common sense management of our natural resources."

  • June 23, 2025

    Monsanto Settles With Families After 11th Seattle PCB Trial

    Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.

  • June 23, 2025

    Permit Delays Out Of Hand, Telecom Biz Tells Interior Dept.

    Telecom providers are still having a tough time getting federal permits approved for broadband projects, with the Bureau of Land Management causing severe delays, the industry's main trade group told the U.S. Department of the Interior.

  • June 23, 2025

    Green Groups Urge DOI To Force Companies To Plug Wells

    Conservation groups on Monday urged the Trump administration to block oil and gas companies with unplugged wells and inactive platforms from securing new offshore drilling rights, accusing the government of letting the companies use the ocean as their junkyard.

  • June 23, 2025

    NY Tribe Says Feds Ignore Public Health In Sanitation Fight

    The Saint Regis Mohawk Tribe has asked a New York federal court to order the Indian Health Service to turn over its authority to maintain sanitation facilities to the tribe, arguing that part of the IHS's public health mission is to ensure clean water and functioning sewage systems.

  • June 23, 2025

    Apache Nonprofit Asks Justices For Rehearing In Mining Row

    An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.

  • June 23, 2025

    NJ Justices Greenlight Renewed Bid For Roundup Mass Tort

    The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.

  • June 23, 2025

    Kennedys Expands With Litigators In Philly, Midwest

    Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.

  • June 23, 2025

    Coal Processing Co. Admits To Bypassing Pollution Controls

    The now-defunct Erie Coke Corp. has pled guilty to criminal violations of the Clean Air Act at its former lakefront facility, federal prosecutors have announced.

  • June 20, 2025

    Science Research Funding Cuts Blocked By Mass. Judge

    A Massachusetts federal judge Friday prohibited the Trump administration from cutting certain National Science Foundation research funding associated with facilities and administrative costs, ruling that the policy runs afoul of multiple laws and the government hasn't adequately explained its reasoning.

  • June 20, 2025

    San Antonio Pushes To Repair Park Amid Tribal Dispute

    The city of San Antonio has asked the Fifth Circuit to lift a stay on a tribal appeal after the Texas Supreme Court answered a question about a state law addressing religious practices, arguing that the high court's opinion rules out two Native Americans' claims.

  • June 20, 2025

    EPA Told To Explain Its Crop-Based Fuel Standards

    The D.C. Circuit on Friday returned a mixed opinion on challenges from green groups to the U.S. Environmental Protection Agency's 2023-2025 renewable fuel standards, upholding the agency's volume-setting process but ruling that its climate change analysis was arbitrary and capricious under the Clean Air Act.

  • June 20, 2025

    2nd Circ. Backs Chubb's Win In $49M Sandy Coverage Fight

    The Second Circuit on Friday cemented a Chubb unit's win in a decade-long dispute over a chocolatier's bid for an additional $49 million in coverage for Superstorm Sandy losses, affirming a decision denying the chocolatier's requests to set aside a jury verdict or hold a new trial.

  • June 20, 2025

    Ga. County Seeks Extension Of Feds' Sewer Update Deadline

    Georgia's DeKalb County has again asked a federal judge for more time to come into compliance with a federal consent decree requiring it to upgrade its sewer systems, arguing that recent assessments of the project have made the decree's timeline "substantially more onerous."

  • June 20, 2025

    Mich. Says Feds Can't Block AG's Climate Tort Suit

    The Trump administration's lawsuit to block Michigan from suing fossil fuel companies for climate harms is based on guesswork about a hypothetical lawsuit and should be dismissed, Michigan argued Friday.

  • June 20, 2025

    Attys Face Sanctions For 'Sweeping' Copying Of Firm's Motion

    A California federal judge has ordered The Neil Jones Food Co.'s defense counsel to explain why she shouldn't sanction them for filing a dismissal motion that appears to plagiarize a losing motion filed by another firm in another case in the district, slamming the "sweeping copy and paste" conduct as "patently unacceptable."

  • June 20, 2025

    Microplastics Focus May Force Change In Biz Practices

    The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.

  • June 20, 2025

    FERC Pauses Regulations To 'Speed Up' Natural Gas Projects

    The Federal Energy Regulatory Commission recently made moves including the enactment of a one-year waiver on a construction authorization policy in order to "speed up" natural gas infrastructure projects in the U.S., the agency has announced.

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • State Farm Rate Hike Portends Intensifying Insurance Crisis

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    The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • DOE Grant Recipients Facing Termination Have Legal Options

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    Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

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