Environmental

  • March 26, 2026

    Baltimore Says 1998 Tobacco Deal Doesn't Block Litter Suit

    The city of Baltimore is urging a state court to not throw out its suit against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Liggett Group LLC over the environmental damage caused by nonbiodegradable cigarette filters, saying that a 1998 settlement doesn't preempt its claims.

  • March 26, 2026

    9th Circ. Reinstates Critical Habitat Designations For Seals

    The Ninth Circuit has reinstated critical habitat designations for two Arctic seal species, finding that federal wildlife officials were in line with the Endangered Species Act and were not required to consider foreign conservation efforts or habitats when establishing the regions.

  • March 26, 2026

    11th Circ. Affirms Slashing Tax Breaks For Conservation Gifts

    Two partnerships that claimed tens of millions of dollars in tax deductions for protecting 530 acres in Georgia from development grossly overvalued their contributions and rightfully drew penalties from the Internal Revenue Service, the Eleventh Circuit said in affirming a U.S. Tax Court decision.

  • March 25, 2026

    ICE Builds Out Detention Centers, And The Suits Pile Up

    U.S. Immigration and Customs Enforcement's surging need for detention space — fueled by increased funding and a rapid escalation in enforcement activity — has sparked litigation from local lawmakers and advocacy groups concerned by the agency's full-throttle approach and perceived disregard for surrounding communities.

  • March 25, 2026

    EV Co. Investors Get Final OK Of $13.3M Deal, Atty Fees

    Investors in bankrupt electric vehicle company Arrival have gotten final approval for their nearly $13.3 million deal ending claims the company touted a purportedly profitable business plan as it went public via merger with a special purpose acquisition company only to scale back its projections within a year of the merger announcement.

  • March 25, 2026

    Tax-Credit Cliff Sparks M&A Rush For Clean Energy

    The looming July cutoff to maintain eligibility for clean electricity investment and production tax credits is sparking a dealmaking spree as smaller developers who are unable to meet the deadline begin looking to sell projects to deeper-pocketed players who can.

  • March 25, 2026

    Truck Makers Say Calif. Can't Ditch 'Clean Trucks' Pact Suit

    Heavy-duty truck manufacturers have told a California federal judge that state officials cannot be allowed to circumvent federal law and saddle manufacturers with stringent emissions standards and stiff penalties for noncompliance, saying the Golden State's regulations are unequivocally preempted.

  • March 25, 2026

    Okla. High Court Says Fed Suit Will Decide Tribal Hunting Row

    The Oklahoma Supreme Court denied a bid by the governor to overturn a formal opinion by Attorney General Gentner Drummond that says U.S. law prohibits the state from citing tribal members for hunting and fishing on reservation lands, saying a federal lawsuit in the dispute will settle its legality.

  • March 25, 2026

    Groups Say Miner, Nonprofit Forum Shop In Chuckwalla Suit

    A group of California tribes and conservation nonprofits is accusing a Michigan miner and the BlueRibbon Coalition of venue shopping in their challenge to the establishment of the Chuckwalla National Monument, arguing that the case should be transferred to a district "with an actual stake in the suit."

  • March 25, 2026

    3 Canadian Law Firms Steer $6.5B Boralex PE Buyout

    Brookfield Asset Management and La Caisse have agreed to acquire all of Boralex Inc.'s outstanding shares in a deal that gives the Canadian renewable power producer an enterprise value of CA$9 billion, or about $6.5 billion, according to a deal announcement Wednesday. 

  • March 24, 2026

    'Bowling Ball' Tips Scale To FERC In Gas Project, Judge Says

    The Federal Energy Regulatory Commission requirement to strongly presume that projects like the liquefied gas export terminal it recently approved in Louisiana are in the public interest sits like a "bowling ball" on one side of the scales against environmental groups worried about pollution, said a D.C. Circuit judge.

  • March 24, 2026

    Nevada Tribe, Green Group Join Fight To Save Rare Toad

    A D.C. federal judge has granted bids by a Native American tribe and an environmental group to intervene in a Nevada geothermal company's suit challenging the U.S. Fish and Wildlife Service's listing of the Dixie Valley toad as an endangered species.

  • March 24, 2026

    10th Circ. Backs FERC's Overhaul Of Energy Co.'s Exit Fees

    A Tenth Circuit panel denied four petitions for review Tuesday from a not-for-profit energy cooperative serving rural areas after finding that its proposal for member exit fees was properly rejected by the Federal Energy Regulatory Commission and an administrative law judge in a five-year-long dispute.

  • March 24, 2026

    2nd Circ. Won't Recharge Solar Panel Co. Investor Suit

    The Second Circuit won't revive a proposed investor class action alleging solar panel infrastructure company Array Technologies failed to convey the impact of certain heightened costs stemming from the COVID-19 pandemic.

  • March 24, 2026

    Tech Biz Says DOE Wrongly Axed $86.9M Clean Energy Award

    A technology company has filed a U.S. Court of Federal Claims suit accusing the U.S. Department of Energy of unlawfully terminating an $86.9 million award issued during the Biden administration to develop a zero-carbon emissions method of manufacturing cement.

