Environmental

  • May 20, 2025

    FWS' New 'Harm' Proposal Draws Praise, Concern For Species

    Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.

  • May 20, 2025

    Tax Credit Repeal Would Deflate US Hydrogen Development

    The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.

  • May 20, 2025

    No Bad Faith Means $461K Case Returns To Fla. State Court

    A Florida federal court sent a $461,000 property damage dispute back to state court Tuesday, finding that while a condo association's timing in serving one insurer prevented the carrier from removing the case to federal court, there wasn't bad faith so a deadline applied.

  • May 20, 2025

    Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts

    A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.

  • May 20, 2025

    State AGs Say No To Nixing Wireless Site NHPA Reviews

    Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.

  • May 20, 2025

    Gov't Says Unions Too Slow In Calling For Halt Of Restructure

    President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.

  • May 20, 2025

    Chicago Orgs Fight Feds' Bid To Drop Dredged Waste Suit

    Two advocacy groups that challenged a U.S. Army Corps of Engineers decision to expand a disposal facility that stores sediments dredged from Chicago waterways said Monday that the court retains jurisdiction even though the Army Corps has withdrawn that decision and should only dismiss the case on certain conditions.

  • May 20, 2025

    Health Clinics Say Fake Trash Fee Scheme Cost Them Millions

    Republic Services Inc. got hit with a proposed class action by health clinics in Michigan and Ohio that claim the waste disposal company breached its contracts with them by charging "tens of millions" in excess fees without any legal justification.

  • May 20, 2025

    Russia Challenges EU Carbon Border Tax At WTO

    Russia formally initiated a dispute at the World Trade Organization over the European Union's carbon border adjustment mechanism, suggesting that the emissions pricing system violates multilateral trade agreements, according to documents released by the organization.

  • May 20, 2025

    GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms

    Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.

  • May 20, 2025

    Former Hemp Worker Brings Paraquat Suit Against Syngenta

    A Colorado man formerly employed in the hemp industry alleged in a new federal lawsuit that his exposure to the herbicide paraquat while at work is responsible for his Parkinson's disease.

  • May 20, 2025

    Judge Revives Suit Challenging BLM Lease Sales In Utah

    A Utah federal judge said she erred when she tossed a lawsuit challenging multiple U.S. Bureau of Land Management oil and gas lease sales in the state, as she failed to recognize that the agency had recently issued drilling permits for some of the transactions.

  • May 20, 2025

    2 More Countries Sign WTO Fishing Trade Pact

    Two more countries, Georgia and Lesotho, have signed on to a World Trade Organization agreement to improve regulations around fishing industry subsidies. 

  • May 19, 2025

    DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds

    The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.

  • May 19, 2025

    Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say

    Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.

  • May 19, 2025

    Interior Dept. Lifts Freeze On Empire Wind Project

    The U.S. Department of the Interior has lifted its stop-work order, allowing construction to resume on the Empire Wind offshore wind energy project south of New York's Long Island, according to an announcement made Monday.

  • May 19, 2025

    Chicago's Climate Deception Suit Heads Back To State Court

    An Illinois federal judge has found that the city of Chicago's lawsuit looking to hold the nation's largest oil producers liable for allegedly deceiving the public about fossil fuel consumption should be litigated in state court.

  • May 19, 2025

    DuPont And Garden State Clash In PFAS Trial Opener

    New Jersey and E.I. du Pont de Nemours were at odds on Monday in federal court over the risks and cleanup of "forever chemical" contamination at a Salem County manufacturing facility, with the state claiming it was intentionally misled and DuPont arguing the state is changing the rules.

  • May 19, 2025

    5th Circ. Says EPA Flubbed Texas Air Finding, Must Redo

    A Fifth Circuit panel on Friday said the U.S. Environmental Protection Agency erred in determining that two Texas counties had failed to meet air quality standards for sulfur dioxide, handing a victory to the state and Vistra Corp.

  • May 19, 2025

    NC Gov. Tacks On $891M To Hurricane Recovery Plan

    North Carolina Gov. Josh Stein on Monday recommended adding $891 million to the funds earmarked for Hurricane Helene recovery efforts in the western region of the state, the largest chunk of which would go toward rebuilding the economy with small business loans and tourism promotion.

  • May 19, 2025

    Energy Cos. Escape Pa. County's Climate Change Suit

    A Pennsylvania state judge threw out Bucks County's Big-Tobacco style lawsuit against 14 oil companies, concluding that neither Pennsylvania law nor any state law can address the greenhouse gas emissions-related claims raised in the county's complaint.

  • May 19, 2025

    Squire Patton Adds Miami Litigator With In-House Experience

    A former in-house attorney at NextEra Energy Resources who was most recently with Heise Suarez Melville PA moved his practice to Squire Patton Boggs LLP in Miami, the firm announced Monday.

  • May 16, 2025

    9th Circ. Mulls DOJ Shield Of Jones Day VW Documents

    A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.

  • May 16, 2025

    Wash. Tribe Can't Ax Wildlife Refuge Protection Suit

    The Jamestown S'Klallam Tribe of Washington state is not a necessary party to an environmental lawsuit aimed at ensuring the U.S. Fish and Wildlife Service complies with rules governing the tribe's proposed aquaculture operation along the Dungeness National Wildlife Refuge boundary, a federal judge has ruled.

  • May 16, 2025

    Tesla Tells Justices Challenge To La. Sale Ban Should Stand

    Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.

Expert Analysis

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Assessing Gary Gensler's Legacy At The SEC

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    Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.

  • Opinion

    Legal Personhood Can Give Natural Entities Their Day In Court

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    Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Trump's Energy Plans For Generation, Transmission And More

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    The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Managing Litigation Side-Switching During 2nd Trump Admin

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    Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

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    A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

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