Environmental

  • January 07, 2026

    IRS Backdated Docs In Easement Penalty Fight, Tax Court Told

    The Internal Revenue Service improperly backdated documents to impose steep civil fraud penalties over a claimed $48 million deduction for a Louisiana conservation easement donation and bypass the statute of limitations, a partnership alleged in the U.S. Tax Court.

  • January 07, 2026

    FERC Defends Grid Planning Policy Revamp At 4th Circ.

    The Federal Energy Regulatory Commission has told the Fourth Circuit that the overhaul of its regional transmission planning policy was needed to address a pervasive failure to efficiently build out the U.S. electric grid, and that allegations the agency acted unlawfully are meritless.

  • January 07, 2026

    Tax Funding Oil Spill Cleanups Has Expired, IRS Clarifies

    The Internal Revenue Service clarified Wednesday that the part of an added tax on crude oil and petroleum products earmarked for an oil spill cleanup fund expired at the end of 2025.

  • January 07, 2026

    Tribes, Feds Both Denied Early Win In Riverbed Rights Case

    The D.C. federal court won't give early victories to three Indigenous tribes or the federal government in a dispute with North Dakota over ownership rights of a Missouri River mineral bed, saying a review of the case underscores the need for it to go to trial.

  • January 07, 2026

    Poultry Cos. Seek Stay Of Water Pollution Ruling For Appeal

    Tyson Foods and other poultry operators found responsible for polluting Oklahoma waters with chicken waste argued that, without a stay in the court's judgment pending a Tenth Circuit appeal, companies not subject to its orders will have an economic advantage.

  • January 07, 2026

    Ørsted Expands Challenge To Halt Of Offshore Wind Projects

    Danish energy developer Ørsted has expanded its legal fight against the Trump administration's latest order halting offshore wind projects, filing a lawsuit claiming the order unlawfully blocks the construction of its Sunrise Wind project off the New York coast.

  • January 07, 2026

    New York Tribal Land Settlement Awaits Senate Approval

    A bill that would ratify a land settlement agreement among two tribes, New York and two of its counties that would return about 140,000 acres to reservation status is stalled in the U.S. Senate Committee on Indian Affairs.

  • January 06, 2026

    Feds Sue Calif. Cities To Extinguish Natural Gas Bans

    The Trump administration is going after two cities in California over building codes that ban natural gas infrastructure in newly constructed buildings, alleging in a lawsuit Monday that these local rules "impose crushing costs" on Californians and run afoul of federal law.

  • January 06, 2026

    GAO IDs 4 Funding Programs As Lacking Fraud Controls

    The U.S. Government Accountability Office has identified four federal agency funding programs as having failed to incorporate certain key requirements and leading practices meant to oversee and prevent fraud, waste and abuse in awards. 

  • January 06, 2026

    Calif. Tribe Rejects Feds' Delay In 40-Acre Land Transfer Fight

    A California tribe is asking a D.C. federal court to deny a bid by the U.S. Department of the Interior for an indefinite stay in responding to a challenge to the agency's decision to approve a 40-acre land transfer for a fellow state tribe's casino project.

  • January 06, 2026

    Calif. Locomotive Emissions Rule Repeal Ends Industry Suit

    A California federal judge on Tuesday dismissed a legal challenge from rail industry groups to a since-repealed regulation that would've required railroads to transition to zero-emission locomotives in the Golden State, closing the book on the dispute after the parties agreed to drop the case.

  • January 06, 2026

    Rick Perry's AI Energy Co. Hit With Post-IPO Lawsuit

    An artificial intelligence infrastructure company co-founded by former Texas Gov. Rick Perry is facing a proposed class action accusing it of overselling its key development in order to secure $745.7 million through an initial public offering.

  • January 06, 2026

    Goldberg Segalla Taps 17 Attys As Partners, 4 Special Counsel

    Goldberg Segalla LLP has elevated 17 lawyers to partnership roles to start the new year and has named four lawyers as special counsel, in the firm's smallest class of promoted attorneys in the past two years.

  • January 06, 2026

    Creek Nation Fights Okla. Over Tribal Hunting Rights

    The Muscogee (Creek) Nation has joined three fellow Oklahoma tribes in asking a federal court to block state wildlife officials from requiring tribal citizens to obtain state licenses to hunt and fish on their reservation lands, arguing that the practice violates its sovereignty and right to self-govern.

  • January 06, 2026

    San Diego Sues DHS Over Marines' Border Barrier

    The city of San Diego has sued the Department of Homeland Security over what it described as an unauthorized installation of razor-wire fencing by the U.S. Marines in a city-owned protected wildlife habitat area near the southern border.

  • January 06, 2026

    Top Personal Injury, Medical Malpractice Cases Of 2025

    A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.

