Environmental

  • 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.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    3 Firms Steer Crescent, Devon On $4.2B Eagle Ford Deal

    Crescent Energy has agreed to buy Eagle Ford assets from Devon Energy for about $4.2 billion, with three firms advising on a deal that will expand Crescent's position in the South Texas oil and gas basin, the companies said Thursday.

  • October 08, 2026

    11th Circ. Voids Fla. Septic Permit Ban Over New FWS Rule

    The Eleventh Circuit issued a win Thursday for Florida environmental regulators who had been ordered to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, saying the lower court relied on a federal rule that was no longer valid.

  • October 08, 2026

    Oil Co. Moves To Toss Landowners' Well Cleanup Claims

    Colorado landowners who won class certification in a federal suit accusing an oil and gas company of transferring well rights to avoid cleanup obligations faced the company's bid to dismiss court-ordered cleanup claims, with the company saying the landowners cannot show that any court order would result in the wells being plugged.

  • October 08, 2026

    Buffalo Sues Feds Over NY Tribe's Land Sale's Status

    The city of Buffalo is asking a New York district court to vacate the federal government's decision to place a 3.8-acre waterfront parcel in a restricted fee status for the Seneca Nation of Indians that could remove the property from the municipality's tax rolls.

  • October 08, 2026

    US Drops Appeal Of $49M In Grants Won By Wind Farm

    The U.S. government dropped its Federal Circuit appeal of a lower court's approval of $49.4 million in additional renewable energy cash grants for the country's second-largest wind farm, ending a 13-year dispute over the grant amount.

  • October 08, 2026

    Enviro Group, Feds End Suit Over Alaska Refuge Road Work

    The state of Alaska, the federal government and an environmental nonprofit have agreed to dismiss a dispute over a 500-acre land exchange that will allow road construction on Izembek National Wildlife Refuge lands.

  • October 07, 2026

    Trump Admin Challenge To Mich. Egg Rules Tossed

    A Michigan federal judge on Wednesday threw out the federal government's suit over the state's ban on eggs produced by caged hens, ruling that the government lacks standing to challenge the law.

  • October 07, 2026

    Justices Wary Of Prolonging Guam Ammo Disposal Suit

    The U.S. Supreme Court on Wednesday appeared wary of ruling that a Guam-based nonprofit can't challenge the U.S. Air Force's plan to explode expired munitions because its application to do so has yet to be approved by the territory's Environmental Protection Agency.

  • October 07, 2026

    Alito Explains Recusal But Says It Shouldn't Become Practice

    U.S. Supreme Court Justice Samuel Alito said this week he "reluctantly" recused himself from a dispute that could decide whether state and local government can sue Big Oil in state courts for damages related to greenhouse gas emissions, while suggesting the high court's members shouldn't make a practice of explaining their reasons for stepping away from cases.

  • October 07, 2026

    SEC Says Climate-Tied Investor Actions May Pose Legal Risk

    The U.S. Securities and Exchange Commission on Wednesday released a report into its investigation of a successful push for eco-friendly board members at ExxonMobil, warning institutional investors and asset managers that joining forces to exert influence over corporations could open them up to additional scrutiny. 

Expert Analysis

  • 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.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

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