Environmental

  • September 12, 2025

    Insurer Doubles Down On Bid To Undo $1.1M Roof Verdict

    A North Carolina federal court adopted the wrong causation standard in its instructions to a jury that awarded a church $1.1 million over its roof damage claim under what is known as an all-risk property policy, the church's insurer told the Fourth Circuit, urging the appeals court to set aside the verdict.

  • September 12, 2025

    Magnesium Producer's DIP Rollup Denied Amid Enviro Row

    A Delaware bankruptcy judge on Friday rejected US Magnesium's request to roll up some $3 million in existing debt after the state of Utah argued that doing so would improperly grant a lender liens on unencumbered assets, saying the evidence didn't support approving the rollup so early in the Chapter 11 case.

  • September 12, 2025

    Calif. Court Refuses To Block Climate Reporting Rules, Again

    A California federal court judge would not bar two new state climate disclosure regulations while a coalition of business groups takes its bid for an injunction up to the Ninth Circuit, saying his perspective hasn't shifted since the groups' last injunction request. 

  • September 12, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.

  • September 11, 2025

    Energy Giants Largely Defeat Climate Change RICO Suit

    A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.

  • September 11, 2025

    Ex-Nikola CEO Seeks To Undo Investor Class In Fraud Case

    Former Nikola CEO Trevor Milton on Thursday asked an Arizona federal judge to decertify at least part of a class of investors accusing him and the company of exaggerating the viability of Nikola's technology and its business prospects, arguing the lead investors didn't identify and contact class members during discovery.

  • September 11, 2025

    CFTC Withdraws Biden-Era Voluntary Carbon Credit Guidance

    The U.S. Commodity Futures Trading Commission has withdrawn Biden-era guidelines that were intended to foster transparency and deter manipulation in the emerging market for voluntary carbon credits.

  • September 11, 2025

    Judge Won't Sink Calif. Offshore Oil Platform Suit

    A California federal judge has rejected Sable Offshore Corp.'s bid to toss a lawsuit accusing the federal government of failing to make the company update safety and pollution-control plans, saying the government's decision to not require an update doesn't sink green groups' allegations.

  • September 11, 2025

    Muscogee Can Continue Fight Over Ala. Burial Grounds

    A federal district judge has conditionally allowed the Muscogee Creek Nation to renew its challenge against an Alabama tribe in a dispute over a sacred burial site, saying it must first cure its sovereignty pleading problem before refiling the complaint.

  • September 11, 2025

    Trump Admin Should Release Climate Panel Docs, Judge Says

    A Massachusetts federal judge on Thursday encouraged the Trump administration to voluntarily turn over records from a recently disbanded panel that environmental groups say worked secretly with regulators to justify a proposed reversal of the government's longstanding position that greenhouse gases are a threat to public health.

  • September 11, 2025

    State Regulators Press FERC To Back $21.8B MISO Grid Plan

    Utility commissions in favor of a $21.8 billion transmission development plan told the Federal Energy Regulatory Commission this week that other state commissions challenging the plan are mischaracterizing their policy differences as tariff violations.

  • September 11, 2025

    IRS Forfeits Opposition In $37M Easement Dispute, Court Told

    Two partnerships seeking to reinstate their combined $37 million tax deductions for donating adjoining Georgia conservation easements told the Eleventh Circuit that the IRS has effectively forfeited its opposition to their claim that the U.S. Tax Court made valuation errors in reducing their tax breaks.

  • September 10, 2025

    Trump Admin's Push To Sunset Energy Regs Faces Hurdles

    Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.

  • September 10, 2025

    Consumers Defend Challenge To Nippon-US Steel Merger

    Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.

  • September 10, 2025

    Biz Groups Ask 4th Circ. To Revisit Ethylene Oxide Class Suit

    Business groups have urged the Fourth Circuit to reconsider a recent ruling that allowed a West Virginia woman's proposed class action to proceed against Union Carbide Corp. and Covestro LLC over ethylene oxide exposure, arguing that she doesn't have ground for her medical-monitoring claims.

  • September 10, 2025

    Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds

    The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.

  • September 10, 2025

    FERC Urged To Drop 'Ill-Conceived' Pipeline Review Updates

    Gas industry groups urged the Federal Energy Regulatory Commission to accept Secretary of Energy Chris Wright's request to scrap plans for greater environmental reviews for pipeline approvals, agreeing that they exceed FERC's authority and undermine regulatory certainty.

  • September 10, 2025

    BLM Says It Will Rescind Biden-Era Land Conservation Rule

    The U.S. Bureau of Land Management on Wednesday said it will roll back the Biden administration's Public Lands Rule, which the agency says improperly prioritizes land conservation over uses like energy development and livestock grazing.

  • September 10, 2025

    SC Residents Ask 4th Circ. To Revive Marsh Development Suit

    A group of South Carolina residents urged the Fourth Circuit to reverse the dismissal of their suit challenging a federal plan to develop tidal marshland that's allegedly already part of a state public trust that bars development.

  • September 10, 2025

    $7M Ida Damage Case Settles Amid 5th Circ. Arbitration Fight

    A New Orleans property owner and its insurers have resolved a dispute over coverage for a $7 million Hurricane Ida damage claim, amid a fight over whether the matter belonged in arbitration, the parties told the Fifth Circuit.

  • September 09, 2025

    PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told

    The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    NY Climate Law Challenge Moved To Join Similar Case

    A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.

  • September 09, 2025

    States, Oil Groups Push For Wins In Drilling Ban Fight

    Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.

  • September 09, 2025

    Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions

    California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.

Expert Analysis

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Opinion

    Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast

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    Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • House Bill Tax Tweaks Would Hinder Renewable Projects

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    Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.

  • What Gene Findings Mean For Asbestos Mesothelioma Claims

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    Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • Energy Order Brings Risks For Lenders And Borrowers Alike

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    A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

  • What's At Stake As Trump Admin Targets Carbon Markets

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    Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

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