  • January 05, 2026

    DC Circ. Says It Won't Rethink Emergency Air Rule Decision

    The full D.C. Circuit will not reconsider a panel's decision restoring air pollution-emitting facilities' right to defend themselves against violations of the Clean Air Act by blaming emergency circumstances.

  • January 05, 2026

    ​'Truly Extreme': 9th Circ. Judges Decry Trump Layoffs Ruling

    The Ninth Circuit on Monday refused to revisit a three-judge panel's decision rejecting the Trump administration's challenge of a lower court's ruling requiring production of its plans for large-scale layoffs and reorganizations at various federal agencies, a decision that was met with fiery dissent from several of the court's Republican-appointed judges.

  • January 05, 2026

    House To Review Trump's Veto On Tribal Everglades Bill

    Members of the U.S. House of Representatives have agreed to consider Thursday objections to President Donald Trump's veto of bipartisan legislation that would save a Florida tribe's camp within Everglades National Park from flooding.

  • January 05, 2026

    SEC Won't Review FINRA Delay On Carbon Offset Co. Petition

    The U.S. Securities and Exchange Commission has dismissed a bid brought by shareholders of Entrex Carbon Market Inc. to review what they said is the Financial Industry Regulatory Authority's harmful failure to act on the carbon offset trading platform's requests for a name change and approval of stock splits.

  • January 05, 2026

    NJ Panel Tosses Bid To Gut DEP Environmental Justice Rules

    A New Jersey appellate panel on Monday affirmed the state's sweeping environmental justice rules, rejecting consolidated challenges from industry and labor groups that argued the Department of Environmental Protection overstepped its statutory authority, relied on vague and overbroad definitions, and imposed arbitrary permitting burdens on facilities in heavily polluted communities.

  • January 05, 2026

    4 Firms Advise On Vistra's $4B Deal To Acquire Cogentrix

    Vistra Corp. said Monday it has agreed to acquire Cogentrix Energy from Quantum Capital Group in a deal valued at about $4 billion, with at least four law firms advising. 

  • January 05, 2026

    Conn. AG Challenges Reynolds' Win In 'Recycling' Label Suit

    The state of Connecticut has asked a trial court judge to rethink whether Reynolds Consumer Products willfully violated state unfair trade practices laws when labeling clear plastic Hefty bags as "recycling" bags, arguing the judge held the state to a higher burden than necessary when issuing a quick win.

  • January 05, 2026

    EU Sets Default Emission Levels For Carbon Border Tax

    The European Union released default levels of greenhouse gas emissions that importers must use to calculate liabilities for the newly enforced carbon border adjustment mechanism when they lack reliable information on the emissions associated with producing covered products.

  • January 05, 2026

    Partnership Fights Axed $60M Tax Break For Conservation Gift

    A partnership challenged the IRS' denial of its nearly $60 million tax deduction for protecting forestland and other open space in Georgia, telling the U.S. Tax Court the land could have been used for valuable granite mining before the partnership stopped it from being developed.

Expert Analysis

  • State Of Insurance: Q3 Notes From Illinois

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    Matthew Fortin at BatesCarey discusses notable developments in Illinois insurance law from the last quarter including a state appellate court's weighing in on the scope of appraisal, a pending certified question in the Illinois Supreme Court from the Seventh Circuit on the applicability of pollution exclusions to permitted emissions, and more.

  • Key Lessons From Youths' Suit Against Trump Energy Orders

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    A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.

  • Series

    Writing Novels Makes Me A Better Lawyer

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    Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

  • SDNY OpenAI Order Clarifies Preservation Standards For AI

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    The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

  • What EPA's Continued Defense Of PFAS Rule Means For Cos.

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    The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • How Gov't Reversals Are Flummoxing Renewable Developers

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    The Trump administration has reversed numerous environmental and energy policies, some of which have then been reinstated by the courts, making it difficult for renewable energy project developers to navigate the current regulatory environment, says John Watson at Spencer Fane.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • Bid Protest Spotlight: Documentation, Overrides, Eligibility

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    Recent decisions by the U.S. Court of Federal Claims and the U.S. Government Accountability Office illustrate the importance of contemporaneous documentation in proposal evaluations, the standards for an agency’s override of a Competition in Contracting Act stay, and the regulatory requirements for small business joint ventures, says Cody Fisher at MoFo.

  • Importers Face Uncertainty As Court Stays Solar Tariff Ruling

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    The overturning of a Commerce Department rule that allowed duty-free entry of solar cells between 2022 and 2024, now on appeal to the Federal Circuit, means the landscape for imported solar cells and modules is still in flux, while U.S. producers continue to rely on imports, say attorneys at Morgan Lewis.

  • Series

    Adapting To Private Practice: 3 Tips On Finding The Right Job

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    After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

  • Civil Maritime Nuclear Sector Poised For Growth, Challenges

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    The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.

  • Series

    Painting Makes Me A Better Lawyer

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    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • Using The GHG Protocol For California Climate Reporting

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    With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.

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