Environmental

  • August 18, 2025

    Catching Up With Delaware's Chancery Court

    Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

  • August 18, 2025

    Judge Won't Pause Pipeline Suit For Top Court Review

    A Michigan judge on Monday said the state attorney general's legal fight over an Enbridge Energy LP pipeline in the Great Lakes can continue, even while the U.S. Supreme Court mulls whether the case belongs in state or federal court.

  • August 18, 2025

    Tribe, Groups Appeal Oak Flat Land Exchange To 9th Circ.

    The San Carlos Apache Tribe and environmental groups have filed a Ninth Circuit appeal looking to overturn an Arizona federal court judge's decision that denied their bid to block the transfer of 2,500 acres to a copper mining company that they say will crater an ancient Indigenous worship site.

  • August 18, 2025

    GrafTech Investors' Plant Contamination Suit Gets Tossed

    An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."

  • August 18, 2025

    $28M ND Pipeline Protest Case Paused Amid Settlement Talks

    A federal district court and the Eighth Circuit have paused a $28 million dispute between North Dakota and the United States over failure to control Dakota Access Pipeline protesters after the parties said they were negotiating to settle the case.

  • August 18, 2025

    Judge Rejects Energy Co.'s Bid To Toss $200M Hemp Suit

    AES Clean Energy Development LLC's argument that it was not the party responsible for breaking irrigation lines leading to an alleged $200 million in damages to two hemp growers is a problem to still resolve in a lawsuit against the company, a Colorado federal judge found in denying a motion to dismiss on Monday.

  • August 18, 2025

    Vt. Says It Has The Authority To Enact Climate Superfund Law

    Vermont has urged a federal judge to dismiss lawsuits challenging its recently enacted climate change Superfund law, saying it's a valid exercise of the state's authority to raise revenue and protect its citizens against environmental harms.

  • August 18, 2025

    AmeriCorps Restores $400M In Slashed Grants, Judge Told

    AmeriCorps told a Maryland federal judge Monday that the agency restored around $400 million in funding to nonprofits canceled under the Trump administration in April, saying the government doesn't plan to ax grants before they end.

  • August 18, 2025

    Texas Specialty Recycling Facility Files For Ch. 11

    A Texas company that recycles chemicals used in petroleum refining has filed for Chapter 11 in Texas, blaming equipment failures and unstable prices for the metals it recovers and seeking a sale by October to deal more than $403 million in debt.

  • August 15, 2025

    18 AGs, Governors Sue To Block DOE Funding Cap

    A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.

  • August 15, 2025

    DOJ Ramps Up Assault On Calif. Truck Emissions Standards

    The Trump administration increased its assault on California's stringent emissions standards for heavy-duty trucks, saying Friday that it has intervened in lawsuits to strike down the Golden State's attempts to still enforce its standards in defiance of federal law.

  • August 15, 2025

    Interior Dept.'s Clean Energy Rules Could Snag Grid Hookups

    Recent U.S. Department of the Interior moves to place additional regulatory and permitting burdens on renewable energy facilities may also cover projects those facilities need to get on the grid, the agency has told Law360.

  • August 15, 2025

    Texas AG Opens Investigation Into Xcel Over Panhandle Fires

    Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.

  • August 15, 2025

    5th Circ. Backs San Antonio's Park Plan Over Tribal Protests

    The Fifth Circuit has upheld a lower court order saying a San Antonio park has legitimate public safety issues that allow the city to implement a tree removal plan and rookery management measures while also giving tribal members access to a disputed area for religious ceremonies.

  • August 15, 2025

    IRS Strips 5% Safe Harbor In Solar, Wind Tax Credit Guidance

    Large-scale clean energy projects seeking to claim solar and wind tax credits before they expire under a new accelerated sunset schedule can no longer rely on a safe harbor to incur 5% of the building costs to establish eligible construction start dates under Internal Revenue Service guidance released Friday.

  • August 15, 2025

    Monsanto Asks Pa. Justices To Toss $175M Roundup Verdict

    Bayer AG unit Monsanto has asked the Pennsylvania Supreme Court to undo a $175 million verdict awarded to a man in a Roundup weedkiller cancer lawsuit, arguing federal law preempts state failure-to-warn claims in products liability cases.

  • August 15, 2025

    US Eyeing Tariffs, Port Levies Over Shipping Emissions Plan

    The U.S. government is considering tariffs, visa restrictions or port levies — and potentially a combination of those measures — in response to an intergovernmental plan to push the global shipping industry toward achieving net-zero greenhouse gas emissions, a U.S. Department of State spokesperson told Law360.

  • August 15, 2025

    'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs

    After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.

  • August 15, 2025

    Canada Says US Treaty Bars Mich. Closure Of Pipeline

    The Canadian government told a federal judge that Michigan's push to close an Enbridge pipeline segment crossing the Great Lakes is not allowed under an international treaty between the U.S. and Canada, and threatens grave harm to a vital energy partnership.

  • August 14, 2025

    DC Judge Halts Some USDA Climate Grant Terminations

    A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.

  • August 14, 2025

    Red States Back Feds' Push To End Trump Energy Orders Suit

    Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.

  • August 14, 2025

    5th Circ. Tosses Challenge To Texas Gas Terminal Permit

    The Fifth Circuit has dismissed an environmental group's petition challenging a permit issued by Texas regulators for a proposed liquefied natural gas terminal, finding that a previous permit for another project, which stipulated a lower emissions rate, has no bearing on the permit at issue here.

  • August 14, 2025

    Fla. Condo, Insurer Settle Hurricane Damage Coverage Suit

    An insurer and a Florida condominium association have settled a dispute over coverage for property damage caused by a September 2020 hurricane, according to a New York federal court filing.

  • August 14, 2025

    FCC Urged To Tackle Health, Enviro Impacts From Cellphones

    An environmental group called on the Federal Communications Commission to address what it sees as the agency's failure to meet a D.C. Circuit order from four years ago to back up the reasoning for its radiofrequency exposure limits.

  • August 14, 2025

    Shell Faces Retooled Clean Water Act Suit In Connecticut

    Conservation Law Foundation Inc. has retooled a Connecticut federal court lawsuit against Shell and several other petroleum companies that operate terminals in New Haven harbor on Long Island Sound, adding Connecticut Environmental Policy Act and Coastal Management Act claims to a Clean Water Act case filed in July 2021.

Expert Analysis

  • CEQA Reform May Spur More Housing, But Devil Is In Details

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    A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.

  • What EPA Chemical Data Deadline Extension Means For Cos.

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    The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Tips For US Investors Eyeing Middle East Data Centers

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    While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Clean Energy Tax Changes Cut Timelines, Add Red Tape

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    With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Trump Air Emissions Carveouts Cloud The Regulatory Picture

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    President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.

  • How Property Insurers Serve As Climate Change Harbingers

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    Thomas Dawson at McDermott discusses the role that U.S. property insurers may play in identifying and assessing climate risk, as well as in financing climate change adaptation projects, in light of global warming and shifting geopolitical realities.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

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