Environmental

  • May 06, 2025

    Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told

    A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.

  • May 06, 2025

    Group Says $1.6M Funding Cut Derails Native History Efforts

    The National Congress of American Indians says a recent $1.6 million funding cut to Native American boarding school research by the Trump administration will derail efforts to document the history of Indigenous communities, survivors and those who never made it home.

  • May 06, 2025

    Benton Harbor Must Face Lead Contamination Mass Tort

    A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.

  • May 06, 2025

    Texas Jury Clears Marathon Oil In $123M Force Majeure Case

    A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.

  • May 06, 2025

    Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver

    A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.

  • May 06, 2025

    Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit

    Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.

  • May 06, 2025

    DOD Says It Has Standing To Halt Labor Contracts

    The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."

  • May 06, 2025

    Mistrial Declared On Punitive Damages In Bard Cancer Case

    A Georgia state judge declared a mistrial as to punitive damages Tuesday in a suit alleging C.R. Bard's ethylene oxide emissions caused a man's cancer, leaving a $20 million compensatory damages verdict in place but inviting a round of briefing on the unusual situation.

  • May 06, 2025

    Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say

    Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.

  • May 06, 2025

    EPA Urges DC Circ. To Block Climate Change NGO Grants

    The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.

  • May 06, 2025

    Firms Beat Malpractice Suit Over Chicken Plant Pollution

    Delaware's Supreme Court on Tuesday affirmed a trial court's dismissal of a malpractice suit against Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA for their alleged mishandling of claims associated with a child's "catastrophic injuries" purportedly caused by contamination from a chicken plant.

  • May 06, 2025

    Nuclear Plant Renewal Rules Are Sound, Backers Tell DC Circ.

    New U.S. Nuclear Regulatory Commission license renewal rules adequately account for environmental risks from accidents, aging equipment and climate change, industry players told the D.C. Circuit, urging it to reject a challenge brought by anti-nuclear power groups.

  • May 05, 2025

    DC Circ. Judge Doubts Fla. Plan To Permit Clean Water

    At least one D.C. Circuit judge came to the table Monday morning extremely skeptical about the government's argument to restore the U.S. Environmental Protection Agency's approval of Florida's plan to assume control of a Clean Water Act permitting program, and she wasn't pulling any punches.

  • May 05, 2025

    Judge Poised To Decide If Mich. Will Face Dam Collapse Trial

    A state judge will decide next week whether thousands of flood victims can proceed to trial on their claims that the state of Michigan is to blame for a hydroelectric dam collapse that caused widespread flooding.

  • May 05, 2025

    5th Circ. Says Biden Climate Officials' Info Not Protected

    The Fifth Circuit on Monday ordered the U.S. Department of State to give the names of Biden administration officials who helped set the nation's greenhouse gas emissions targets to a conservative Texas-based legal group that's seeking climate change policy information.

  • May 05, 2025

    California Sues Feds Over Koi Nation Land Trust Approval

    California Gov. Gavin Newsom is asking a federal court to vacate a Department of the Interior decision to take 70 acres into trust for the construction of a proposed hotel and casino by the Koi Nation, arguing that without reversal, the state may forfeit any regulatory control over gaming on the site.

  • May 05, 2025

    Calif. Chamber Gets Acrylamide Cancer Warnings Deleted

    A California federal judge has sided with the state's Chamber of Commerce in a suit challenging Proposition 65's requirement that companies warn buyers about dietary acrylamide in their products, finding that it violates the First Amendment's protections against compelled speech.

  • May 05, 2025

    Sunoco Expands Into Canada With $9.1B Parkland Acquisition

    Sunoco LP on Monday said it has agreed to buy Canadian gas station and refinery operator Parkland Corp. in a cash and equity deal worth approximately $9.1 billion, including assumed debt, a deal that greatly expands Sunoco's North American fuel distribution business.

  • May 05, 2025

    Feds Say Splitting Clean Air Trial Would Harm Public

    Splitting a potential trial over a Detroit-area steel input manufacturer's alleged Clean Air Act violations into two phases would only cause unnecessary delays, the U.S. government has told a Michigan federal judge.

  • May 05, 2025

    States Sue Trump Over Halt On Wind Energy Projects

    A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry." 

  • May 05, 2025

    Enviro Groups Push Back On Bid To Toss CSX Rebuild Suit

    Environmental groups American Whitewater and American Rivers are fighting bids by U.S. government agencies and CSX Transportation Inc. to throw out their claims that the agencies wrongly permitted CSX to rebuild chunks of its railroad destroyed by Hurricane Helene, saying the complaint is sufficient to allege the agencies acted arbitrarily and capriciously.

  • May 05, 2025

    Supreme Court Won't Review Mass. Wind Farm Permits

    The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off the Massachusetts coast, rejecting allegations that the go-ahead ignored the risks the project poses to the commercial fishing industry.

  • May 02, 2025

    DOJ's Climate Change Suits Test Feds' Powers In State Affairs

    The Trump administration's new lawsuits challenging state-level efforts to combat climate change are an unprecedented approach, several environmental attorneys say, and will test the judiciary's view of federal interests in state matters.

  • May 02, 2025

    9th Circ. Says USFS Must Reassess Wash. Forest Fire Plan

    A Ninth Circuit panel partly sided with a conservation group Friday in a challenge of a federal forest restoration project, finding the U.S. Forest Service should've considered the potential impacts of a nearby project that took shape after a 2021 wildfire before approving the proposal.

  • May 02, 2025

    DC Circ. To Decide If 14 Miles Of Trains Is Too Many

    The D.C. Circuit is set to decide whether federal regulators used bad data to approve a $31 billion merger between Canadian Pacific and Kansas City Southern that will see 14 miles of trains running through a set of Chicagoland communities each day.

Expert Analysis

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.

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    In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • What 2nd Trump Admin Means For Ship Pollution Compliance

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    As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.

  • Mass. AG Emerges As Key Player In Consumer Protection

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    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • What Cos. Should Know About U.S. Minerals Executive Order

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    President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

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