Environmental

  • September 30, 2026

    Norfolk Southern Investors Certified In Derailment Suit

    Norfolk Southern investors can proceed as a class in a suit accusing the company of making misleading statements regarding its safety operations before a fiery train derailment in Ohio in 2023, though a Georgia federal judge did adopt the company's suggestion to narrow the class period.

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Water Co. Escapes Consumer Protection Claim In PFAS Case

    A proposed class of Connecticut Water Co. customers who allege their drinking water was contaminated with toxic forever chemicals cannot bring a claim for unfair trade practices because they are already suing under an exclusive product liability law, a state court judge has ruled.

  • September 29, 2026

    Monsanto Starts First Roundup Trial Since High Court Ruling

    A Missouri jury heard opening arguments Tuesday in the first Roundup cancer trial since the U.S. Supreme Court weighed in on the matter, with a lawyer for three plaintiffs saying Monsanto minimized decades of ominous testing, ghostwrote scientific papers and engineered a dubious EPA approval.

  • September 29, 2026

    Groups Say Calif. Biogas Credits Incentivize More Methane

    Four environmental groups accused California regulators of violating state law by allowing factory farm biogas producers to receive carbon credits — a practice they said is notionally aimed at reducing greenhouse gas emissions but in reality incentivizes more methane production.

  • September 29, 2026

    NHTSA Fuel Economy Regs Overhaul Crushes EV Ambitions

    The elimination of strict federal mandates for higher fuel efficiency in new cars crushes momentum for the U.S. auto industry to pivot toward alternative-powered vehicles, ensuring that manufacturers will again be caught in litigation limbo as environmental groups prepare challenges to seemingly inconsequential standards with no penalties, experts say.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Suit Accuses USDA Of Unlawfully Gutting Aid For Rural Solar

    A coalition including farm and renewable energy trade groups has accused the Trump administration of abruptly and unlawfully making most solar projects ineligible for a U.S. Department of Agriculture grant and loan program created to advance renewable energy in rural areas.

  • September 29, 2026

    Ford Hybrid Engine Fire Defect Suit Gets Trimmed

    A proposed class action against Ford Motor Co. was trimmed from 11 to two plaintiffs Tuesday after a Michigan federal judge concluded that merely owning a recalled vehicle without an actual defect manifestation is insufficient to establish an injury.

  • September 29, 2026

    LA Seeks Groundwater Cleanup Costs From Manufacturers

    Los Angeles sued several manufacturers over alleged groundwater contamination from three industrial sites, saying its water department has been saddled with millions of dollars in cleanup costs in the San Fernando Basin.

  • September 29, 2026

    Colo. Says DHS, ICE Flouted Notice Laws For Detention Site

    Colorado urged a federal judge to nullify a government contract for the renovation and operation of a federal immigrant detention facility northeast of Denver, alleging Tuesday that federal agencies flouted their legal obligations to conduct an environmental analysis and to notify the public about the planned facility's environmental impact.

  • September 28, 2026

    Alito Makes Last-Minute Recusal From Colo. Climate Case

    Justice Samuel Alito on Monday recused himself from the city and county of Boulder, Colorado's climate change tort lawsuit against Exxon Mobil Corp. and Suncor Energy, just a week before the case is set to be heard by the U.S. Supreme Court.

  • September 28, 2026

    Wash. Can Pursue Gold Mine Pollution Claims, 9th Circ. Says

    A Ninth Circuit panel revived Washington state's Clean Water Act lawsuit against the operator of the Buckhorn Mountain gold mine Monday, reversing a district court's ruling that the state's claims were barred because of another plaintiff's settlement in the consolidated case.

  • September 28, 2026

    Lucid Investors Get Class Cert. In Production Forecast Suit

    Investors in electric-vehicle maker Lucid Group Inc. were granted class certification in their suit alleging they suffered damages when the company disclosed it was not on track to meet its 2022 vehicle output projections.

