Environmental

  • September 16, 2025

    Order Halting Ørsted Wind Project Is Valid, Trump Admin Says

    The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.

  • September 16, 2025

    Insurer Must Arbitrate Chemical Injury Coverage Dispute

    An insurer must arbitrate its dispute with a homeowners association over coverage for underlying suits claiming that the association's pool contractor allowed hazardous chemicals to spread and injure patrons, a Virginia federal court ruled, finding that the policy's nonbinding arbitration agreement is enforceable under state law.

  • September 16, 2025

    Environmental Groups Say Gov't Won't Share Climate Docs

    Environmental groups have told a Massachusetts federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.

  • September 15, 2025

    FAA, SpaceX Get Early Win In Starship Enviro Review Suit

    A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.

  • September 15, 2025

    Insurer Asks Court To Deny Fla. Tree Co.'s Coverage After Fire

    An Ohio-based insurance company filed a lawsuit against a tree service and a funeral services business in Florida federal court, saying that it should not have to defend the company that was sued over cutting down the tree that caused a fire and resulted in $2 million in damage. 

  • September 15, 2025

    Environmental Rules On Chopping Block For Gov't Contractors

    The General Services Administration and Federal Acquisition Regulatory Council truncated their regulatory agendas, stripping rules aimed at minimizing forever chemicals and greenhouse gas emissions in government contracting, as part of the Trump administration's deregulatory program. Here, Law360 takes a look at the regulatory priorities for the two agencies.

  • September 15, 2025

    11th Circ. Told Fla. 'Radioactive' Road Suit Must Be Tossed

    The U.S. government and a fertilizer producer urged the Eleventh Circuit to toss an environmental nonprofit's challenge to the use of radioactive phosphogypsum on a private roadway, arguing the nonprofit lacks standing. 

  • September 15, 2025

    FERC Abandons Push To Update Pipeline Review Policy

    The Federal Energy Regulatory Commission has ended its long-gestating proceeding aimed at updating its gas infrastructure approval policy, saying the policy the agency initially enacted in 1999 remains sound.

  • September 15, 2025

    Campbell's Soup Admits To Thousands Of Lake Erie Violations

    The Campbell's Soup Co. on Monday admitted to the federal government's and environmental groups' allegations that it violated a Clean Water Act permit more than 5,000 times at its Lake Erie facility, leaving only its penalty to be decided.

  • September 15, 2025

    Energy Trader Tries To Sink CFTC Spoofing Case

    An energy trading firm and its owner asked an Illinois federal judge on Friday to grant summary judgment on the Commodity Futures Trading Commission's allegations they manipulated the crude oil market, saying the agency has put forward no evidence the owner intended to cancel the futures orders in question when he placed them.

  • September 15, 2025

    Stop & Shop Says Too Late To Swap Plaintiff In Wipes Suit

    Stop & Shop on Monday urged a Massachusetts federal court to deny a bid to substitute new plaintiffs in a suit alleging its flushable wipes are not flushable as advertised, saying the plaintiff hasn't shown good cause for the change 14 months after the amendment deadline.

  • September 15, 2025

    Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed

    Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.

  • September 15, 2025

    Charleston SC Not Appealing Dismissal Of Climate Suit

    Charleston, South Carolina, has ended its pursuit of climate change-related infrastructure damages from fossil fuel companies, electing not to appeal a state judge's dismissal of the city's lawsuit last month.

  • September 15, 2025

    EPA Backs Off Drinking Water Regs For 4 PFAS

    The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.

  • September 15, 2025

    9th Circ. Says Ore. Water Rights Case Is Still Relevant

    The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.

  • September 12, 2025

    8th Circ. Pauses Challenges To Abandoned Climate Regs

    The Eighth Circuit on Friday said it would wait to rule on challenges to Biden-era climate disclosure rules that the U.S. Securities and Exchange Commission has said it will no longer defend, giving the regulator time to decide what it wants to do with the rules.

  • September 12, 2025

    DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight

    The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.

  • September 12, 2025

    States, Tribes Say New Policy Warrants Ore. Dam Case Restart

    An Oregon federal judge granted a joint motion by two states, environmental groups and tribes to lift a five-year stay in a lawsuit over Columbia River Basin dams' hydropower practices and attempts to restore fisheries, following a Trump administration memo revoking a basin agreement.

  • September 12, 2025

    EPA To Spike Greenhouse Gas Reporting Program

    The U.S. Environmental Protection Agency on Friday proposed repealing a 15-year-old program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions, which the EPA said would save companies money.

  • September 12, 2025

    Liberty Wins Defense Reimbursement In Crane Damage Row

    A subcontractor's insurer must reimburse a Liberty Mutual unit for roughly $477,000 in defense costs stemming from settled litigation over property damage from an unsecured crane, a New York federal court ruled Friday, finding that a self-insured retention only applied with respect to the subcontractor.

  • September 12, 2025

    Chem Industry's Goals For Toxic Substance Law Face Hurdles

    The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.

  • September 12, 2025

    Trump Admin Asks Justices To Shut Down Climate Torts

    The Trump administration has urged the U.S. Supreme Court to put an end to climate change lawsuits brought by state and local governments against fossil fuel companies, arguing that such suits are barred by both the U.S. Constitution and Clean Air Act.

  • September 12, 2025

    Buyers Seek Final OK In $1.5M Rust-Oleum Greenwashing Suit

    A class alleging that Rust-Oleum Corp. has been "greenwashing" its cleaning products with labels claiming they are "non-toxic" and "Earth Friendly" is asking a California federal court to grant final approval of a $1.5 million settlement to resolve the suit.

  • September 12, 2025

    Insurer Doubles Down On Bid To Undo $1.1M Roof Verdict

    A North Carolina federal court adopted the wrong causation standard in its instructions to a jury that awarded a church $1.1 million over its roof damage claim under what is known as an all-risk property policy, the church's insurer told the Fourth Circuit, urging the appeals court to set aside the verdict.

  • September 12, 2025

    Magnesium Producer's DIP Rollup Denied Amid Enviro Row

    A Delaware bankruptcy judge on Friday rejected US Magnesium's request to roll up some $3 million in existing debt after the state of Utah argued that doing so would improperly grant a lender liens on unencumbered assets, saying the evidence didn't support approving the rollup so early in the Chapter 11 case.

Expert Analysis

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • Energy Order Brings Risks For Lenders And Borrowers Alike

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    A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

  • What's At Stake As Trump Admin Targets Carbon Markets

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    Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Trump Rule Would Upend Endangered Species Status Quo

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    The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Calif. Climate Superfund Bill Faces Legal, Technical Hurdles

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    California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Only Certainty About FAR Reform Order Is Its Uncertainty

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    The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Enviro Justice Efforts After Trump's Disparate Impact Order

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    The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.

  • The Risks Of Trump's Plan To Fast-Track Deregulation

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    A recent memorandum issued by President Donald Trump directing the repeal of so-called unlawful regulations, and instructing that agencies invoke the good cause exception under the Administrative Procedure Act, signals a potentially far-reaching deregulatory strategy under the guise of legal compliance, say attorneys at GableGotwals.

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