Environmental

  • September 04, 2026

    NextEra's $67B Deal Clears Vote Ahead Of Regulatory Hurdles

    The shareholders of Kirkland & Ellis LLP-advised NextEra Energy and Dominion Energy, advised by McGuireWoods LLP, have approved the companies' planned $67 billion merger, as regulatory scrutiny mounts at the state and federal levels.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 04, 2026

    US Steel Pollution Class Has 'Unharmed' Members, Court Told

    U.S. Steel wants to decertify a class of neighbors allegedly impacted by pollution from the Clairton Coke Works after a 2018 fire, arguing to a Pennsylvania state court judge Friday that testimony from class members who say they weren't affected should scuttle classwide treatment of a nuisance lawsuit.

  • September 04, 2026

    Exclusion Extinguishes PPE Maker's PFAS Coverage Bid

    A commercial general liability insurer owes no coverage to a personal protective equipment manufacturer sued by firefighters who said the company's gear exposed them to forever chemicals, an Ohio federal court ruled, finding that the claimed injuries fall under an occupational disease exclusion.

  • September 04, 2026

    AI Land Use Fights Are Just Getting Started In Mass.

    Some Massachusetts cities and towns are scrambling to update their zoning rules amid rising tensions over artificial intelligence data centers, with disputes expected to play out in the courts and on Beacon Hill in coming years.

  • September 03, 2026

    Oil Cos. Seek Quick Appeal To Nix Suit Over Heat Wave Death

    Exxon, Chevron, Shell and other oil giants say they plan to seek appellate review of a Washington judge's order refusing to dismiss a civil suit over a woman's 2021 death that alleged the defendants knew their products were intensifying extreme weather patterns but downplayed risks to maximize profit.  

  • September 03, 2026

    Judge Decries 'Gamesmanship' In Nixing EPA Waiver Moves

    A federal judge has struck an initial blow against the Trump administration and congressional Republicans' aggressive use of the Congressional Review Act to block the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers.

  • September 03, 2026

    Alaska's Izembek Road Work OK'd Despite Axed Land Swap

    A federal judge has slapped down an environmental group's bid to preliminarily stop the state of Alaska and a Native village corporation from beginning construction on 2.8 miles of road adjacent to the Izembek National Wildlife Refuge.

  • September 03, 2026

    ISun Ch. 7 Trustee Sues Former Execs Over Self-Dealing

    The Chapter 7 trustee in the bankruptcy of solar power company iSun Inc. accused the former CEO and Chief Financial Officer of sinking the company into insolvency through self-dealing and hidden debt transactions, saying in an adversary suit their actions were reckless.

  • September 03, 2026

    Fla. Panel Revives State's Indemnity Suit In Diving Injury Case

    A Florida appellate court revived an agency's lawsuit seeking indemnification from Miami Beach in a decades-old complaint brought by a man who became a quadriplegic from a diving injury, ruling the judgment in favor of the city was premature because the underlying case hasn't concluded.

  • September 03, 2026

    Mass. Justices Say Town Can Take Northeastern U. Property

    Massachusetts' top appellate court granted a tiny Bay State town a win in an ongoing land battle with Northeastern University, finding that the community was within its rights to use eminent domain to take property the school had hoped to use to expand a research center.

  • September 03, 2026

    8th Circ. Says Exclusion Bars Oil Well Blast Coverage

    The Eighth Circuit said Thursday that an AIG unit does not owe $25 million to an ExxonMobil subsidiary for injury claims stemming from a 2016 oil and gas well explosion, finding the energy company did not meet a notice requirement needed to sidestep a pollution exclusion.

  • September 03, 2026

    EPA Appeals Order To Determine Soot Standard Compliance

    The U.S. Environmental Protection Agency said it's appealing a California federal judge's decision ordering it to designate what parts of the country are meeting or not meeting new air quality standards for fine particulate matter by early February.

  • September 03, 2026

    Cities, Groups Ask Judge To Keep $3B EPA Grant Funding Alive

    Cities and groups challenging the Environmental Protection Agency's cancellation of nearly $3 billion in environmental climate justice grants asked a South Carolina federal judge, who ruled the termination unlawful, on Wednesday to preserve the funding while the agency appeals the decision.

