Environmental

  • November 10, 2026

    Kennedys Say Trump's Arch Would Mar Arlington Gravesites

    The Kennedy family Tuesday threw its storied political weight behind litigation seeking to stop President Donald Trump's planned 250-foot arch just east of Arlington National Cemetery, saying the unlawful project "will permanently cast shadows" over their family's graves and the graves of U.S. military members.

  • November 10, 2026

    DC Judge Won't Pause Colombia Highway Award Suit

    A D.C. federal judge has denied a Colombian government agency's request to pause litigation aimed at enforcing a roughly $425 million arbitral award issued to a construction company after a highway contract was scuttled over environmental concerns.

  • November 10, 2026

    Renewables Investors Defend $400M Of Awards Against Spain

    Renewable energy investors have asked the D.C. Circuit to affirm decisions enforcing their arbitral awards against Spain that are collectively worth hundreds of millions of euros, arguing that nearly every court outside of Europe to consider the awards has rejected the country's attempts to undermine them.

  • November 10, 2026

    Feds Swiped State Power For Calif. Pipeline, 9th Circ. Told

    Environmental groups and the state of California have asked the Ninth Circuit to block the federal government's approval of a Texas company's restart plan for an oil pipeline system near Santa Barbara, arguing that regulation of the pipeline lies with the Golden State. 

  • November 10, 2026

    House Dem Tells Agencies, Cos. To Preserve Trump Records

    A Democratic representative warned federal agencies and private companies, including The Boeing Co., Chevron Corp. and TikTok, that they must preserve all documents related to the House Committee on Natural Resources' investigations of the Trump administration, following whistleblower reports that materials have already been illegally destroyed.

  • November 10, 2026

    Mont. Tribe Must Fix Water, Sewage System, Feds Say

    The municipal water and sewage systems within the Crow Tribe of Montana's reservation have fallen short of environmental and health standards for over a decade, the federal government claimed in a new suit and proposed consent decree filed Monday, seeking to combat purported ongoing infrastructure failures.

  • November 10, 2026

    Trump Asks High Court To Make Ballroom Decision Permanent

    President Donald Trump has asked the U.S. Supreme Court to make permanent its temporary order allowing construction to continue on the White House ballroom without further litigation, suggesting the justices could rely on an emergency docket ruling to quickly free the project from unnecessary "judicial superintendence." 

  • November 10, 2026

    Trump Admin Still Can't Cut Trees At DC Golf Course

    A D.C. federal judge issued a scathing order refusing to pause her injunction blocking the Trump administration from cutting down more trees at East Potomac Golf Course, rejecting the government's attempt to decouple the tree removals from its allegedly unlawful plan to develop a championship-style golf course.

  • November 10, 2026

    Feds Seek To Lift Power Line Injunction After Further Review

    The federal government has urged a Colorado federal court to lift a preliminary injunction partially blocking a utility's construction of a transmission line in the Nebraska Sandhills, arguing that the issues the court identified in an "incidental take" permit have been fixed.

  • November 10, 2026

    Tax Court Slashes Easement's Value From $45M To $325K

    The U.S. Tax Court slashed the value of a 231-acre Alabama conservation easement Tuesday to $325,000 from the original $45 million claimed for the 2017 tax year, finding the partnership seeking the related charitable deduction had failed to prove the property could operate as a mine.

  • November 10, 2026

    No 3rd Circ. Redo For Green Group Over Pa. Pipeline Permits

    The Third Circuit won't grant an en banc rehearing to an environmental group's challenge to a pair of Transcontinental Gas Pipe Line Co. pipeline projects in Pennsylvania, after ruling in October that the state's permitting process wasn't deficient.

  • November 10, 2026

    Easement Donors Filed Deficiency Cases Late, 11th Circ. Told

    Conservation easement donors missed the 90-day window to dispute the IRS' asserted deficiencies stemming from what it said was their overstatement of the donated property's value, the U.S. government told the Eleventh Circuit, arguing the deadline is not flexible.

  • November 10, 2026

    MVP: Beveridge & Diamond's James Auslander

    Jamie Auslander of Beveridge & Diamond PC won a pair of high-profile victories against the Trump administration's offshore wind farm crackdown, leading to the vacatur of a presidential order in one and resumption of work on a wind project in the other, earning him a spot as one of the 2026 Law360 Environmental MVPs.

  • November 10, 2026

    Landfill Co. Hits Garbage Collector With £1.4M Tax Claim

    A landfill operator is suing a garbage collection company for £1.4 million ($1.8 million) in tax, alleging that the collection company switched deliveries of waste to the landfill operator's sites, according to a court filing.

  • November 09, 2026

    9th Circ. Pauses Some Calif. Climate Disclosure Requirements

    The Ninth Circuit ruled Monday that California can require companies to report greenhouse gas emissions from their own operations or from purchased energy, but temporarily blocked the state from requiring reporting of indirect emissions and climate-related financial risk.

  • November 09, 2026

    Seattle Area Residents Aim To Relaunch Airport Pollution Suit

    Washington residents are seeking a federal judge's permission to revamp their proposed class action over alleged flight path pollution near the Seattle-Tacoma International Airport, with the goal of bringing federal claims against the airport operator and major airlines after the Ninth Circuit ruled out their previous state law claims.

