Environmental

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    Feds Seek Dismissal of Tribe's Burial Site Construction Claims

    The U.S. Department of Commerce is looking to exit a Lummi Nation lawsuit claiming broadband construction disturbed ancestral remains, saying a Washington federal court lacks jurisdiction over the Native American tribe's suit because the department has not yet taken any final agency action.

  • August 25, 2026

    NRDC Says EPA Let Cleveland Polluters Dodge Smog Cuts

    The Natural Resources Defense Council on Tuesday asked the Sixth Circuit to review the U.S. Environmental Protection Agency's approval of a plan Ohio submitted for smog pollution in the Cleveland area, and accused the agency of giving a "free pass" to major polluters.

  • August 25, 2026

    FERC Beats Environmental Challenge To La. LNG Terminal

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a liquefied natural gas export terminal in Louisiana, saying environmental groups challenging the decision failed to show the project was not in the public's best interest.

  • August 25, 2026

    Md. Judge Trims Baltimore Bridge Wreck Damages Claims

    A Maryland federal judge has slashed claims from Baltimore, businesses and dockworkers seeking to recover millions in economic losses from the owner and operator of the container ship that slammed into the Francis Scott Key Bridge, saying the nearly century-old Robins Dry Dock rule bars many of their claims.

  • August 25, 2026

    Tribe, Enviros Challenge Ariz. Copper Project Over ESA Risks

    Arizona's San Carlos Apache Tribe and two conservation groups are seeking to block an exploratory copper mine drilling project in the Galiuro Mountains and Lower San Pedro Watershed, alleging that the federal government wrongly found there were no Mexican spotted owls in the area despite photographic evidence otherwise.

  • August 25, 2026

    DC Circ. Backs Red Snapper Management Plan

    A D.C. Circuit panel denied a petition from commercial fishers and fish purchasers challenging an annual federal catch limit for South Atlantic red snapper, rejecting their claim that the plan's lack of a limit on dead discards violates federal law and could lead to overfishing.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    New Mexico Justices Pause Permit, Hearing For Data Center

    New Mexico's Supreme Court in a pair of rulings paused an air permit hearing and ordered a developer to stop drawing water from the construction site of Oracle, OpenAI and SoftBank's Project Jupiter data center, leading a lawmaker to call on state officials to release more information about the project.

  • August 25, 2026

    Rising Star: Sidley's Brittany Bolen

    Brittany Bolen of Sidley Austin LLP helped save a manufacturer from shuttering U.S. facilities due to a chemical regulation and helped push the federal government to change its enforcement policy on certain aftermarket automotive devices, earning her a spot among the environmental law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 25, 2026

    Calif. Judge OKs $2.25M Settlement In Crab Price-Fixing Suit

    A California judge has preliminarily approved a $2.25 million fund to settle a proposed class action accusing an Oregon seafood company of a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

  • August 24, 2026

    Enviro Groups' Drilling Suit Lacks Imminent Harm, Judge Says

    Environmental groups sued too early over a move last year by President Donald Trump to revive the prospect of Arctic oil and gas leasing in offshore areas that prior administrations deemed off-limits, an Alaska federal judge ruled Monday, saying the plaintiffs have not demonstrated a "substantial risk of imminent harm."

  • August 24, 2026

    Nevada Challenges Feds' Plan For Colorado River Shortages

    Nevada on Monday asked a federal judge to block a framework for Colorado River water cuts the Trump administration finalized, arguing that a flawed review and analysis threaten to put shortages on the backs of it and two other lower basin states.

  • August 24, 2026

    DOJ Seeks To Beat UC Researchers' Challenge Of Grant Axings

    The U.S. Department of Justice argued on Friday that the Trump administration should prevail over University of California researchers' challenges of the termination of their grants, telling a California federal judge that the First Amendment doesn't apply to competitively awarded grants.

  • August 24, 2026

    EPA, States Defend Cleanup Deal In Talc Co. Whittaker Ch. 11

    The government, joined by California and Montana, is defending a proposed settlement in former talc supplier Whittaker Clark's New Jersey Chapter 11 case, saying a group of personal injury creditors' objection mischaracterized the $16.5 million deal.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    5th Circ. Says IRS Penalty Suit Is Beyond Court Review

    The Internal Revenue Service's penalty imposed on a partnership for inaccurately reporting a Louisiana conservation easement transaction is considered a tax collection matter outside federal courts' jurisdiction, the Fifth Circuit ruled, declining to review a constitutional challenge against the penalty.

  • August 24, 2026

    Residents Ask To Drop SpaceX From Data Center Noise Suit

    A proposed class of Mississippi residents told a federal court that they are OK with SpaceX exiting their lawsuit, which accused a trio of companies led by Elon Musk of causing a public nuisance with the noise from power generators at three AI data centers.

  • August 24, 2026

    Rising Star: Latham's Devin O'Connor

    Latham & Watkins LLP partner Devin M. O'Connor has worked on the teams that successfully secured multiple court victories within the past year that allowed multibillion-dollar offshore wind and energy projects to resume construction, earning her a spot among the environmental attorneys under 40 honored by Law360 as Rising Stars.

  • August 24, 2026

    Feds Cut Colo. River Basin Water For 2 Years Amid Drought

    The U.S. Department of the Interior has finalized a 10-year framework for Colorado River operations that will reduce water delivery to Arizona, California and Nevada by 1.25 million acre-feet for two years, as reservoirs dive to lows not seen since their 1963 construction due to ongoing drought conditions.

  • August 24, 2026

    W.Va. Residents Say Coal Co. Polluted Town's Water Supply

    Eighteen residents of Gary, West Virginia, hit Taishan Resources LLC with a citizen suit that accuses the company of negligently operating a surface coal mine and contaminating the town's drinking water.

  • August 24, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw a wave of lawsuits involving corporate oversight, take-private deals, financing transactions, bankruptcy fallout, stockholder voting rights and disputes over control.

  • August 21, 2026

    9th Circ. Rules Workers' Vaccine Bias Suit Must Go To Trial

    The Ninth Circuit ruled Friday that a jury must decide workers' religious-discrimination claims against the Washington Department of Fish & Wildlife, finding the lower court erred in concluding the agency accommodated the workers' religious-exemption requests from a COVID-19 vaccine mandate by offering them limited reassignment options.

  • August 21, 2026

    Colo. Appeals Panel Clarifies Destruction Of Wildlife Statute

    A Colorado Court of Appeals panel Thursday provided clarification on the state's willful destruction of wildlife statute, finding that a hunter who abandoned an animal carcass after collecting only its trophy parts without intending to return violated the law even if they returned at a later date.

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

Expert Analysis

  • 5 Key Questions Attys Should Ask About Statistical Analyses

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    Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

  • 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.

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