  • September 03, 2026

    Nippon Tells 9th Circ. Not To Revive US Steel Merger Case

    Nippon Steel urged the Ninth Circuit on Wednesday not to revive a consumer lawsuit challenging its now-completed purchase of U.S. Steel Corp., arguing the district court rightly found the plaintiffs too far removed from the steel market to allege higher prices when buying steel-containing products.

  • September 03, 2026

    SolaREIT Names New GC, Transaction Counsel

    Renewable energy real estate investment company SolaREIT has hired Marisa McCurdy as its new general counsel and Daniel Leppert as its new transaction counsel, the company announced.

  • September 03, 2026

    Jenner & Block Adds Crowell Energy Partner To DC Office

    Jenner & Block LLP said Thursday it has hired the former co-leader of Crowell & Moring LLP's appellate practice, who worked on a range of energy matters there and spent over a decade of her career as a senior attorney with the Justice Department's Environment and Natural Resources Division.

  • September 03, 2026

    11th Circ. Won't Toss Grouper Catch Limit Over Council Defect

    An Eleventh Circuit panel Thursday agreed the structure of a regional fishery management council runs afoul of the U.S. Constitution's appointments clause, but refused to throw out a challenged rule that reduced catch limits for gag grouper in the Gulf of Mexico.

  • September 02, 2026

    Hess, Pioneer, Others Can't Duck Shale Oil Price-Fix Claims

    A New Mexico federal judge preserved the core of a consolidated proposed class action from consumers, businesses and local governments accusing Hess, Pioneer, Continental and other fossil fuel giants of conspiring to slow down shale oil production to drive up prices, tossing only a handful of state law claims.  

  • September 02, 2026

    Akerman Hires Consumer Protection Law Ace From Steptoe

    Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

  • September 02, 2026

    NOAA Fisheries Lays Out Priorities For Trump Seafood Order

    The National Oceanic and Atmospheric Administration's fisheries division announced several dozen priorities to boost the U.S. seafood industry Wednesday, prompting one environmental group to call it a "depraved laundry list" of ways the Trump administration is willing to sacrifice ocean life.

  • September 02, 2026

    Trump Foreign Equipment Order Perplexes Power Cos.

    The U.S. power industry is scrambling to make sense of President Donald Trump's sweeping executive order restricting imports of equipment used for the electricity grid, and attorneys say complying with the directive could ultimately make projects more expensive and take them longer to build.

  • September 02, 2026

    Crypto Mine Noise Suit Belongs In State Court, Neighbors Say

    Residents of a North Carolina town suing over allegedly excessive noise coming from a nearby cryptocurrency mining and AI data center want their lawsuit bumped back down to state court, arguing the damages they're seeking fall short of the threshold required for federal jurisdiction.

  • September 02, 2026

    Groups Push To Revive Challenges To Trump Monument Cuts

    Coalitions of conservation groups on Wednesday asked a Washington, D.C., federal judge to reopen a series of stayed cases to try to overturn President Donald Trump's removal of millions of acres of land from the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

Expert Analysis

  • 3 Federal Policy Trends Shaping Data Center Power

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    With the White House, the Federal Energy Regulatory Commission and Congress each pushing energy policies that will influence how data centers are sited, powered and interconnected for years to come, industry stakeholders should understand compliance obligations, consider possible downstream effects, and evaluate off-grid and self-supply energy options, say attorneys at ArentFox Schiff.

  • What Voluntary Calif. Carbon Reports Show About Compliance

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    While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

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    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Parsing Rule 12(c) Motion Overuse In Securities Class Actions

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    Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

  • New DOD Framework Offers Key Guidance On PFAS Disposal

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    The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • How Cos. Can Prepare For California's Textile Recovery Act

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    Staged implementation of California's Responsible Textile Recovery Act, establishing the state's first extended producer responsibility program for apparel and textile articles, has begun — and companies that review their data readiness, contracts and exposure risks now will be best prepared when the act comes into full effect, says Thierry Montoya at FBT Gibbons.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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