Environmental

  • September 16, 2025

    DOE Asks Judge To Pull Plug On States' Cost Cap Suit

    The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.

  • September 16, 2025

    Trump Admin Says Judge Can't Protect Agency Union Pacts

    If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.

  • September 16, 2025

    PacifiCorp Owes $63M In Latest Wildfire Trial

    An Oregon jury on Tuesday ordered utility PacifiCorp to pay $63 million in noneconomic damages to 10 people who fled from a group of 2020 wildfires, after hearing in closing arguments that some plaintiffs "didn't know they were going to make it out."

  • September 16, 2025

    Biz Groups Ask 9th Circ. To Block Calif. Climate Rules

    A coalition of business groups asked the Ninth Circuit to halt two new California climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks, while they appeal a lower court's refusal to preliminarily block the rules that they say violate their First Amendment rights.

  • September 16, 2025

    Judge Seeks Ga. Justices' Input On Bio-Lab Chemical Fire Suit

    A Georgia federal judge asked the state's Supreme Court for guidance on whether metro Atlanta residents can force a chemical plant to cover medical monitoring in the aftermath of a 2024 fire, writing that there's "considerable uncertainty" around whether such a remedy is permitted by Peach State law.

  • September 16, 2025

    DC Circ. Urged To Rehear EPA's HFC Market Allocation Case

    A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.

  • September 16, 2025

    Feds Can't Avoid Property Owners' Navy Flight Takings Claims

    A U.S. Court of Federal Claims judge rejected the government's attempt to shutter property owners' claims accusing the U.S. Navy of violating the Fifth Amendment by boosting flight operations at a Washington air strip, paving the way for a March trial.

  • September 16, 2025

    EPA Sued For Dropping Slaughterhouse Water Pollution Regs

    Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.

  • September 16, 2025

    BlackRock Blames Coal Production Cuts On Falling Demand

    BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.

  • September 16, 2025

    US Asks Court To Sink Vermont Climate Superfund Law

    The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.

  • September 16, 2025

    Plant Bailout Cost Approvals Were Premature, FERC Told

    Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.

  • September 16, 2025

    Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds

    The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.

  • 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.

Expert Analysis

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Reports Of Chemical Safety Board's Demise Are Premature

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    Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • Avoiding Unforced Evidentiary Errors At Trial

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    To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Resilience Planning Is New Key To Corporate Sustainability

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    While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.

  • Cos. Face EU, US Regulatory Tension On Many Fronts

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    When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.

  • How EU Is Tweaking Enviro Laws After US Trade Deal

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    While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Restored Charging Project Funds Revive Hope For EV Market

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    While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

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