Environmental

  • May 13, 2026

    EPA Must Reconsider Flame Retardant Regs, 9th Circ. Says

    The U.S. Environmental Protection Agency must revisit rulemaking on a flame retardant known as decaBDE, a Ninth Circuit panel said Wednesday, agreeing with a Native American tribe and environmental groups that the federal agency failed to adequately explain its past decisions declining to further regulate the chemical's disposal.

  • May 13, 2026

    Texas Biz Court Weighs If It Can Hear La. Antitrust Claims

    A Texas Business Court judge fielded dueling arguments Wednesday on whether the court should be able to hear claims brought under Louisiana antitrust and unfair trade practices laws, a move Exxon Mobil Corp. and its subsidiaries said is a no-go.

  • May 13, 2026

    Empire Wind Seeks Permanent End To Stop-Work Order

    The developers of a $4 billion offshore wind energy project that should power half a million New York homes once it's finished believe it's time for a D.C. federal judge to once and for all tell the Trump administration that it cannot interfere with its construction.

  • May 13, 2026

    4th Circ. Judge Flags Energy Shortage Harms In Pipeline Fight

    A Fourth Circuit judge on Wednesday appeared less than pleased with counsel for a collection of environmental groups during a hearing to consider halting construction on an interstate pipeline, calling attention to the "one sentence" devoted to the public harm of ongoing energy shortages.

  • May 13, 2026

    Insurers Accused Of Stonewalling On $2.7M Hurricane Claims

    A New Orleans church urged a Louisiana federal judge to reopen litigation in order to sanction Lloyd's of London underwriters and other insurers, accusing them of repeatedly impeding efforts to arbitrate a nearly 4-year-old $2.7 million dispute over hurricane damage coverage.

  • May 13, 2026

    Full 5th Circ. Weighs Jackson, Mississippi, Lead Poisoning Claims

    The full Fifth Circuit on Tuesday weighed whether to keep intact a lawsuit alleging the city of Jackson, Mississippi, poisoned its residents by allowing lead to leach into the water supply, asking what level of lead in the water would constitute "shocking the conscience."

  • May 13, 2026

    Conn. PFAS Plaintiffs Deny Forum Shopping In Montana Suit

    The City of Stamford and a local fire district are pushing back against a bid by 3M and others to sanction them for moving their claims from Connecticut to Montana, saying the sanctions bid misrepresents the facts and circumstances motivating them to join the litigation.

  • May 13, 2026

    10th Circ. Considers Fire Chief's Immunity In Termination Suit

    A Colorado fire chief urged the Tenth Circuit Wednesday to find a lower court erred in denying him qualified immunity after terminating a union president, with the three-judge panel questioning the relationship between the union's collective bargaining agreement and the U.S. Constitution's requirements.

  • May 13, 2026

    Vineyard Wind Contractor Asks Judge To Pull Work Order

    A GE Vernova subsidiary urged a judge in Boston to lift his order forcing it to continue as principal contractor for a major offshore wind project Wednesday, saying recent events undermine the narrative that the $4 billion venture's success hangs on the contractor staying.

  • May 13, 2026

    10th Circ. Doubts Bid To Undo Colo. Land Swap

    A Tenth Circuit panel appeared unsure that an appraisal of a land exchange between the federal government and a private landowner must be publicly disclosed under federal law, despite claims to the contrary from an attorney representing Colorado Wild Public Lands at oral argument Wednesday.

  • May 13, 2026

    Calif. Gas Station Leak Suit Came Too Late, Judge Says

    A California federal judge has dismissed a lawsuit accusing Marathon Petroleum Corp. and Tesoro Companies of failing to handle carcinogenic exposure from a gas station, saying the claims were brought too late.

  • May 13, 2026

    Atkore's $136M Deals In PVC Pipe Antitrust Row Get Initial OK

    An Illinois federal judge Wednesday granted preliminary approval to two settlements totaling over $136 million that Atkore Inc. has agreed to pay to resolve allegations it conspired with other polyvinyl chloride pipe producers to fix prices.

  • May 13, 2026

    Latham Guides Geothermal Startup Fervo's Upsized $1.9B IPO

    Geothermal energy developer Fervo Energy hit the public markets on Wednesday after raising $1.9 billion in its upsized initial public offering.

  • May 13, 2026

    5 Firms Steer Equinox, Orla Plan To Form $18.5B Gold Giant

    Five U.S. and Canadian law firms are advising Equinox Gold Corp. and Orla Mining Ltd. on a planned merger that would create an $18.5 billion entity and the second-largest producer of Canadian gold, the companies announced Wednesday.

