Environmental

  • June 11, 2025

    Chubb Unit Underpaid Hydroelectric Plant Losses, Suit Says

    A Chubb unit underpaid a renewable energy plant operator for losses sustained after several water flow barriers malfunctioned, the assignee of the operator told a New York federal court, saying the insurer paid less than half of the $5.6 million it owed.

  • June 11, 2025

    Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments

    National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.

  • June 11, 2025

    Denver Appeals Decision Limiting Dam's Expansion

    The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.

  • June 11, 2025

    3rd Circ. Sends Dow Pollution Suit Back To NJ State Court

    The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.

  • June 11, 2025

    Trade Groups Revive Suit Over Colo., Denver Efficiency Rules

    A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.

  • June 10, 2025

    Jury Awards $28M In Latest PacifiCorp Wildfire Trial

    Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.

  • June 10, 2025

    Mazda Driver Says Emissions Claims Distinct From Calif. Case

    A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.

  • June 10, 2025

    Electric Truck Co. Lordstown Wants Investors' Suit Tossed

    Electric truck startup Lordstown Motors Corp. has asked an Ohio federal judge to dismiss consolidated class claims from investors alleging the company misrepresented its production capacity and demand, saying it made no misleading representations about pre-orders.

  • June 10, 2025

    Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility

    A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.

  • June 10, 2025

    Tribes' Effort To Overturn Ore. Casino Land Decision Halted

    A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.

  • June 10, 2025

    Trump Wind Farm Pause Has Stalled Projects, Judge Hears

    A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.

  • June 10, 2025

    Plastic Waste Often Illegally Burned, Tax Chiefs Say

    Plastic waste shipped abroad is often illegally incinerated rather than recycled, including that in Turkey and Indonesia, the Dutch and British tax authorities said Tuesday.

  • June 10, 2025

    Mo. Verdict Winner Urges Justices To Deny Roundup Appeal

    A Missouri man awarded $1.2 million for a failure-to-warn claim alleging Roundup weed killer caused his cancer urged the U.S. Supreme Court to deny Monsanto's petition for review, saying the company is only trying to avoid liability.

  • June 10, 2025

    GrafTech Brass Face Derivative Suit Over Enviro Disclosures

    A GrafTech International shareholder has sued the electrode-maker's top brass in Ohio federal court over their alleged long-running cover-up of the company's environmental contamination in Monterrey, Mexico.

  • June 09, 2025

    Texas, BlackRock Face Judge's Questions Over Coal Suit

    A Texas federal judge on Monday questioned BlackRock Inc. and a Republican-led coalition over claims that the asset manager conspired with others in the industry to drive down coal production through its investment in publicly traded energy companies, wondering whether pressure placed on the companies to provide more detailed climate disclosures was enough to move the lawsuit forward.

  • June 09, 2025

    Enviro Groups, Tribes Can Intervene In Coal Leasing Ban Row

    A Wyoming federal judge allowed a coalition of tribes and environmental groups to intervene in a challenge to the Biden administration's 2024 decision ending new coal leasing on public lands in the Powder River Basin, citing the groups' participation in prior suits over leasing at the site.

  • June 09, 2025

    Senate Confirms Gibson Dunn Partner For EPA's No. 2 Post

    The U.S. Senate on Monday confirmed David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post.

  • June 09, 2025

    8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure

    A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.

  • June 09, 2025

    Feds Approve Mont. Coal Mine Expansion Amid Controversy

    The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.

  • June 09, 2025

    'No Question' DuPont Polluted Delaware River, NJ Court Told

    New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.

  • June 09, 2025

    Tax Court Backs Penalties In $24M Georgia Easement Feud

    An Internal Revenue Service agent properly followed the procedure to secure timely supervisory approval to impose penalties against a partnership for incorrectly claiming a $24 million charitable tax deduction on its Georgia conservation easement donation, the U.S. Tax Court said Monday.

  • June 09, 2025

    Hinshaw Welcomes Insurance Litigator To New Orleans Team

    Hinshaw & Culbertson has added a partner from Baker Donelson Bearman Caldwell & Berkowitz to its global insurance services practice in New Orleans, where she will represent insurance companies and other entities, the 500-lawyer firm announced Monday.

  • June 09, 2025

    Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul

    The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.

  • June 09, 2025

    Insurers Must Pay For $7.3M Hail Loss, Property Owner Says

    A dispute among insurers over when a Texas shopping center was damaged in a hailstorm has left the center short of full coverage for a $7.3 million loss, and the owner wants a federal court to ensure that the carriers found responsible will cover what they owe.

  • June 09, 2025

    Feds Argue Koi Nation's Historic Ties Justify Calif. Land Trust

    The Interior Department is looking to dismiss a challenge to its decision to take 70 acres into trust for a proposed tribal hotel and casino project in Sonoma County, California, telling a federal court that the Koi Nation has a significant historical connection to the site.

Expert Analysis

  • 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.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • 5 Steps To Promote Durable, Pro-Industry Environmental Regs

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    The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

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