Environmental

  • October 23, 2026

    Construction Co.'s Concrete Fill Blamed For Blocked Sewer

    A construction company filling in an abandoned sewer with concrete ended up blocking off 460 feet of active sewer main in a Pittsburgh neighborhood, according to a lawsuit the Pittsburgh Water and Sewer Authority filed in Pennsylvania state court.

  • October 22, 2026

    Syngenta's Pesticide Rebates To Face FTC Antitrust Trial

    Syngenta cannot escape the Federal Trade Commission's allegations it uses a loyalty rebate program to block competition from rival generic pesticides, a North Carolina federal judge ruled Thursday, saying it will be up to a jury to iron out whether the rebates are unlawful exclusive dealing.

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    Elsevier Beats Defamation Suit Over Air Purifier Article

    An indoor air quality company failed to prove academic publisher Elsevier acted with malice in printing an article questioning the effectiveness of its air purification technology sufficient to sustain a claim for defamation, a North Carolina federal judge ruled Thursday.

  • October 22, 2026

    PE Giants In Talks With NFL As Nscale Gets Heat Over IPO

    Blackstone and Apollo are in talks with the NFL about potential investment in teams, Nscale is working on a potential $45 billion deal to provide Anthropic with compute power as the data center developer faces questions over its lofty IPO valuation, and private equity-backed financial technology company IntraFi could be up for sale valued at more than $10 billion. 

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    Calif. Tribe Looks To Block Further Removal Of Wild Horses

    A California tribe is looking to block the federal government from removing any more wild horses from a protected habitat until the agencies fulfill their consultation obligations, arguing that complying with the law will not harm the department any more than 40 years of mismanagement has already.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness's bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 21, 2026

    Feds' Latest Wind Permit Move May 'Blow Up' Permitting Deal

    The Trump administration has again asked a federal court to let it reevaluate a permit issued for a proposed offshore wind project, a move that a co-architect of U.S. Senate permitting legislation said could derail the bipartisan bill.

  • October 21, 2026

    Utah Defends Approval Process For Northern Corridor Hwy

    A Utah county and a state agency said the law that designated a Mojave Desert national conservation area didn't prohibit a highway through it, as environmental groups alleged, but rather expressly called for a "transportation route" to be identified.

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wind Groups Say DOD Continues To Freeze Project Reviews

    Renewable energy backers asked an Oregon federal judge to enforce an injunction that blocked the U.S. Department of Defense from suspending reviews of proposed wind energy projects, arguing it has continued to miss deadlines and maintain an unlawful freeze on project reviews.

  • October 21, 2026

    Calif. Man Sues Rivian Over Cannabis Test Firing, Wages

    A Sacramento man is suing electric vehicle maker Rivian LLC in California state court, alleging he was wrongly fired after a cannabis test despite not being impaired or otherwise using cannabis at work, and that the company has not fully paid out his wages.

  • October 21, 2026

    Data Center Co. Looks To Toss Investors' Gas Wells Suit

    A data center infrastructure company told a Texas federal court to toss a proposed securities fraud class action that accused the company of damaging its stock value because of a hidden gas well transfer deal and a fraud lawsuit filed by New Mexico.

  • October 21, 2026

    Ecolab Agrees To Settle Pension Calculation Fight

    A proposed class of Ecolab Inc. retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated told a Minnesota federal judge the water management and sanitation company had agreed in principle to settle their federal benefits lawsuit, according to a court filing.

  • October 21, 2026

    Vendor Says Nonprofit Pulled Millions In Mass. Energy Funds

    A Massachusetts heating and cooling contractor says in a state court lawsuit that it committed millions of dollars toward boosting participation from low-income homeowners in a ratepayer-funded energy efficiency program, only to have the nonprofit agency administering the program unilaterally change the terms of its agreement to reallocate funds and contracts to other companies.

  • October 21, 2026

    Officer's Estate Blames Cancer On Philly Arsenal Pollution

    The estate of a former Philadelphia Police narcotics officer says the redevelopment of the former Frankford Arsenal into offices and condos exposed him to carcinogenic pollution left over from the property's decades developing munitions, according to a lawsuit filed in Pennsylvania state court.

  • October 21, 2026

    US Steel Says Insurers Must Cover Utah Mill Cleanup Costs

    U.S. Steel said its excess insurers must cover millions of dollars in mounting costs to investigate and clean up contamination at a long-closed steel mill in Utah, telling a Pennsylvania state court that several carriers have refused to pay out under their policies.

  • October 20, 2026

    States' Suit Over Trump Energy EO Sparks Broader Questions

    A Washington federal judge considering the Trump administration's bid to dismiss a multistate challenge to an executive order declaring a national energy emergency said Tuesday that the case highlights a broader dilemma: how courts should handle litigation based on "a single executive directive that sets in motion hundreds of agency decisions."  

  • October 20, 2026

    California Moves To Protect 15,000 Acres Of Coastal Waters

    California has begun the process of designating its first new marine protected areas in over a decade — and the first in which Native American tribes played a leadership role.

  • October 20, 2026

    Judge Rejects DOJ Bid To End NAACP Suit Over XAI Pollution

    The Trump administration can intervene in a NAACP citizen suit alleging X.AI Corp. unlawfully installed dozens of polluting gas turbines to power a data center, but cannot unilaterally dismiss the suit as it claimed, a Mississippi federal judge has ruled.

  • October 20, 2026

    Hydropower Plant Sellers Hid Issues, Buyer Says

    The sellers of a small Massachusetts hydroelectric power plant hid numerous issues involving regulatory compliance and conditions at the facility and are refusing to submit required documentation to federal regulators, the buyer says in a lawsuit filed in state court.

Expert Analysis

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • DOJ Letter Rescission Portends Proxy Firm Antitrust Risk

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    The U.S. Justice Department's recent withdrawal of its 1987 business review letter issued to Institutional Shareholder Services, which shielded certain proxy advisory activities from anticompetitive enforcement, likely foreshadows renewed antitrust scrutiny of proxy advisory firms, say attorneys at Paul Weiss.

  • Responding To State Packaging Law Uncertainty

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    As states roll out new packaging and recycling mandates, companies face expanding compliance duties and a growing wave of constitutional challenges that offer key lessons for managing regulatory risk, say attorneys at Crowell & Moring.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • EPA Guidance May Simplify On-Site Power For Data Centers

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    At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

  • How Orbital Data Centers May Test NEPA's Reach

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    With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

  • DOE Energy Financing Overhaul Opens Paths For Developers

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    The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

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