  • March 24, 2026

    Michigan Sues DHS, ICE Over Planned Detention Center

    The state of Michigan and the city of Romulus sued the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement in federal court Tuesday, seeking to block the planned conversion of a warehouse into a 500-bed immigration detention center.

  • March 24, 2026

    Md. Supreme Court Nixes Climate Torts Against Energy Cos.

    Maryland's highest court on Tuesday dismissed climate change lawsuits brought by local governments against fossil fuel companies, saying that state law can't be used to impose liability for global greenhouse gas pollution.

  • March 24, 2026

    Judge Keeps Only Patent Claims In Shoals' Solar Dispute

    A North Carolina federal judge reduced a solar energy patent dispute brought by Shoals Technologies Group, dismissing a state law unfair trade practice claim and an unfair competition claim but letting the infringement claims proceed.

  • March 24, 2026

    ITC Opens More Infringement Probes Into New IP Matters

    The U.S. International Trade Commission has launched more infringement investigations over patents and other intellectual property that have not been in dispute there before, a trend attorneys say could be tied to a decision broadening who can get imports blocked as well as changes at the U.S. Patent and Trademark Office that limit patent challenges.

  • March 24, 2026

    Baker Botts-Led Energy Drilling Firm HMH Eyes $231M In IPO

    HMH Holdings, a Houston-based oil and gas equipment manufacturer, said it is aiming to raise up to $231 million during an initial public offering set to price next week, after Baker Botts LLP and Latham & Watkins LLP advised plans for the IPO in 2024.

  • March 24, 2026

    NC Justices To Decide If AG Can Pursue DuPont Pollution Suit

    The North Carolina Supreme Court's conservative majority has agreed to take up an appeal by two DuPont spinoffs challenging the state attorney general's authority to sue them over forever chemical contamination, granting certiorari over the objection of their liberal colleagues.

  • March 24, 2026

    DC Judge Says Interior's Offshore Air Rule Not Arbitrary

    A D.C. federal judge has sided with the U.S. Department of the Interior and an oil and gas group in a suit by environmentalists challenging a 2020 final rule on air pollution, finding that the rule isn't arbitrary or capricious, and falls within the agency's discretion.

  • March 24, 2026

    $18M Deal Sparks Noncompete Fight In Del. Chancery

    Enviracore Services Group LLC has sued the former owner of an environmental services company it bought for about $18 million, accusing him of flouting a noncompete agreement, diverting business and withholding key assets in a dispute now before the Delaware Court of Chancery.

  • March 23, 2026

    Fertilizer Makers Hit With Proposed Price-Fixing Class Action

    A Missouri farm Monday filed a proposed class action accusing fertilizer companies of conspiring to fix the prices of nitrogen, phosphate and potassium products, adding to growing scrutiny of the fertilizer market.

  • March 23, 2026

    Calif. Sues To Stop Trump's 'Power Grab' To Restart Pipeline

    California slammed as a "breathtaking power grab" the U.S. Department of Energy's order directing Sable Offshore Corp. to restart a pipeline in Southern California that was shuttered in 2015 following a massive oil spill, asserting in a lawsuit Monday that the order is a "stunning usurpation" of state authority. 

Expert Analysis

  • New Rule Shows NRC Willing To Move Fast To Reform Regs

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    The Nuclear Regulatory Commission’s decision to forgo public comment and immediately rescind certain rules governing adjudicatory procedures, federal tort claims and disclosure of licensee information signals the agency's intent to accelerate the regulatory streamlining efforts ordered by the president this spring, say attorneys at Morgan Lewis.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Tapping Into Jurors' Moral Intuitions At Trial

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    Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Suncor Is Justices' Chance To Rule On Climate Nuisance Suits

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    If the U.S. Supreme Court chooses to hear Suncor Energy v. County Commissioners of Boulder County, Colorado, it will have the chance to resolve whether federal law precludes state law nuisance claims targeting interstate and global emissions — and the answer will have major implications for climate litigation nationwide, say attorneys at Liskow & Lewis.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • Prepping For 2026 Shifts In Calif. Workplace Safety Rules

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    California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • 6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise

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    As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.

  • Rule Update May Mean Simpler PFAS Reports, Faster Timeline

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    The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • New 'Waters' Definition Could Bring Clarity — And Confusion

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    Federal agencies have proposed a new regulatory definition of "waters of the United States," a key phrase in the Clean Water Act — but while the change is meant to provide clarity, it could spark new questions of interpretation, and create geographic differences in how the statute is applied, say attorneys at Bracewell.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • Categorical Exclusions Bring New NEPA Litigation Risks

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    With recent court rulings and executive actions shifting regulatory frameworks around the National Environmental Policy Act — especially regarding the establishment, adoption and use of categorical exclusions to expedite projects — developers must carefully evaluate the risks presented by this altered and uncertain legal landscape, says Stacey Bosshardt at Greenberg Traurig.

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