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Environmental
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February 04, 2025
White House Lacks Authority To Issue NEPA Regs, Judge Says
The White House Council on Environmental Quality has no authority to issue binding National Environmental Policy Act regulations, a North Dakota judge has ruled, scrapping challenged regulations the Biden administration had enacted.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
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February 04, 2025
Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact
Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.
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February 04, 2025
US, Osage Nation Fight Bid To Stay $4.2M Wind Farm Order
The U.S. government is fighting a bid by Enel Green Power North America to stay a $4.2 million judgment and permanent injunction that requires it to remove 84 wind turbines from the Osage Nation's reservation, arguing that the company is unlikely to prevail in a Tenth Circuit appeal.
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February 04, 2025
Environmental Group Of The Year: Keller Rohrback
Keller Rohrback LLP attorneys secured a $160 million settlement for the city of Seattle in a lawsuit accusing Monsanto of forever-chemical contamination, and they won $126.4 million in damages against PacifiCorp for its role in igniting the 2020 Oregon wildfires, earning the firm a place among the 2024 Law360 Environmental Groups of the Year.
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February 03, 2025
4th Circ. Won't Block SC Mixed-Use Housing Project
The Fourth Circuit refused to temporarily block the development of a nearly 4,000-acre mixed-use Charleston, South Carolina, development project, ruling that the conservationists challenging the project failed to show that the federal government violated federal law after issuing a Clean Water Act permit for the project.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
Faulty LA County Wildfire Alerts Probed By Congress
A group of U.S. House of Representatives members from Los Angeles County launched an investigation Monday into false-alarm evacuation warnings accidentally sent to nearly 10 million people during last month's deadly wildfires, saying the incident "raises serious questions" about the Federal Emergency Management Agency's mobile alert system.
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February 03, 2025
Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict
A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.
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February 03, 2025
Exec Cops To Crashing Drone Into Plane Fighting LA Fires
The former president of Skydance Media's video game division has admitted to crashing his drone into a water-scooping airplane that was fighting Los Angeles' deadly and destructive Palisades Fire last month, according to a plea agreement in California federal court.
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February 03, 2025
Blank Rome Adds Ex-Babst Calland Litigator In Pittsburgh
Blank Rome LLP has expanded its Pittsburgh office with the recent addition of a business litigator who moved her practice after three years with Babst Calland Clements and Zomnir PC.
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February 03, 2025
Environmental Group Of The Year: Sidley Austin
Sidley Austin LLP attorneys over the past year have helped protect a large offshore wind energy project from multiple lawsuits, helped Cummins Inc. resolve a major federal investigation and helped force Alexandria, Virginia, to stop discharging coal tar into the Potomac River, earning the firm a spot as one of the 2024 Law360 Environmental Groups of the Year.
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February 03, 2025
Relief In Tribal Casino Fight Would Be Uncommon, Court Told
An Oregon tribe at the center of a dispute over the federal government's decision to approve a land-into-trust application for the state's first off-reservation casino says any attempt to void the process is moot, telling a federal court that an unfavorable ruling in the case would be unprecedented.
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February 03, 2025
Power Cos., States Ask DC Circ. To Dispose Of Coal Ash Rule
The U.S. Environmental Protection Agency acted arbitrarily and well beyond its authority when it enacted a new rule to strengthen federal regulations for coal ash, a score of electric utility entities and Republican-led states told the D.C. Circuit.
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February 03, 2025
US Steel, Nippon Say Election Politics Blocked $14.9B Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. on Monday filed their opening brief in a suit against former President Joe Biden and the Committee on Foreign Investment in the United States over a blocked $14.9 billion mega-merger, alleging the deal was blocked purely due to election-year politics and not national security as claimed.
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
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February 03, 2025
ADNOC, OMV Merger Talks Move Ahead In 'Positive Manner'
The Abu Dhabi National Oil Co. says talks with Austria's OMV to create a new global polyolefins group, potentially valued around $30 billion, are proceeding "in a constructive and positive manner."
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January 31, 2025
Funding Freezes 'Commonplace,' Feds Tell DC Judge
The Trump administration is asking a D.C. federal judge to throw out a lawsuit challenging a freeze on federal spending outlined in a since-rescinded memo from the White House budget office, telling the court that the withdrawal moots the litigation.
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January 31, 2025
Trump's Funding Moves Create Heartburn For Energy Cos.
The Trump administration's about-face on a federal funding freeze hasn't assuaged energy companies' fears that grants and loans they've been awarded may be in jeopardy, presenting legal and practical risks for projects counting on government cash.
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January 31, 2025
Ohio Businesses Hit Norfolk Southern With Derailment Suits
Norfolk Southern was hit with a slew of new lawsuits over the February 2023 train derailment and chemical spill in Ohio, including by two landlords who claim they lost tenants because of the environmental contamination.
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January 31, 2025
January's IPO Market Was Active Despite Tepid Debuts
Capital markets lawyers kept busy in January thanks to a sizable increase in initial public offerings, but the largest IPOs performed weaker than expected, likely sobering market participants' expectations going forward.
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January 31, 2025
Texas Demands Jury Trial In 'Forever Chemical' Suit
The state of Texas called on a federal judge to grant it a jury trial in litigation against 3M, DuPont and others for alleged "misrepresentations and key omissions" they made about so-called forever chemicals.
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January 31, 2025
LA Fire Claims Tracker Reports More Than $4.2B In Payments
More than $4.2 billion in claims has been paid in connection with the devastating Eaton and Pacific Palisades fires in Los Angeles County that erupted in early January, according to data from a California Department of Insurance tracker.
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January 31, 2025
Full DC Circ. Will Not Review White House NEPA Power Ruling
The D.C. Circuit on Friday rejected petitions for en banc review of a panel's ruling that the White House does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
Expert Analysis
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.