Environmental

  • November 03, 2026

    How Voters Have Decided Environmental Ballot Measures

    Voters in seven states were set to decide closely watched environmental ballot measures, including whether California should speed up environmental reviews, if Colorado should codify a "right to natural gas," and if Michigan should tighten campaign finance restrictions on the utility industry.

  • November 03, 2026

    Becerra Wins Calif. Governor's Race With Legal Fights Ahead

    Former U.S. Health and Human Services Secretary Xavier Becerra's projected win in the California governor's race Tuesday night tees up fresh legal battles with the Trump administration and puts abortion access, immigration, insurance and artificial intelligence policy at the top of lawyers' watch lists.

  • November 03, 2026

    Dems Win Control Of Georgia Public Service Commission

    Voters in Georgia flipped Republican control of the state's Public Service Commission, which regulates investor-owned utilities, in a pair of races that attracted unusually high political spending amid rising electricity prices and a massive data center buildout.

  • November 03, 2026

    Lagunitas Sells Beer With Risky PFAS Levels, Suit Alleges

    The Lagunitas Brewing Co. has been hit with a proposed class action in California federal court that accuses the Heineken-owned brewery of failing to disclose that its beer contains forever chemicals at levels far beyond those the Environmental Protection Agency has found to pose risks to human health.

  • November 03, 2026

    Tribe Says Pipeline Harm Statement Shouldn't Be Dismissed

    A Native American tribe has asked a D.C. federal judge not to strike its natural resources director's statement about potential harm the Army Corps of Engineers will cause by allowing Enbridge Energy to reroute 41 miles of a pipeline around the tribe's lands.

  • November 03, 2026

    Fla. Panel Told Stormwater Plan Disregards Clean Water Law

    West Palm Beach asked a Florida state appeals court on Tuesday to rescind a permit for a stormwater management project along a forest preserve, saying a regional agency failed to consider state legislation strengthening water quality standards. 

  • November 03, 2026

    Tribe Says Closure Of Everglades ICE Site Doesn't Moot Suit

    The Miccosukee Tribe of Indians of Florida has urged a federal judge not to throw out its suit over a detention unit in Everglades National Park even though the facility designed to hold unauthorized immigrants detained by U.S. Immigration and Customs Enforcement has closed.

  • November 03, 2026

    3M Inks $7.35B Deal To Settle Most PFAS Foam Claims

    3M Co. announced Tuesday that it will pay up to $7.35 billion over nine years to resolve nearly all personal injury claims related to PFAS "forever chemicals" in firefighting foam.

  • November 03, 2026

    Rivian Brass Reaches Deal To End Post-IPO Price Hike Suit

    Rivian Automotive Inc. executives and the company's investors Tuesday filed a notice telling a California federal court they reached a settlement to end derivative claims Rivian hid the true price of manufacturing its electric vehicles ahead of its initial public offering.

  • November 03, 2026

    W.Va. Coal Mine Opponents Defend Permit Vacatur At 4th Circ.

    Environmental groups told the Fourth Circuit that a West Virginia federal judge was right to scrap a Clean Water Act permit that allowed Republic Energy LLC to bury 20,000 feet of valley streams with fill from surface coal mining.

  • November 03, 2026

    Group Wants DC Golf Course Work Halt To Remain In Place

    A preservation group on Tuesday urged a D.C. federal court to maintain an order blocking further tree removals at the East Potomac Golf Course, arguing the government failed to identify any error the judge made when issuing the directive.

  • November 03, 2026

    IRS Asks 11th Circ. To Back Denial Of $27M Easement Claim

    The U.S. Tax Court properly dismissed a partnership's bid to challenge the IRS' denial of a $27 million tax deduction for a Georgia conservation easement donation, the agency told the Eleventh Circuit, saying the partnership's petitions were filed late and the statutory deadline isn't flexible.

  • November 03, 2026

    Nonprofits Seek To Halt Texas Data Center Support Projects

    Public Citizen and the Sierra Club urged a Texas federal court to pause the construction of power plants and backup diesel generators for two data center campuses in the state, claiming their members will be harmed if the work continues.

  • November 03, 2026

    Icahn-Backed Firm Paying $4.2B For Marathon Oil Assets

    Carl Icahn-backed CVR Energy said Tuesday it has agreed to buy two refineries and a related marketing business from Marathon Petroleum and its affiliates for approximately $4.2 billion in a deal that would nearly double its refining capacity.

