Environmental

  • July 29, 2025

    9th Circ. Urged To Rehear Alaskan Willow Project Ruling

    Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.

  • July 29, 2025

    Affirmed Energy Says FERC Unlawfully Cut Auction Rights

    Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.

  • July 29, 2025

    11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit

    The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States." 

  • July 29, 2025

    OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair

    Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.

  • July 29, 2025

    No Coverage For $2.5M Herbicide Damage Row, Court Says

    An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.

  • July 29, 2025

    EPA Proposes Ditching GHG Danger Finding In Tailpipe Rule

    The U.S. Environmental Protection Agency on Tuesday proposed repealing an Obama-era finding that greenhouse gases endanger people's health and all vehicle emissions standards that relied upon that finding.

  • July 29, 2025

    Ford Settles Proposed Class Action Over Emissions Warranty

    Ford has settled a putative class action accusing it of violating the unfair competition law by failing to provide an emissions warranty for Golden State drivers whose vehicle transmissions weren't covered for seven years or 70,000 miles, according to a notice filed in California federal court.

  • July 29, 2025

    NC Engineer Says Green Energy Co. Withheld Stock Options

    A former engineer at a North Carolina climate technology company sued his ex-employer, claiming the company and its board refused to let him exercise his stock options after he left for another green energy business.

  • July 29, 2025

    Calif. Allows Retroactive Tax Exclusion For Solar Property

    California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.

  • July 29, 2025

    Judge Wants Docs On Feds' Role In Fla. Detention Center Suit

    A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.

  • July 29, 2025

    5 Firms Lead $2.48B Sale Of Piedmont Natural Gas' Tenn. Biz

    Duke Energy on Tuesday announced plans to sell its Piedmont Natural Gas Tennessee local distribution business to natural gas company Spire Inc. in a $2.48 billion all-cash deal that was built by five law firms.

  • July 29, 2025

    Judge Says Tug Operator Estate Liable For $14M Cleanup Bill

    A Washington federal judge ruled that the estate of a tugboat master is jointly and severally liable for about $14.4 million of oil cleanup costs the U.S. government incurred after a derelict fishing vessel being towed ran aground on the California coast.

  • July 29, 2025

    Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds

    A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.

  • July 28, 2025

    Patent Damages Explode As Practice Areas See Wild Swings

    Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.

  • July 28, 2025

    Apache Women Look To Block Arizona Site's Destruction

    A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.

  • July 28, 2025

    Rincon Band Says NEPA Reform Proposal Is Bad Idea

    The Rincon Band of Luiseño Indians says projects under the FCC's jurisdiction have historically "failed to adequately identify and assess historic properties of cultural and religious significance to Tribal Nations" and a proposal to loosen National Environmental Policy Act rules will make things only worse.

  • July 28, 2025

    Florida's AG Announces 'Climate Cartel' Investigation

    Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.

  • July 28, 2025

    Hawaii Fights Back Against US Bid To Block Climate Suit

    Hawaii on Friday asked a federal judge to throw out the Trump administration's "extraordinary and unprecedented" effort to block the state's climate change lawsuit against major energy companies.

  • July 28, 2025

    BLM Kills Biden-Era Policy Docs For Oil Drilling In Alaska

    The U.S. Bureau of Land Management on Monday rescinded three Biden-era actions that aimed to restrict development activities in Alaska's National Petroleum Reserve.

  • July 28, 2025

    Utilities Can Join 4th Circ. FERC Grid Policy Fight

    The Fourth Circuit said Friday that environmental groups, municipal utilities and electricity cooperatives, among many others, can intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.

  • July 28, 2025

    Fla. Says Tribe Can't Join Detention Center Row, Feds Shrug

    The Florida Division of Emergency Management's chief is objecting to the Miccosukee Tribe of Indians' effort to join green groups' legal fight against an immigration detention center constructed in the Everglades.

  • July 28, 2025

    Midstream Co. Says Contractor Caused $8M Spill In La.

    A Louisiana midstream company has told a Harris County court that a contractor tasked with controlling operations on a frac tank caused an $8 million oil spill, asking the court to order the contractor to reimburse it for the spill.

  • July 28, 2025

    Insurer Must Cover Runoff Settlement, Auto Co. Says

    An automobile auction company told a Texas federal court that a Liberty Mutual unit must indemnify a settlement reached over underlying claims that the company caused storm water runoff in neighboring properties when it cleared several parcels of land for car and machinery storage.

  • July 28, 2025

    Homeowners, Chubb Settle Water Damage Suit Ahead Of Trial

    Illinois homeowners and a Chubb unit agreed to end their dispute over coverage for damage caused by a burst water pipe during an extreme temperature drop, weeks after an Illinois federal court cleared the case for trial, according to a court filing.

  • July 28, 2025

    KKR Plugs AU$500M Into Australian Renewable Energy Biz

    Private equity giant KKR on Monday said that it has agreed to invest AU$500 million ($326.3 million) into Australian renewable energy company CleanPeak Energy to help it grow its distributed energy platform.

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • State Farm Rate Hike Portends Intensifying Insurance Crisis

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    The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • DOE Grant Recipients Facing Termination Have Legal Options

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    Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

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