Environmental

  • October 01, 2025

    EPA Seeks Dismissal Of Flint Bellwethers, Says It's Not Liable

    The U.S. Environmental Protection Agency has defended its timing of using its authority to issue a Safe Drinking Water Act order regarding lead in the city of Flint's water, urging a Michigan federal judge to dismiss claims from bellwether plaintiffs who alleged the agency was negligent in its response to the crisis.

  • October 01, 2025

    EPA Proposes Rolling Back Biden HFC Ban Deadline

    The U.S. Environmental Protection Agency on Tuesday proposed a new rule that would extend the compliance deadline for and revise other parts of a Biden administration-era rule that bars hydrofluorocarbons in refrigeration, air conditioning and heating products if more "climate friendly" alternatives are available.

  • October 01, 2025

    White House Issues New NEPA Guidance To Federal Agencies

    The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.

  • October 01, 2025

    Ohio Says Norfolk Southern Fully Liable In Derailment Suit

    Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.

  • October 01, 2025

    Peru Says Mining Co. Can't Revive $417M Penalty Claim

    Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.

  • September 30, 2025

    DC Circ. To Decide If Renewable Fuel Exemption Fight Moot

    The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.

  • September 30, 2025

    US Worker Unions Slam 'Unlawful' Shutdown Firing Threats

    The American Federation of Government Employees and the American Federation of State, County and Municipal Employees sued Tuesday over the Trump administration's threats to fire federal workers in the event of a government shutdown, arguing that the threats stray from historic practice and violate the law.

  • September 30, 2025

    Wash. Lake Cleanup Agencies Sued Over Enviro Review

    A man whose house overlooks Capitol Lake in Olympia, Washington, is suing a slew of federal and state government agencies over an estuary restoration project near his residence, alleging they have committed millions of dollars in funds without performing an environmental review.

  • September 30, 2025

    Senate Bills Look To Return 2,000 Acres To California Tribes

    A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties. 

  • September 30, 2025

    PFAS Testing Concerns End Coca-Cola Class Action

    A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.

  • September 30, 2025

    3M Rolls Up Buyers' 'Forever Chemicals' Carpet Suit

    A Minnesota federal judge threw out a proposed class action Tuesday alleging 3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the substances, saying the consumers have not plausibly alleged an injury.

  • September 30, 2025

    DC Circ. Backs FERC Approval Of Tenn. Pipeline

    The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.

  • September 30, 2025

    Ga. Residents Win Partial Class Cert. On Past PFAS Damages

    A Georgia federal judge granted partial class certification to 4,500 Peach State residents whose water was allegedly polluted with forever chemicals, allowing them to seek damages for past water hikes that went to remediation, while shooting down an "entirely speculative" bid to cover expected future costs.

  • September 30, 2025

    Spain Must Pay €332M Renewables Awards, Judge Rules

    A D.C. federal judge enforced a pair of arbitral awards against Spain worth a combined €332.4 million ($390.5 million), days before the U.S. Supreme Court is expected to decide whether to take up the country's jurisdictional challenge in the cases.

  • September 30, 2025

    Feds Insist They Can Block Michigan AG's Climate Suit

    The Trump administration told a federal court its bid to stop Michigan from filing an anticipated climate change lawsuit is not premature, as the state's attorney general has not backed down from her litigation plans.

  • September 29, 2025

    Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.

    A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.

  • September 29, 2025

    EPA Dodges Texas Farmers' PFAS Contamination Lawsuit

    A Washington, D.C., federal judge on Monday tossed Texas farmers and ranchers' lawsuit alleging that the U.S. Environmental Protection Agency failed to stop "forever chemicals" from contaminating their farmland and that they've suffered medical problems from the exposure.

  • September 29, 2025

    Feds' Clean Air Fix Would Shutter Detroit Plant, Judge Hears

    The federal government on Monday asked a Michigan federal judge to order a Detroit facility that produces coke for steelmaking to install processes that would reduce its sulfur emissions and pay a $140 million fine for Clean Air Act violations, while the facility told the court such an order would essentially shutter the operation.

  • September 29, 2025

    Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit

    Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.

  • September 29, 2025

    Terumo Secures $5M Cost Award After Beating Cancer Claims

    A Colorado state judge has granted a healthcare company over $5 million in costs following the company's win in its first bellwether trial against Lakewood residents who claim its medical sterilization facility caused their cancer.

  • September 29, 2025

    Sidley, Hogan Lovells Guide Ares' $1B Meade Pipeline Buy

    Sidley Austin LLP-advised Ares Management Corp. said Monday that it has acquired Hogan Lovells-led Meade Pipeline Co. from XPLR Infrastructure LP, an affiliate of NextEra Energy, for about $1.1 billion. 

  • September 29, 2025

    Solar Plant Justified $45M Easement Break, Tax Court Told

    A partnership is entitled to a roughly $45 million tax deduction for donating a conservation easement that protected hundreds of acres in Texas from potentially being used to host a solar power plant, the partnership told the U.S. Tax Court.

  • September 29, 2025

    Trump Admin Opens Lands, Wallets To Boost US Coal

    The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.

  • September 29, 2025

    Wealth Mgmt. Firm Says Insurer Omitted Essential Parties

    A wealth management firm and its CEO told a Tennessee federal court that its professional liability insurer failed to include other insurers and an insurance agency in coverage litigation over underlying arbitration claims totaling roughly $7 million, arguing it faces conflicting coverage positions from its carriers.

  • September 29, 2025

    Liberty Units Seek Toss Of Auto Co.'s Runoff Settlement Suit

    Liberty Mutual units urged a Texas federal court to toss an automobile auction company's suit accusing them of failing to indemnify a settlement over stormwater runoff claims, saying the question of breach cannot be answered until a related suit determines whether the insurers had any duty to indemnify.

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Future Of Enviro Crimes Under Trump's Federal Regs Order

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    President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • State Farm Rate Hike Portends Intensifying Insurance Crisis

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    The California Department of Insurance's unprecedented emergency approval of a 17% rate increase for State Farm General Insurance, the first interim rate relief granted before completing full actuarial justification, represents a regulatory watershed and establishes precedent that could fundamentally reshape insurers' response to climate-driven market instability, says Daniel Veroff at Merlin Law Group.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • DOE Grant Recipients Facing Termination Have Legal Options

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    Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

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