Environmental

  • October 13, 2026

    Norfolk Southern Wants Out Of East Palestine Derailment Suit

    Norfolk Southern Corp. is asking an Ohio federal judge to throw out the East Palestine City School District Board of Education's latest complaint over the 2023 train derailment, saying the claims that the derailment cost the board tax money cannot stand up to court standards.

  • October 13, 2026

    Shell Says Enviro Group's Suit Retreads Pa. Settlements

    Shell Chemical Appalachia LLC wants a federal court to throw out an environmental group's lawsuit alleging air and water pollution from its ethane "cracker" plant in Monaca, Pennsylvania, arguing a pair of consent agreements with the state Department of Environmental Protection already address the same claims.

  • October 13, 2026

    Trump Admin Tests Permit Bill In Seeking Offshore Wind Redo

    The Trump administration wants to redo the approval of a wind project off the shores of Rhode Island, home to one of the architects of a U.S. Senate permitting bill who has warned that continued anti-wind and solar moves by the administration could derail the bipartisan bill.

  • October 13, 2026

    1st Circ. Nixes Lobster Fishers' Libel Suit Against Aquarium

    The First Circuit has ordered the dismissal of a defamation suit that lobster fishers brought against an aquarium that urged consumers to avoid buying lobster, finding the claims are barred because the report did not single out any of the plaintiffs.

  • October 13, 2026

    US Steel Says Insurers Must Cover $120M Mill Cleanup

    U.S. Steel said several insurers must indemnify the steelmaker for costs it has incurred investigating and cleaning up contamination from a long-demolished Minnesota steel plant, telling a Pennsylvania state court the insurers have refused to pay out multiple layers of policy.

  • October 13, 2026

    San Antonio Sues To Block New ICE Detention Center

    The city of San Antonio sued the U.S. Department of Homeland Security and its U.S. Immigration and Customs Enforcement agency Tuesday to stop the government from going forward with its "unlawful" plans to convert a 639,595-square-foot commercial warehouse into a 1,500-bed immigration detention facility.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    High Court Sends Back $28M Roundup Verdict After Durnell

    The U.S. Supreme Court on Tuesday remanded a case involving a $28 million award to a California man who developed non-Hodgkin lymphoma after using Monsanto's Roundup weed killer, following its recent ruling that federal law barred failure-to-warn claims over the pesticide.

  • October 09, 2026

    Roundup Often Got On Gardener Plaintiff's Skin, Jury Hears

    A plaintiff in a Roundup trial in Missouri state court testified Friday that she had the Monsanto Co. herbicide splash and spray on her during hourslong gardening sessions around her Florida home, where she said she is "not a shoe person."

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Mill Co. Says It's Immune To Suit Over Deadly Tank Collapse

    Nippon Dynawave Packaging Co. LLC, which runs a Pacific Northwest pulp and paper mill where 11 employees died after a chemical tank burst in May, has told a Washington judge that a wrongful death suit over the incident can't proceed because of the state's workers' compensation law.

  • October 09, 2026

    Species Protections May Differ By State Under Senate Bill

    A new U.S. Senate bill proposing to change federal agencies' consultation process for energy and infrastructure projects could lead to inconsistent wildlife protections in different states and includes some provisions that may ultimately be counterproductive to speeding up development.

  • October 09, 2026

    Hertz Settles Investors' Derivative Suit Over EV Fleet Losses

    The investor plaintiffs seeking damages on behalf of Hertz Global have settled with the company, its former CEO and other executives who they accused of breaching their fiduciary duties by releasing misleading statements about the demand for electric vehicles.

  • October 09, 2026

    Feds Say Calif. 'Clean Trucks' Pact Usurps Emissions Rules

    The Trump administration said Friday that California cannot usurp exclusive federal authority to set uniform motor vehicle emissions standards, urging a federal judge to strike down the Golden State's efforts to still enforce stricter emissions mandates on heavy-duty truck manufacturers in defiance of federal law.

  • October 09, 2026

    NM Groups Contest Militarization Of Public Land On Border

    A coalition of New Mexico groups has accused the Trump administration of unlawfully transferring more than 110,000 acres of public land along the southern border to the U.S. Department of Defense to close it off and rope the military into immigration enforcement.

  • October 09, 2026

    Taxation With Representation: Osler, Debevoise, Skadden

    In this week's Taxation With Representation, Emera and ATCO announce a merger to create a Canadian utility and energy infrastructure powerhouse, French technology giant Schneider Electric buys industrial software provider PTC Inc., and Wittington Investments Ltd. acquires health and beauty retailer Boots.

  • October 09, 2026

    Va.'s Arlington County Seeks To Halt Trump's 'Triumphal Arch'

    Arlington County, Virginia, has filed a lawsuit seeking to block the development of President Donald Trump's 250-foot "triumphal arch" between the Lincoln Memorial and Arlington National Cemetery, telling a Virginia federal court that his administration undertook a "cursory and conclusory" environmental assessment.

  • October 09, 2026

    Arizona Tribe Loses Bid To Pause Border Wall Construction

    A D.C. federal judge has denied an Arizona tribe's request to block border wall construction on its reservation pending appeal, saying the Indigenous nation hasn't identified any reason for reconsideration of a previous decision that reached the same conclusion.

  • October 08, 2026

    Roundup Is The Cancer Culprit For 3 Plaintiffs, Jury Hears

    A prominent oncologist testified Thursday that Roundup use is the factor responsible for the blood cancers of three plaintiffs, including one "without any risk factors" other than her use of the Monsanto pesticide.

  • October 08, 2026

    Duke Energy, Tech Giants Ink Data Center Cost Deal

    Duke Energy announced that it has reached a deal with North Carolina regulators, Amazon, Meta, Microsoft, Google and others to beef up existing protections to ensure ratepayers won't be burdened with costs incurred from data centers and other large-load customers in the Tar Heel State. 

  • October 08, 2026

    Feds Say End Of Chevron Deference Justifies ESA 'Harm' Rule

    The U.S. Fish and Wildlife Service and National Marine Fisheries Service told California and South Carolina federal judges that the Trump administration's redefinition of "harm" under the Endangered Species Act was permissible after the overturning of Chevron deference.

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Calif. Insurance Chief Hopefuls Debate Fix For Fire Market

    The two Democratic candidates running to be California's top insurance regulator clashed in a debate over whether fire insurance should be reformed within the private market or become the remit of a public system of disaster insurance.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    Colo. Landowners Sue To Block Data Center

    Colorado landowners sued Weld County and a data center developer, alleging that the county unlawfully approved the first phase of what they say will be the state's largest data center despite concerns about its water and electricity needs, noise pollution and violations of public meeting requirements.

Expert Analysis

  • 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.

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • Reel Justice: 'Disclosure Day' Teaches Attys To Listen

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    The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their practice — it is what makes effective representation and justice possible, says Veronica Finkelstein at Widener-Delaware Law.

  • Fashion Greenwashing Risk Goes From Reputational To Legal

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    Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • Trump Debarment Threat Calls For Targeted Defense Plan

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    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

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