  • November 03, 2026

    Shell Selling North West Shelf Stake To XRG For $1.45B

    Shell PLC's Australian subsidiary has agreed to sell its 16.67% stake in Western Australia's North West Shelf liquefied natural gas project to United Arab Emirates-based XRG PJSC for $1.45 billion, the companies said Tuesday. 

  • November 02, 2026

    Energy Co. Says Toad Listing Ignores Key Geothermal Data

    A Nevada geothermal company seeks an early win in its D.C. federal court suit challenging the U.S. Fish and Wildlife Service's listing of the Dixie Valley toad as an endangered species, arguing that the agency hasn't considered the best available scientific and commercial data.

  • November 02, 2026

    BlackRock, State Street Get State AG Coal Suit Trimmed

    BlackRock and State Street have pared down a lawsuit by Republican state attorneys general accusing them of driving up coal prices, but a Texas federal judge let stand claims brought by Iowa and Nebraska on behalf of their resident electricity consumers.

  • November 02, 2026

    D.C., Virginia Sue To Block Trump's 250-Foot Arch

    Washington, D.C., and Virginia have teamed up in a new bid to stop President Donald Trump's planned 250-foot arch just east of Arlington National Cemetery, claiming in a lawsuit that the project lacks required congressional approval.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    Vistra Closes $4B Cogentrix Deal, With DOJ Approval

    Vistra Corp. closed its acquisition of Cogentrix Energy and its 10 natural gas-powered electricity plants on Friday, the same day the U.S. Department of Justice said it was mollified by the company's plan to divest one Cogentrix plant in Maine and another one in the state already owned by Vistra.

  • November 02, 2026

    Tax Court Denies IRS Bid To Revisit Easement Case Ruling

    The U.S. Tax Court said Monday it won't reconsider a September opinion finding a partnership's petition was filed late because of circumstances beyond its control, saying the court has already addressed the IRS' arguments that it improperly excused the lateness of the conservation easement suit.

  • November 02, 2026

    DC Circ. Questions Lack Of Carbon Plan For Gas Terminal

    Judges on the D.C. Circuit on Monday pressed attorneys for the Federal Energy Regulatory Commission and the company behind a natural gas export terminal and pipeline in South Texas on why they walked away from a connected proposal for carbon sequestration near the project without explanation.

  • November 02, 2026

    XAI Fails To Dodge Miss. NAACP Pollution Suit

    A Mississippi federal judge denied X.AI Corp.'s bid to dismiss an NAACP citizen suit alleging that the company has unlawfully installed and operated dozens of polluting natural gas-fired turbines to power its Colossus 2 data center.

  • November 02, 2026

    East Palestine Cos. Say Norfolk Can't Rehash Derailment Fault

    Norfolk Southern already tried to shift the blame for the 2023 derailment in East Palestine, Ohio, and lost in a jury trial over apportioning a $600 million settlement, so the railroad should not be able to try the same defense in a lawsuit brought by businesses who opted out of the deal, the businesses have told an Ohio federal court.

  • November 02, 2026

    Philly Atty Filed Harassing Pesticide Suits, Chemical Co. Says

    A Memphis-based agricultural chemical company has accused a Philadelphia lawyer of harassing it with "vexatious" litigation filed on behalf of personal injury plaintiffs in the Dominican Republic.

Expert Analysis

  • Consistency Is Key In Pipeline Incident Investigations

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    A pipeline release that causes worker injury does not trigger one investigation, but five or more, running on different timetables, under different statutes, and new federal procedures may soon add more complexity — but companies must maintain one centralized record to ensure consistency throughout, say attorneys at Squire Patton.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • West Point Prof's Suit Tests Public Employee Speech Limits

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    A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.

  • Va. Data Center Order Shows State Air Permit Limits

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    A consent order over data center air pollution violations proposed by Virginia, which Microsoft recently agreed to, demonstrates why an emergency situation may not excuse state air permit noncompliance, and why emergency power reliability and environmental compliance cannot be evaluated in isolation, says Sanaa Chakibi at SICPA Securink.

  • How To ID And Respond To 5 Types Of Misleading Witnesses

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    Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.

  • Where Species And Wetlands Reg Rollbacks Leave Cos.

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    The current administration's rollbacks of regulations covering waters of the U.S. and endangered species may ease permitting burdens and shorten approval timelines, but those potential benefits are tempered by state-level protections, likely legal challenges and possible reversals by a future administration, say attorneys at White & Case.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • 5 Ways Trial Attys Can Build Mental Health Counseling Skills

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    Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

  • How Rule 45 Update May Change Remote Trial Subpoenas

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    The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.

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