Environmental

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    3 Firms Steer Crescent, Devon On $4.2B Eagle Ford Deal

    Crescent Energy has agreed to buy Eagle Ford assets from Devon Energy for about $4.2 billion, with three firms advising on a deal that will expand Crescent's position in the South Texas oil and gas basin, the companies said Thursday.

  • October 08, 2026

    11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

    The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.

  • October 08, 2026

    Oil Co. Moves To Toss Landowners' Well Cleanup Claims

    Colorado landowners who won class certification in a federal suit accusing an oil and gas company of transferring well rights to avoid cleanup obligations faced the company's bid to dismiss court-ordered cleanup claims, with the company saying the landowners cannot show that any court order would result in the wells being plugged.

  • October 08, 2026

    Buffalo Sues Feds Over NY Tribe's Land Sale's Status

    The city of Buffalo is asking a New York district court to vacate the federal government's decision to place a 3.8-acre waterfront parcel in a restricted fee status for the Seneca Nation of Indians that could remove the property from the municipality's tax rolls.

  • October 08, 2026

    US Drops Appeal Of $49M In Grants Won By Wind Farm

    The U.S. government dropped its Federal Circuit appeal of a lower court's approval of $49.4 million in additional renewable energy cash grants for the country's second-largest wind farm, ending a 13-year dispute over the grant amount.

  • October 08, 2026

    Enviro Group, Feds End Suit Over Alaska Refuge Road Work

    The state of Alaska, the federal government and an environmental nonprofit have agreed to dismiss a dispute over a 500-acre land exchange that will allow road construction on Izembek National Wildlife Refuge lands.

  • October 07, 2026

    Trump Admin Challenge To Mich. Egg Rules Tossed

    A Michigan federal judge on Wednesday threw out the federal government's suit over the state's ban on eggs produced by caged hens, ruling that the government lacks standing to challenge the law.

  • October 07, 2026

    Justices Wary Of Prolonging Guam Ammo Disposal Suit

    The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.

  • October 07, 2026

    Alito Explains Recusal But Says It Shouldn't Become Practice

    U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

  • October 07, 2026

    SEC Says Climate-Tied Investor Actions May Pose Legal Risk

    The U.S. Securities and Exchange Commission on Wednesday released a report into its investigation of a successful push for eco-friendly board members at ExxonMobil, warning institutional investors and asset managers that joining forces to exert influence over corporations could open them up to additional scrutiny. 

  • October 07, 2026

    5th Circ. Won't Revive Suit Against Dishwasher Water Rule

    The Fifth Circuit agreed with a Texas federal court that the Energy Policy and Conservation Act requires suits challenging federal water efficiency standards for appliances to be filed in circuit court.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    Stoel Rives Recruits Wash. Water Rights Atty From K&L Gates

    Stoel Rives LLP has tapped a Pacific Northwest water rights lawyer to join its Seattle office as a partner, deepening the knowledge of the firm's environmental practice group with expertise in regulatory and infrastructure matters in industries ranging from tech to agriculture, the firm said Wednesday.

  • October 07, 2026

    USTR Probes EU Carbon Tax's Impact On US Trade

    The U.S. is considering whether the European Union's carbon import tax and proposals to expand its scope harm American producers, the U.S. Trade Representative's Office said.

  • October 07, 2026

    Brayman Says Concrete Flaws, Unpaid Bills Imperil DC Job

    Brayman Construction Corp. hit a joint venture awarded an $819 million design-build contract for the Potomac River Tunnel project with a breach of contract suit seeking more than $5.7 million in damages and a declaration excusing it from continued work.

  • October 06, 2026

    EPA's Climate Retreat Sidelined As Justices Weigh State Torts

    The Trump administration's recent moves renouncing its authority to regulate greenhouse gas emissions appear unlikely to sway the U.S. Supreme Court in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies, attorneys say.

  • October 06, 2026

    Roundup Expert Admits EPA Clear On Overall Lack Of Harm

    A toxicologist testifying in the latest Roundup trial acknowledged Tuesday that the U.S. Environmental Protection Agency's exhaustive 2017 review of glyphosate science found that the balance of the evidence didn't support a link between glyphosate and human cancer.

  • October 06, 2026

    NC Biz Court Bulletin: Monopoly Suit Setback, Historic Deal

    The North Carolina Business Court rounded the corner into fall with a setback for residents in an antitrust class action, a historic settlement in "forever chemical" contamination litigation and a raft of new restrictive covenant complaints.

  • October 06, 2026

    Hess, Gunpowder Co. Resolve NJ Pollution Suits For $24M

    Hess and a former munitions manufacturer will collectively pay $24 million to resolve the state of New Jersey's natural resource damages claims over alleged contamination from operations spanning five industrial sites, state officials announced this week.

  • October 06, 2026

    Ariz. Tribe Seeks Emergency Stop To Border Wall In DC Circ.

    The Tohono O'odham Nation is asking the D.C. Circuit for an emergency injunction pending appeal to block construction of a border wall on its Arizona reservation, telling the appellate court that the U.S. Department of Homeland Security intends to start construction as early as Monday.

  • October 06, 2026

    Trump Allows Dyed Fuel In Highway Use, Defers Excise Taxes

    President Donald Trump signed an executive order to temporarily allow road vehicles to use dyed diesel fuel that is typically used by off-road vehicles and to defer applicable federal excise taxes, the White House said.

  • October 06, 2026

    Energy Transfer Inks $2.6B Permian Bolt-On Acquisition

    Midstream energy company Energy Transfer LP has agreed to acquire Vaquero Midstream LLC for about $2.63 billion, with Sidley Austin LLP advising Energy Transfer and Willkie Farr & Gallagher LLP representing Vaquero, the companies announced Tuesday.

  • October 06, 2026

    GAO Supports EPA's Proposal Nix Over Technician's Skills

    The U.S. Government Accountability Office has said the U.S. Environmental Protection Agency was not obliged to consider the past performance of its current contractor when the company's proposal for the new contract failed to meet the minimum solicitation requirements.

Expert Analysis

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

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