Environmental

  • October 23, 2026

    Tax Court Misread Easement Rules, 4th Circ. Told

    The U.S. Tax Court imposed conservation easement donation requirements beyond what the law allows in evaluating a property's condition and potential mining value, a partnership told the Fourth Circuit, seeking to overturn the 2025 denial of its charitable deduction.

  • October 23, 2026

    Feds Want Grant Ruling Foiling Priorities Stayed For Appeal

    The Trump administration asked a Massachusetts federal judge to pause a decision declaring that a grant termination clause does not allow agencies to scrap awards not aligned with its new priorities, claiming it is likely to prevail in a First Circuit appeal.

  • October 23, 2026

    EPA Grants Navajo Nation Key Clean Water Act Status

    The U.S. Environmental Protection Agency has approved the Navajo Nation's application that will allow the tribe to be treated in a similar manner to a state under the Clean Water Act for the National Pollutant Discharge Elimination System and sludge management programs.

  • October 23, 2026

    SpaceX, Tesla Special Committees Review Potential Merger

    After billionaire Elon Musk said earlier this week that a SpaceX and Tesla Inc. merger would be a "good idea," SpaceX confirmed in a filing that its board formed a special committee to evaluate a potential combination, while Tesla said it formed its own special committee to explore "deepening Tesla's relationship" with SpaceX.

  • October 23, 2026

    Trump Declines Tariffs On Wind Turbines, For Now

    The U.S. Trade Representative and U.S. Department of Commerce will negotiate with trading partners over the next 180 days to address national security threats posed by imported wind turbines and their associated parts, according to an executive order President Donald Trump signed that failed to mention tariffs on those products.

  • October 23, 2026

    Construction Co.'s Concrete Fill Blamed For Blocked Sewer

    A construction company filling in an abandoned sewer with concrete ended up blocking off 460 feet of active sewer main in a Pittsburgh neighborhood, according to a lawsuit the Pittsburgh Water and Sewer Authority filed in Pennsylvania state court.

  • October 22, 2026

    Syngenta's Pesticide Rebates To Face FTC Antitrust Trial

    Syngenta cannot escape the Federal Trade Commission's allegations it uses a loyalty rebate program to block competition from rival generic pesticides, a North Carolina federal judge ruled Thursday, saying it will be up to a jury to iron out whether the rebates are unlawful exclusive dealing.

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    Elsevier Beats Defamation Suit Over Air Purifier Article

    An indoor air quality company failed to prove academic publisher Elsevier acted with malice in printing an article questioning the effectiveness of its air purification technology sufficient to sustain a claim for defamation, a North Carolina federal judge ruled Thursday.

  • October 22, 2026

    PE Giants In Talks With NFL As Nscale Gets Heat Over IPO

    Blackstone and Apollo are in talks with the NFL about potential investment in teams, Nscale is working on a potential $45 billion deal to provide Anthropic with compute power as the data center developer faces questions over its lofty IPO valuation, and private equity-backed financial technology company IntraFi could be up for sale valued at more than $10 billion. 

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    Calif. Tribe Looks To Block Further Removal Of Wild Horses

    A California tribe is looking to block the federal government from removing any more wild horses from a protected habitat until the agencies fulfill their consultation obligations, arguing that complying with the law will not harm the department any more than 40 years of mismanagement has already.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness's bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 21, 2026

    Feds' Latest Wind Permit Move May 'Blow Up' Permitting Deal

    The Trump administration has again asked a federal court to let it reevaluate a permit issued for a proposed offshore wind project, a move that a co-architect of U.S. Senate permitting legislation said could derail the bipartisan bill.

  • October 21, 2026

    Utah Defends Approval Process For Northern Corridor Hwy

    A Utah county and a state agency said the law that designated a Mojave Desert national conservation area didn't prohibit a highway through it, as environmental groups alleged, but rather expressly called for a "transportation route" to be identified.

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wind Groups Say DOD Continues To Freeze Project Reviews

    Renewable energy backers asked an Oregon federal judge to enforce an injunction that blocked the U.S. Department of Defense from suspending reviews of proposed wind energy projects, arguing it has continued to miss deadlines and maintain an unlawful freeze on project reviews.

  • October 21, 2026

    Calif. Man Sues Rivian Over Cannabis Test Firing, Wages

    A Sacramento man is suing electric vehicle maker Rivian LLC in California state court, alleging he was wrongly fired after a cannabis test despite not being impaired or otherwise using cannabis at work, and that the company has not fully paid out his wages.

  • October 21, 2026

    Data Center Co. Looks To Toss Investors' Gas Wells Suit

    A data center infrastructure company told a Texas federal court to toss a proposed securities fraud class action that accused the company of damaging its stock value because of a hidden gas well transfer deal and a fraud lawsuit filed by New Mexico.

  • October 21, 2026

    Ecolab Agrees To Settle Pension Calculation Fight

    A proposed class of Ecolab Inc. retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated told a Minnesota federal judge the water management and sanitation company had agreed in principle to settle their federal benefits lawsuit, according to a court filing.

  • October 21, 2026

    Vendor Says Nonprofit Pulled Millions In Mass. Energy Funds

    A Massachusetts heating and cooling contractor says in a state court lawsuit that it committed millions of dollars toward boosting participation from low-income homeowners in a ratepayer-funded energy efficiency program, only to have the nonprofit agency administering the program unilaterally change the terms of its agreement to reallocate funds and contracts to other companies.

  • October 21, 2026

    Officer's Estate Blames Cancer On Philly Arsenal Pollution

    The estate of a former Philadelphia Police narcotics officer says the redevelopment of the former Frankford Arsenal into offices and condos exposed him to carcinogenic pollution left over from the property's decades developing munitions, according to a lawsuit filed in Pennsylvania state court.

Expert Analysis

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

  • DOE Energy Financing Overhaul Opens Paths For Developers

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    The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

  • How Texas' Protein Powder Probe Reflects Prop 65's Influence

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    Texas' recently announced investigation into contaminants in protein powder illustrates how California's Proposition 65, with its hundreds of listed chemicals, safe harbor levels and consumer warnings, may have an influence on enforcement and regulation in other states, say attorneys at Buchalter.

  • The Expanding Litigation Front Against The Data Center Boom

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    A survey of environmental and land use claims raised in disputes over data center projects across the country shows that the outcomes of these disputes will have significant implications not only for the future of data center development, but for infrastructure projects in general, say attorneys at Arnold & Porter.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • When And How To Use 4 Types Of Cross-Exam Questions

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    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Why Data Centers Must Focus On Water Stewardship

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    Reducing overall water use is important for data center developers and operators, but comprehensive water stewardship — including cooling system operation, chemical treatment, wastewater discharge, maintenance activities and interactions with municipal water infrastructure — is rapidly becoming both a regulatory expectation and a business imperative, say attorneys at Baker Donelson.

  • NY Bill Would Boost Litigation Risk For Cosmetics Cos.

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    The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

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    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

  • Mitigating The Risk Of Antiestablishment Jurors

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    The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

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