  • November 09, 2026

    Calif. Voters Reject Prop. 45 Fast-Tracking CEQA Reviews

    Golden State voters have rejected the California Chamber of Commerce-backed Proposition 45, which would have limited reviews under the California Environmental Quality Act and allowed developers to fast-track most housing, water and health projects.

  • November 09, 2026

    Wash. Panel Nixes $10K Sanctions On Monsanto PCB Attys

    A Washington Court of Appeals panel has overturned a combined $10,000 in sanctions against four attorneys who defended Monsanto from chemical poisoning claims, concluding Monday that the trial court overstepped its authority by personally punishing the lawyers for late disclosure of expert witnesses.

  • November 09, 2026

    Permitting Bill Passes First Procedural Senate Vote

    An overhaul of the federal permitting process aimed at reducing red tape in infrastructure and energy projects cleared its first procedural vote in the U.S. Senate by a margin of 73 to 25 on Monday.

  • November 09, 2026

    Justices Signal Support For Feds In Pipeline Payout Fight

    U.S. Supreme Court justices Monday appeared inclined to conclude that federal law, and not state law, determines what gas infrastructure project developers should pay landowners in eminent domain proceedings.

  • November 09, 2026

    Supreme Court Lets DHS Resume Big Bend Wall Project

    The U.S. Supreme Court on Monday ruled the U.S. Department of Homeland Security can restart construction of a border wall that runs through Big Bend National Park in Texas, finding a lower court judge who halted the project likely lacked authority to do so.

  • November 09, 2026

    OpenAI, Local Officials Hid $20B Data Center Push, Suit Says

    OpenAI and the local government used secret meetings and nondisclosure pacts to keep plans for a massive South Georgia data center under wraps, a trio of Peach State residents said in a new lawsuit.

  • November 09, 2026

    Commerce Sets Early Duties On Chemicals From 4 Countries

    Imports of the chemical polytetramethylene ether glycol from China, South Korea, Taiwan and Vietnam are facing possible antidumping duties after the U.S. Department of Commerce on Monday preliminarily determined the products are being sold at less than fair value.

  • November 09, 2026

    MVP: Hueston Hennigan's Douglas Dixon

    Douglas Dixon of Hueston Hennigan LLP scored a series of jury trial and settlement wins for PacifiCorp as the power provider faced numerous damages claims from wildfires in 2020, earning him a spot as one of the 2026 Law360 Environmental MVPs.

  • November 09, 2026

    Milbank, White & Case Guide $4B LS Power, NRG Gas Deal

    LS Power has agreed to acquire six natural gas-fired power generation facilities across four U.S. states from NRG Energy Inc. for $4 billion, the companies announced Monday. 

Expert Analysis

  • Planning Personal Phone Collections Before Discovery Begins

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    For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

  • How Power Grid Delays Are Reshaping Data Center Deals

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    Texas' pause on permits while it studies data centers' effect on its electrical grid highlights the nationwide problem of yearslong interconnection delays, where the ways developers, investors and customers bridge that gap — and decide who bears the risk when it widens — increasingly determine whether a deal works, say attorneys at King & Spalding.

  • State Of Insurance: Q3 Notes From Illinois

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    In the past quarter, two Seventh Circuit rulings and an Illinois appellate decision applied state insurance law to issues ranging from the illusory coverage doctrine and an insured's right to independent counsel, to the time to commence uninsured motorist arbitration, says Matthew Fortin at BatesCarey.

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

  • DOE Energy Efficiency Rollbacks Portend Clashes With States

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    With the U.S. Department of Energy proposing rollbacks of energy efficiency regulations for numerous appliance types, backstop provisions in many states could come into play to preserve existing standards — but disputes over antibacksliding provisions in federal law and the limits of preemption mean court battles are likely, say attorneys at HWG.

  • Enviro Marketing Lessons From NY Greenwashing Ruling

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    A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

  • How Cos. Should Prepare For Democratic Oversight

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    Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

  • What 3 Cases Reveal About Solar Co. Financial Disclosures

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    Three recent securities suits involving Nextracker, SolarEdge and Enphase illustrate the challenges of evaluating financial representations in the solar industry, raising a common issue: Financial projections cannot be fully understood without examining the operating information and assumptions supporting them, says Rand Manasse at Green Lane Partners.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • Consistency Is Key In Pipeline Incident Investigations

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    A pipeline release that causes worker injury does not trigger one investigation, but five or more, running on different timetables, under different statutes, and new federal procedures may soon add more complexity — but companies must maintain one centralized record to ensure consistency throughout, say attorneys at Squire Patton.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • West Point Prof's Suit Tests Public Employee Speech Limits

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    A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.

  • Va. Data Center Order Shows State Air Permit Limits

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    A consent order over data center air pollution violations proposed by Virginia, which Microsoft recently agreed to, demonstrates why an emergency situation may not excuse state air permit noncompliance, and why emergency power reliability and environmental compliance cannot be evaluated in isolation, says Sanaa Chakibi at SICPA Securink.

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