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Environmental
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October 06, 2025
Justices Won't Revisit Apache Land Exchange Dispute
The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.
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October 06, 2025
High Court Won't Take Up NY Tribal Eel Fishing Regs Dispute
The U.S. Supreme Court won't take up a Long Island tribe's petition that looks to undo a Second Circuit order that rejected its challenge to New York's regulations on eel fishing harvests, which argued that if the decision is upheld, it would give district courts gatekeeping roles on expert testimony.
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October 06, 2025
Supreme Court Rejects Wash. State Climate Law Challenge
The U.S. Supreme Court on Monday rejected Ohio-based Invenergy Thermal LLC's challenge to Washington state's Climate Commitment Act, which the company alleged illegally favors in-state power providers.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
Biden-Era Drilling Ban Memos Overstepped Law, Judge Says
A Louisiana federal judge handed a partial victory to Republican-led states and oil and gas industry groups in their lawsuits challenging now-rescinded Biden-era memos that closed off waters to offshore drilling, finding that the memos exceeded the president's authority.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
NY's Eel Fishing Limits Against Tribal Members Upheld
A New York federal judge ruled Friday that tribal members of the Shinnecock Indian Nation do not have aboriginal rights to fish, free from state regulation, in Shinnecock Bay on the South Shore of Long Island.
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October 03, 2025
Kiewit Deal Would Resolve Fight Over Marine Yard Runoff
Kiewit Corp. has agreed to pay more than $800,000 and employ new environmental protection practices under a tentative agreement between the construction firm and a Seattle environmental nonprofit, the parties told a federal judge in Washington.
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October 03, 2025
Kentucky Derby Owner Churchill Downs Sued In Escrow Fight
Churchill Downs Inc., the owner of the Kentucky Derby, has been sued in Delaware Chancery Court for allegedly withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 03, 2025
Fla. $608M FEMA Grant May Revive Detention Center Suit
A spokesperson for the Federal Emergency Management Agency confirmed Friday that it awarded Florida $608 million in reimbursement funds for building and running mass detention centers, including the so-called Alligator Alcatraz facility in Big Cypress National Preserve.
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October 03, 2025
Denver Tries To Ditch Suit Over Building Emissions Ordinance
The city and county of Denver have pushed for the dismissal of a suit filed by real estate trade groups challenging regulations on greenhouse gas emissions from buildings, arguing on Friday in federal court the goal of the regulations is "to avoid the injuries plaintiffs ascribe to it."
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October 03, 2025
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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October 03, 2025
Benzene At NC BASF Plant Caused Cancer, Ex-Worker Says
A former worker at a North Carolina vitamin plant is suing BASF Corp. and affiliates of Takeda America Holdings Inc. in North Carolina federal court, alleging BASF exposed her to benzene, resulting in her developing cancer later in life.
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October 03, 2025
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Stay In Camp Lejeune Case Would Harm Claimants, Court Told
Pressing pause on Camp Lejeune water litigation after the federal government shutdown is unduly detrimental to the thousands of people waiting for a remedy from exposure to contaminated water, a North Carolina federal court was told Friday.
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October 02, 2025
Dozens Of Localities Say Feds Can't Withhold Disaster Funds
A coalition of nearly 30 localities led by San Francisco and Santa Clara County, California, have sued the Trump administration over "unlawful" threats to withhold $350 million in funding for disaster and emergency response, claiming the government has placed conditions on the funding that exceed its authority.
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October 02, 2025
DHS Blocked From Pulling $233M In Funds From States
A Rhode Island federal judge has temporarily blocked the Trump administration from reallocating $233 million in federal funds away from a coalition of Democratic-led states, the same day an appropriation for the funds was set to expire.
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October 02, 2025
Feds Say Tribes In Ore. Casino Dispute Misconstrued Ruling
The U.S. Department of the Interior has asked a D.C. federal judge to approve its motion for summary judgment and to oppose three tribes' bid for a win in a suit over the agency's decision to take land into trust for another tribe's casino project.
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October 02, 2025
FERC Issues Trump-Ordered Rule To Phase Out 53 Regs
The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.
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October 02, 2025
Judge Ends USDA Rule On Chilean Grape Fumigation
A D.C. federal judge has vacated a 2024 rule change by the U.S. Department of Agriculture allowing the import of Chilean table grapes that have not been fumigated with methyl bromide for pest mitigation, ruling that regulators ignored the reliance interests of domestic growers when making the change.
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October 02, 2025
NC State Demands Monsanto Pay For 'Toxic' PCB Cleanup
North Carolina State University is looking to hold Monsanto Co. accountable for the contamination of one of its buildings, accusing the former agrochemical giant in North Carolina state court of marketing a chemical used in building materials despite knowing it was toxic.
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October 02, 2025
Mich. Judge Says State Must Face Edenville Dam Trial
A Michigan claims court judge has cleared the way for a January trial on Michigan's liability for the collapse of a privately owned dam that unleashed widespread flooding, denying the state's bid to end the litigation.
Expert Analysis
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Opinion
Furtive Changes To Federal Health Data Threaten Admissibility
A recent study showing that nearly 100 U.S. federal health datasets have been modified this year without any notation in official change logs should concern plaintiffs counsel, defense counsel and judges alike — because undermining data's integrity, authenticity and chain of custody threatens its admissibility in litigation, say attorneys at Kershaw Talley.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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ICJ Climate Opinion Raises Cos.' Legal, Compliance Risks
The International Court of Justice's recent advisory opinion on governments' climate change obligations could have important consequences for the regulated community — including a more complex compliance landscape, heightened legal risks for carbon-intensive activities, and renewed market and investor focus on climate issues, says J. Michael Showalter at ArentFox Schiff.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.
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ESG-Focused Activism Persists Despite Proxy Curbs
Shareholder activism focused on environmental, social and governance factors appears poised to continue, despite the U.S. Securities and Exchange Commission's recent move toward exclusions in proxy voting proposals around ESG, say attorneys at Mintz.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.