  • May 12, 2026

    DC Circ. Asked To Review EPA Incinerator Standards

    Environmental groups and a waste management association asked the D.C. Circuit to review the U.S. Environmental Protection Agency's March update to 20-year-old emissions standards for municipal waste incinerators.

  • May 12, 2026

    Seeger Weiss, Motley Rice Want $675M In Bayer Deal Fees

    Plaintiffs attorneys with Seeger Weiss LLP, Motley Rice LLC, Ketchmark & McCreight PC, Holland Law Firm, Williams Hart Boundas LLP and Waters Kraus Paul & Siegel have asked for a fee award of $675 million for their work on the $7.25 billion Roundup settlement with Bayer AG, according to a petition.

  • May 12, 2026

    Mass. AG OKs Auditor Lawsuit, Ending Constitutional Spat

    The Massachusetts attorney general said on Tuesday she will allow litigation to proceed over whether the state legislature can be audited and will appoint special counsel to represent the state auditor, ending a high-profile showdown between two high-ranking elected officials.

  • May 12, 2026

    Feds Tell 9th Circ. They Have Last Word On Pipeline Restart

    A federal pipeline regulator told the Ninth Circuit on Monday it reasonably asserted jurisdiction over an oil pipeline system near Santa Barbara, California, and approved a Texas company's restart plan, saying challenges brought by California and environmental groups are unfounded.

  • May 12, 2026

    ABB To Sink $200M Into Grid Tech Manufacturing In Europe

    ABB has announced plans to invest $200 million over the next three years in European manufacturing capabilities as the electrification technology company eyes grid modernization needs driven by higher electricity and data center demand.

  • May 12, 2026

    ACLU, Other Groups Want To Back Mich. In ICE Facility Fight

    The American Civil Liberties Union was joined by several civil rights and immigrant advocacy groups in asking a Michigan federal court on Monday for permission to weigh in support of a suit filed by the state of Michigan and city of Romulus seeking to stop an immigration detention center from taking over a former warehouse site.

  • May 12, 2026

    Southern Utes Secure First Tribal Energy Resource Agreement

    The Southern Ute Indian Tribe has signed the first ever tribal energy resource agreement with the U.S. Department of the Interior that will allow the Indigenous nation to manage and develop energy resources on its own lands without having to obtain federal approval for each endeavor.

  • May 12, 2026

    NJ, ICE Pause Fight Over Planned Immigrant Detention Center

    The state of New Jersey and one of its municipalities on Tuesday temporarily paused their bid to block a planned immigration detention center after reaching an agreement with federal officials that halts most work at the site pending further environmental review.

  • May 12, 2026

    Fla. Court Won't Move Panther Habitat Suit To Different Judge

    A Florida federal judge denied a request Tuesday by a developer to move an Endangered Species Act suit challenging the approval of a project that environmental groups alleged encroaches on habitats for the federally protected Florida panther to another judge in the district, ruling that transfer is not warranted.

  • May 12, 2026

    Bus Idling Settlement Includes $5.6M Penalty, Engine Monitors

    Private bus operator Academy Express has agreed to pay $5.6 million and install tracking technology on its buses to settle allegations of unnecessary idling, according to a Massachusetts federal court filing.

  • May 12, 2026

    Florida Court Won't Stay Everglades Site Atty Access Order

    A Florida federal judge has rejected Gov. Ron DeSantis' bid to stay her preliminary injunction requiring noncitizens detained at the South Florida Detention Facility to have outgoing phone access to legal counsel, finding that his motion merely repeated prior arguments.

Expert Analysis

  • 3 Federal Policy Trends Shaping Data Center Power

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    With the White House, the Federal Energy Regulatory Commission and Congress each pushing energy policies that will influence how data centers are sited, powered and interconnected for years to come, industry stakeholders should understand compliance obligations, consider possible downstream effects, and evaluate off-grid and self-supply energy options, say attorneys at ArentFox Schiff.

  • What Voluntary Calif. Carbon Reports Show About Compliance

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    While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

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    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Parsing Rule 12(c) Motion Overuse In Securities Class Actions

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    Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

  • New DOD Framework Offers Key Guidance On PFAS Disposal

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    The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • How Cos. Can Prepare For California's Textile Recovery Act

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    Staged implementation of California's Responsible Textile Recovery Act, establishing the state's first extended producer responsibility program for apparel and textile articles, has begun — and companies that review their data readiness, contracts and exposure risks now will be best prepared when the act comes into full effect, says Thierry Montoya at FBT Gibbons.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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