Environmental

  • 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.

  • October 20, 2026

    Samoan Groups Challenge Planned Deep-Sea Mining Leases

    A Samoan council of chiefs and leaders from American Samoa's Manu'a Islands and two community groups are asking a Hawaiian federal court to block a plan to sell leases that will allow deep-sea mining of more than 31 million acres of seabed off the coast of American Samoa.

  • October 20, 2026

    Former EPA Air Chief Soars Into New Role At Pillsbury In DC

    Pillsbury Winthrop Shaw Pittman LLP announced Tuesday that it has added the U.S. Environmental Protection Agency's former air chief as a Washington, D.C.-based partner.

  • October 20, 2026

    Davis Polk-Led Ara Wraps Inaugural $2.5B Energy Fund

    Davis Polk & Wardwell LLP-advised private equity shop Ara Partners on Tuesday revealed that it closed its inaugural energy fund after securing $2.5 billion of capital commitments.

  • October 20, 2026

    Ohio Justices Say Moratorium Ends Data Center Site Plan

    The Ohio Supreme Court on Tuesday unanimously rejected a data center developer's call to force Lordstown, Ohio, to consider a plan for a project submitted days before the village council enacted a ban on the construction of any new data centers.

  • October 19, 2026

    Oil Titans Denied 2029 Trial Date In Wash. Tribes' Climate Suits

    A Washington state judge has set a February 2028 trial date in two Native American tribes' cases accusing Exxon, Chevron and other petroleum giants of a decades-long campaign to downplay the dangers of burning fossil fuels, spurning the companies' bid for an October 2029 trial date.

  • October 19, 2026

    RE Firm Settles Suit Over $200M Contaminated NC Homes Buy

    A real estate firm has settled its North Carolina federal suit alleging a multifamily property owner and its affiliates wrongfully kept $2 million in earnest money deposits even after the firm learned of contamination at a Charlotte property and scrapped a nearly $200 million purchase agreement, according to a Monday court report. 

  • October 19, 2026

    Port Of Seattle Challenges Trump Grant Terms Targeting DEI

    The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.

  • October 19, 2026

    Puerto Rico Towns Say Climate Suit Deadline Creates 'Trap'

    Puerto Rico municipalities have told the First Circuit that a lower court dismissing as untimely their antitrust and racketeering lawsuit saying energy companies concealed the climate change dangers of fossil fuel products "presents a trap" for any such claims.

  • October 19, 2026

    Meta Sends Data Center Lawsuit To Federal Court

    Meta has pulled into Georgia federal court a lawsuit claiming a company data center is a water-polluting nuisance, saying a claim invoking the U.S. Constitution means the case doesn't belong before a state judge.

  • October 19, 2026

    Adviser In Easement Suit Looks To Shed Malpractice Claim

    A financial adviser urged a Georgia federal court to toss a professional malpractice claim in a suit alleging it referred clients to participate in an illegitimate conservation easement scheme, saying the claim is time-barred under state law.

  • October 19, 2026

    FCC Urged To Consider New Cellphone Radiation Studies

    An environmental group told the Federal Communications Commission it has an obligation to scrutinize existing science rather than lean on years-old conclusions as it examines the health effects of cellphone radiation.

  • October 19, 2026

    Class Counsel Seeks $12M Fee In Polyurethane Pricing Case

    Attorneys from Hartley LLP, Hausfeld LLP and Pietragallo Gordon Alfano Bosick & Raspanti LLP are seeking nearly $12.6 million in fees and $6.7 million in expenses for settling four cases in a multidistrict litigation alleging chemical companies conspired to fix the prices of key ingredients for polyurethane, counsel have told a Pennsylvania federal court.

  • October 19, 2026

    Arizona Wants In On Nevada's Fight Over Colorado River Cuts

    Arizona is seeking to intervene in Nevada's challenge against the federal government that looks to block a framework that establishes water cuts for the Colorado River, arguing that the state's towns, cities, tribes, farmers, factories and businesses can't survive without sufficient water.

  • October 19, 2026

    Florida Law Firm Seeks Toss Of Bank's $134M BP Oil Spill Suit

    A Florida law firm urged an Ohio federal court to toss a bank holding company's $134 million malpractice suit over litigation tied to the BP Deepwater Horizon oil spill, arguing the claims are time-barred and the company did not qualify for economic damages in the oil spill litigation.

  • October 19, 2026

    High Court Won't Settle Circuit Split Over Automatic Stays

    The U.S. Supreme Court on Monday refused to take up a petition asking it to resolve a circuit split over whether state-level proceedings should be automatically stayed during appeals of orders remanding cases from federal to state court.

  • October 16, 2026

    Suing The Trump Admin Can Have Massive Impact, Attys Say

    Lawyers representing clients against the federal government spoke Friday about the challenges and rewards of such litigation in the Trump era, with plaintiff-side powerhouse Elizabeth Cabraser pointing to the potential for massive impact, including one case in which she successfully got more than a billion dollars in grant funding reinstated.

  • October 16, 2026

    San Benito Foods Deal Gets Early OK, With Notice Concerns

    A California federal judge has given her initial blessing to a nearly $1 million deal that would end a Monterey Bay-area township's lawsuit against a tomato cannery that claimed the cannery's noxious odors diminished residents' property values.

  • October 16, 2026

    10th Circ. OKs EPA's Okla. Indian Country Programs Approval

    The Tenth Circuit rejected a Native American tribe's challenge to the U.S. Environmental Protection Agency's decision to approve Oklahoma's request to extend the state's administration of federal environmental regulatory programs to Indian Country, ruling Friday that a provision of a 2005 transportation bill controls the outcome.

  • October 16, 2026

    NCR, Hydropower Cos. Settle Michigan River Cleanup Fight

    NCR Voyix Corp. and two hydropower companies have reached a settlement resolving litigation over whether sediment released during a reservoir drawdown complicated the cleanup of a Michigan Superfund site contaminated by decades of paper mill waste, according to a joint notice filed in Michigan federal court.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

Expert Analysis

  • What Calif.'s New Focus On Microplastics Means For Cos.

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    The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

  • Reel Justice: 'Disclosure Day' Teaches Attys To Listen

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    The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their practice — it is what makes effective representation and justice possible, says Veronica Finkelstein at Widener-Delaware Law.

  • Fashion Greenwashing Risk Goes From Reputational To Legal

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    Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

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    Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • What Cos. Must Know About EPA Water Monitoring Proposal

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    The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • Trump Debarment Threat Calls For Targeted Defense Plan

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    President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

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