  • September 28, 2026

    Newsom Signs Calif. Pesticide PFAS Tracking Bill Into Law

    California Gov. Gavin Newsom signed into law new regulations requiring state officials to track and publicly disclose when pesticides that are used on state produce contain "forever chemicals."

  • September 28, 2026

    Insurer Gets Hotel Co.'s $12.5M Storm Loss Suit Trimmed

    A North Carolina federal court on Monday tossed a hotel group's claim that a Liberty Mutual unit committed unfair and deceptive trade practices in violation of state law after it denied the group's $12.5 million business interruption loss claim stemming from Hurricane Helene.

  • September 28, 2026

    DOT Finalizes Rollback Of Biden-Era Fuel Economy Rules

    The Trump administration on Monday finalized its rollback of Biden-era fuel economy standards for passenger cars and light trucks, easing mandates for manufacturers to improve the miles-per-gallon efficiency of their fleets and decelerating U.S. adoption of electric vehicles.

  • September 28, 2026

    Boston Sues Over DOT Grant Cut Tied To EV Chargers

    The city of Boston brought a lawsuit in federal court Monday alleging the Trump administration canceled a $20 million road improvement grant because of electric vehicle infrastructure that was only "a fraction of 1%" of the project.

  • September 28, 2026

    FTC Touts 'Dismantling' Of Corteva's Pesticide Rebates

    The Federal Trade Commission on Monday touted its new settlement with Corteva Inc. for severely constricting the pesticide company's ability to pay distributors a loyalty rebate in exchange for limiting sales of cheaper generics, the latest in a string of agreements Trump-era antitrust enforcers have struck ending existing claims.

  • September 28, 2026

    US Pitches $2.1M Settlement For Hess Permit Violations

    The Trump administration has asked a Louisiana federal judge to approve a $2.1 million settlement agreement with Hess Corp. for hundreds of alleged permit violations at oil and gas platforms in the Gulf of Mexico over a five-year span.

  • September 28, 2026

    Nebraska Utility Seeks To Lift Block On Power Line Permit

    The Nebraska Public Power District is asking a Colorado district court to dissolve an order that partially blocked the federal government's approval of a 226-mile, 345-kilovolt electricity transmission line in the Nebraska Sandhills, saying a supplemental memo now explains why the project is an essential response to an energy emergency.

  • September 25, 2026

    Corteva Will Pay $35M To Resolve FTC Pesticide Rebate Case

    Corteva Inc. has agreed to pay $35 million to put to rest allegations from the Federal Trade Commission and a slew of states that the pesticide-maker blocked competition from generic rivals through the use of loyalty rebates, according to a motion filed in North Carolina federal court Friday.

  • September 25, 2026

    X.AI Sued Over Memphis-Area Data Center Noise

    Elon Musk's Colossus data centers and other xAI-operated facilities are "wreaking havoc" on Memphis-area communities, according to a federal lawsuit filed by homeowners who claim they are "plagued by excessive and offensive noise" at all hours.

  • September 25, 2026

    Okla. Meat Processor Stinks, Neighbors Say

    Residents of a small town in Oklahoma say they are being "physically invaded by noxious odors" wafting from a meat processing plant owned by ESRO Food Group, according to a proposed federal class action lawsuit that claims the smell has harmed more than 1,300 nearby homes.

  • September 25, 2026

    Tribes Say Gold Mine Spill Study 'Still Falls Very Short'

    A court-ordered federal study says a hypothetical major waste spill at a proposed Alaska gold mine could leave parts of a nearby village uninhabitable and cause lasting harm to fish habitat, but tribal opponents say the analysis still does not show the full extent of the danger.

Expert Analysis

  • 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.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • NRC Proposal May Reshape Radiation Protection Framework

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    The U.S. Nuclear Regulatory Commission’s proposal to drop the long-standing requirement to keep radiation exposure "as low as reasonably achievable," alongside the U.S. Department of Energy's removal of ALARA from its own rules, suggests a broader federal reassessment of radiation protection policy, say attorneys at Womble Bond.

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