Environmental

  • August 13, 2026

    Split 11th Circ. Backs IRS $1M Value For Contested Easement

    A split Eleventh Circuit panel affirmed a decision to slash three Georgia landowners' conservation easement value from $18 million to $1 million Thursday, saying the U.S. Tax Court didn't need to determine the property's best use because the parties already agreed on that use.

  • August 13, 2026

    DHS Defends Building New ICE Facility In Silicon Valley

    The federal government fired back in California federal court Wednesday against a bid by California and Santa Clara County to block a planned ICE office and temporary holding facility in Silicon Valley, arguing that the project's alleged environmental, health and safety impacts are speculative and unsupported.

  • August 13, 2026

    Arizona, Tribes Sign Deal To Offset Coal Economy Losses

    Arizona, the Hopi Tribe and the Navajo Nation have signed an agreement that aims to boost economic growth for tribal communities that lost thousands of jobs and millions in revenue after major coal mining companies stopped or scaled back operations in the Four Corners region.

  • August 13, 2026

    Groups Say Shuttered Fla. Detention Center Threatens Wildlife

    Environmental groups have accused wildlife officials of polluting protected land through an immigrant detention center in the Everglades, alleging in an updated complaint filed in Florida federal court that the now-shuttered site continues to threaten endangered species in the area.

  • August 13, 2026

    Fla. Law Firm Cost Bank's $134M BP Oil Spill Claim, Suit Says

    An Ohio bank holding company has sued a Florida law firm in Ohio federal court for more than $134 million in damages, alleging the firm missed key filing deadlines while representing the bank in litigation tied to the Deepwater Horizon oil spill, costing the bank its chance to recover millions in losses.

  • August 13, 2026

    Wyo. Archaeologists Challenge Reach Of Native Graves Rule

    The Wyoming Association of Professional Archaeologists is asking a district court to block the transfer of six Indigenous collections to the federal government, arguing that an update to a law designed to protect Native American burial sites goes beyond what Congress intended.

  • August 13, 2026

    NC Biz Court Bulletin: Judges Retire, HCA Suit Heads To Trial

    The North Carolina Business Court dropped a host of heavy-hitting opinions in July ahead of two judicial retirements and a new chief judge rising in the ranks.

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    UMich Law Professor's Pro Bono Work Not FOIA Fodder

    The University of Michigan doesn't have to turn over the emails a law professor sent as part of her environmental pro bono work in response to a Freedom of Information Act request, after Michigan state court ruled that the emails don't count as public records under the law.

  • August 12, 2026

    Wash. County Wants Out Of Burial Site Development Suit

    Whatcom County, Washington, has asked a federal court to dismiss the sole claim against it in a lawsuit from the Lummi Nation over broadband construction that allegedly disturbed ancestral remains, arguing that the county cannot be held liable for how it reviewed permits for the projects.

  • August 12, 2026

    1st Circ. Urged Not To Revive Puerto Rico Climate RICO Suit

    Fossil fuel companies have urged the First Circuit to uphold the dismissal of a racketeering and antitrust lawsuit from several Puerto Rico municipalities claiming the companies misrepresented the climate dangers of fossil fuel products in causing a pair of hurricanes.

  • August 12, 2026

    Insurer Says Property Owner's Hail Claim Lacks Proof

    An insurer says a property owner's request that a Tennessee federal court declare that its building was damaged in a "significant weather event" improperly asks the court to rule on competing expert opinions on the storm's severity, rather than any legal claims in the $10 million coverage dispute.

  • August 12, 2026

    Ill. Panel Keeps Toxic Tort Jurisdiction Law Intact

    An Illinois appellate panel on Tuesday refused to revive a Republican-led challenge to a sweeping state law expanding the state's jurisdictional reach in toxic tort cases, saying it was barred from reviewing the Legislature's compliance with its own internal procedures but renewing concerns about being required to "turn a blind eye" to lawmakers' potential constitutional violations.

  • August 12, 2026

    Clean Harbors Snags EnviroServe In $470M Cash Deal

    Environmental and industrial services provider Clean Harbors Inc., led by Davis Malm & D'Agostine PC, on Wednesday unveiled plans to acquire Latham & Watkins LLP-advised environmental and waste management services company EnviroServe from an affiliate of One Rock Capital Partners in a $470 million cash deal.

