Environmental

  • June 30, 2025

    High Court Rejects Challenge To NM Nuke Storage Site

    The U.S. Supreme Court on Monday said a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in New Mexico.

  • June 30, 2025

    Justices Say Another Biofuel Waiver Case Fits In DC Circ.

    Following the U.S. Supreme Court's decision that the D.C. Circuit was the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, the high court on Monday granted summary disposition in another pending case on the same subject.

  • June 30, 2025

    High Court Won't Review Kentucky's Smog Plan Challenge

    The U.S. Supreme Court on Monday declined to review the Sixth Circuit's refusal to transfer Kentucky's challenge to the U.S. Environmental Protection Agency's disapproval of its ozone control plan to the D.C. Circuit, after ruling such cases belong in regional circuit courts. 

  • June 30, 2025

    Justices Seek SG's View In $1.2M Roundup Verdict

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.

  • June 30, 2025

    Justices Pass On Exxon Mobil $14M Clean Air Act Dispute

    The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.

  • June 30, 2025

    Supreme Court Won't Take On CWA Suit Over Wash. Port Regs

    The U.S. Supreme Court on Monday declined to wade into a dispute between a Washington state port and an environmental group over whether citizen suits seeking to enforce state permitting conditions that go beyond the Clean Water Act can proceed in federal court.

  • June 30, 2025

    Justices Take On Enbridge Pipeline Remand Fight

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that found Enbridge Energy LP missed a statutory deadline to transfer to federal court a lawsuit from Michigan's attorney general seeking to shut down one of the company's pipelines.

  • June 27, 2025

    Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'

    The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.

  • June 27, 2025

    Insurer Fights Cosmetic Co. Over Coverage For Pollution Row

    A Markel unit had no duty to defend a cosmetics company against prior water pollution claims simply because it agreed to defend a subsequent suit brought by the California attorney general, the insurer told a California federal court Friday.

  • June 27, 2025

    Hawaii Groups Look To Block Monument Fishing Permits

    Three conservation groups are looking to set aside an April decision by the Trump administration that gave the go-ahead for permit holders to commercially fish in the waters of a Pacific Coast national monument, telling a Hawaii federal court that destructive fishing has already started in the 400,000-square-mile site.

  • June 27, 2025

    Groups Sue To Protect Everglades From 'Alligator Alcatraz'

    Environmental groups sued Homeland Security Secretary Kristi Noem and Florida officials Friday in Miami federal court in a bid to halt the construction of a migrant detention center known as "Alligator Alcatraz" in the Everglades, alleging it wasn't properly vetted for how it will impact the protected wetlands.

  • June 27, 2025

    Texas Justices Give Uri MDL Plaintiffs Chance To Replead

    The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.

  • June 27, 2025

    Philly District Inks DPA With Feds Over Asbestos In Schools

    The School District of Philadelphia has agreed to federal oversight of its asbestos remediation efforts in its facilities after a five-year investigation revealed that it had fallen behind in dealing with airborne toxins from classrooms, the U.S. Attorney's Office for the Eastern District of Pennsylvania said Friday.

  • June 27, 2025

    Insurer Asks Court To Sort Out Paying Of $4.1M Settlement

    An insurer asked a California federal court to decide who should receive a $4.1 million settlement of a homeowner's fire claims, saying it could not determine who was entitled to the payment because of a number of lien notices filed as the settlement was finalized.

  • June 27, 2025

    3 DOL Policy Shifts On Benefits Attys' Radar

    Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.

  • June 27, 2025

    NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials

    Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.

  • June 26, 2025

    Bayer Investors' $38M Settlement Over Monsanto Deal OK'd

    A California federal judge on Thursday preliminarily approved Bayer AG's $38 million settlement with investors who accused the German multinational of downplaying litigation risks related to the weedkiller Roundup when it acquired Monsanto in 2018, saying the deal appeared to be "fair, reasonable and adequate."

  • June 26, 2025

    Calif. FAIR Plan Fire Policy Is Unlawful, Court Rules

    Fire insurance offered by California's insurer of last resort does not meet the minimum coverage standards laid out in the state insurance code, a California state court ruled, finding the policy's definition of "direct physical loss" and its smoke damage provision to be unlawfully restrictive.

  • June 26, 2025

    EPA Illegally Ended Environmental Justice Grants, Groups Say

    Environmental groups, a Native American village and other local governments have alleged in a proposed class action in D.C. federal court that the U.S. Environmental Protection Agency unlawfully stopped a $3 billion climate grant program created by the 2022 Inflation Reduction Act.

  • June 26, 2025

    Suit Blaming Big Oil For Heat Wave Death Moved To Fed Court

    Chevron removed to Seattle federal court a first-of-its kind wrongful death suit brought by the daughter of a woman who died during a 2021 heat wave alleging oil and gas giants — including BP PLC, ConocoPhillips and Shell PLC — knew for decades their fossil fuel products would one day "claim lives."

  • June 26, 2025

    Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale

    Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.

  • June 26, 2025

    FERC Chair Aims To Stay Beyond His Term's End

    As his potential replacement awaits a U.S. Senate confirmation hearing, Federal Energy Regulatory Commission Chairman Mark Christie said Thursday that he plans to oversee the agency's next monthly open meeting in July, but otherwise remained tight-lipped about his impending departure.

  • June 26, 2025

    Gordon Rees Adds Glazier Yee Toxic Tort Ace In LA, St. Louis

    Gordon Rees Scully Mansukhani LLP is expanding its litigation team, bringing in an environmental and toxic tort specialist from boutique firm Glazier Yee LLP as a partner in its St. Louis and Los Angeles offices.

  • June 26, 2025

    EPA Seeks To Appeal Flint Water Crisis Immunity Ruling

    The U.S. Environmental Protection Agency has asked a Michigan federal court for permission to appeal an immunity ruling in the Flint water crisis litigation to the Sixth Circuit, saying a trip to the federal appellate court could bring the case to a more efficient resolution.

  • June 26, 2025

    Akerman Adds Steptoe Energy Transactional Atty In DC

    Akerman LLP has hired a former Steptoe LLP partner who works on the regulatory, corporate and transactional aspects of energy deals and with related project development matters, the firm announced Wednesday.

Expert Analysis

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • As EPA Backs Down, Expect Enviros To Step Up Citizen Suits

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    As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Rethinking How To Engage Shareholders, Activists Via Proxies

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    ​​​​​​​This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • 5 Key Takeaways From Energy Secretary's Confirmation

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    The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Steel Cases Test Executive Authority, Judicial Scope

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    Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.

  • What Calif. Bill Could Mean For Battery Energy Storage

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    A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Reg Waiver Eases Calif. Rebuilding, But Proceed With Care

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    California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

  • Trump's Energy Plans: Climate, Data Centers, LNG And More

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    With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.

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