  • August 12, 2026

    Army Corps OKs Enbridge Tunnel Amid Line 5 Permit Fight

    The U.S. Army Corps of Engineers issued a permit Wednesday allowing Enbridge Energy LP to tunnel beneath four miles of the Straits of Mackinac for its Line 5 oil pipeline, and environmental and tribal groups fighting the project say a recent Michigan Supreme Court decision bars the construction.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    Crabbers Say Seafood Co. Is Part Of Dungeness Price 'Cartel'

    A proposed class of crabbers urged a California federal judge to reject an Oregon seafood company's bid to escape their lawsuit alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

  • August 11, 2026

    Spain Loses Bid For Stay In $156M Award Suit

    A D.C. federal judge Monday denied Spain's bid to pause efforts by a pair of European renewable energy investors to enforce a years-old confirmed $156.6 million arbitral award, instead giving the investors the green light to target Spain's assets in other U.S. jurisdictions.

  • August 11, 2026

    Renewed Gold Mining In Mojave National Preserve Halted

    A federal district court judge has halted gold mining within the Mojave National Preserve, saying the National Park Service violated a law designed to protect sensitive ecosystem by authorizing an Australian company to resume operations in the preserve based on an outdated plan without requiring compliance with current environmental regulations.

  • August 11, 2026

    Feds Say Snapper Suit Moot After Permits Were Nixed

    A lawsuit challenging expanded recreational red snapper fishing permits the National Marine Fisheries Service issued to four states is "dead in the water" now that the permits have been canceled, the U.S. Department of Commerce told a D.C. federal judge.

  • August 11, 2026

    Ohio Justices Advance Possible Ashville Data Center Vote

    An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

  • August 10, 2026

    Mass. Data Center's Expansion Paused For Now

    A Massachusetts state judge temporarily blocked a data center's expansion plans in Lowell on Monday, finding opponents of the project may be poised to succeed on the basis that they weren't given a full opportunity to be heard.

  • August 10, 2026

    9th Circ. Won't Revisit Kids' Suit Over Trump's Energy EOs

    The full Ninth Circuit on Monday declined to rehear a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs.

  • August 10, 2026

    Neighbors Say School Project Flooded Farm, Native Graves

    The renovation of a high school campus outside Pittsburgh has diverted natural springs and stormwater runoff and caused flooding on a neighboring farm, and may have disturbed Native American burial grounds, the farm's owners claim in a lawsuit.

  • August 10, 2026

    9th Circ. Backs Wash. In PacifiCorp Carbon Law Regs Fight

    A divided Ninth Circuit panel declined on Friday to reinstate PacifiCorp's claims that Washington's carbon emissions cap-and-invest program unconstitutionally increases electricity prices for its out-of-state customers, concluding that the power company has not plausibly alleged the targeted regulations discriminate against interstate commerce.

Expert Analysis

  • Microplastics On Water Contaminant List Could Spur Claims

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    The U.S. Environmental Protection Agency's proposal to include microplastics in its draft sixth Contaminant Candidate List under the Safe Drinking Water Act could influence consumer fraud claims and enforcement by state attorneys general, as well as claims against manufacturers from entities facing regulatory compliance costs, says Arie Feltman-Frank at Jenner & Block.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • EPA's Retreat On GHGs Reshapes Preemption Debate

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    In the wake of the U.S. Environmental Protection Agency's rescission of its finding that it can regulate climate-threatening greenhouse gases, states are poised to step up their own GHG regulation — but the EPA's new framework creates substantial uncertainty over the extent of federal preemption, say attorneys at Holland & Hart.

  • What Justices' Review Of Guam Case Will Mean For Permitting

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    In U.S. Department of the Air Force v. Prutehi Guahan, the U.S. Supreme Court will address whether a federal agency's permit application is a final decision that courts can review — a question whose answer could reshape the timing and strategy of environmental litigation across the federal permitting landscape, say attorneys at Foley Hoag.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 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.

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