Environmental

  • May 16, 2025

    Pot Farm Can't Challenge Colo. Regulators' Alleged Inaction

    A Colorado state judge has dismissed a cannabis farm's suit alleging that state regulators haven't sufficiently cracked down on illegal operators, saying the farm isn't challenging a final agency action that is subject to judicial review.

  • May 16, 2025

    Disaster Relief Biz Partner Won't Split Duke Payout, Suit Says

    A North Carolina man who runs a company that provides support services for disaster relief has accused his business partner of pilfering his payout from a contract to provide meals for Duke Energy workers assisting in recovery efforts after Hurricane Helene.

  • May 16, 2025

    NJ, DuPont To Face Off In Landmark PFAS Trial Series

    New Jersey and chemical manufacturing giant E.I. DuPont de Nemours will square off Monday over the contamination at a former Salem County manufacturing facility in a first-of-a-kind series of trials that environmental attorneys expect will impact "forever chemicals" litigation across the country.

  • May 16, 2025

    Holland & Hart Hires DOJ Environmental Appellate Chief In DC

    Holland & Hart LLP has added the former chief of the U.S. Department of Justice's Environmental and Natural Resources Division, who joins the firm's Washington, D.C., office alongside her longtime DOJ colleague.

  • May 16, 2025

    DC Circ. Says Vt. Didn't Waive Hydro Dam Review Authority

    The D.C. Circuit on Friday nixed a Vermont village's lawsuit claiming the state waived its role in the federal relicensing of the village's hydroelectric project, saying it was the village's own actions that caused the state to miss a statutory deadline to act.

  • May 16, 2025

    5th Circ. Reverses Intervention Denial For Border Wall Cos.

    A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.

  • May 16, 2025

    Taxation With Representation: Blakes, Davies, Goodmans

    In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.

  • May 15, 2025

    $666M Pipeline Verdict 'Poster Child' For Reduction, Judge Told

    Lawyers for Greenpeace urged a North Dakota state judge Thursday to significantly reduce a $666 million verdict over claims that it falsely disparaged the Dakota Access pipeline amid environmental protests, with the jury having awarded ten times more on certain claims than even the pipeline's builder wanted.

  • May 15, 2025

    Wis. Tribe Urges Army Corps To Reject Enbridge Line 5 Permit

    Members of a Wisconsin tribe are urging the U.S. Army Corps of Engineers to deny Enbridge Energy Inc. a permit that will allow it to reroute its Line 5 pipeline around and upstream its reservation, arguing that, if allowed, hundreds of downstream wetlands and streams would be polluted by the project.

  • May 15, 2025

    Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights

    An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.

  • May 15, 2025

    Unions, Groups Seek Injunction To Block Gov't Restructuring

    A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.

  • May 15, 2025

    Regulatory Rollback Orders Legally Risky, FERC Chair Says

    The Federal Energy Regulatory Commission is attempting to comply with executive orders that aim to roll back federal regulations, but Chairman Mark Christie said Thursday that implementing the orders could open FERC up to lawsuits and potentially courtroom defeats.

  • May 15, 2025

    Toshiba Unit Can't Get Bench Trial In Hydro Plant Dispute

    A Toshiba subsidiary lost a bid to have a breach-of-contract case related to an upgrade of a Michigan hydroelectric power plant tried by a judge instead of a jury, the court rejecting an attempt to invoke a parent company's waiver of its right to a jury trial.

  • May 15, 2025

    Energy Dept. Expands Review Of $15B Worth Of Grants

    The U.S. Department of Energy said on Thursday that it's scrutinizing 179 grant awards worth $15 billion that it said were issued under the Biden administration.

  • May 15, 2025

    House Tax Bill's Foreign Rules May Finish Off Energy Perks

    House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.

  • May 15, 2025

    Battery Recycler Cites 'Green' Funding Uncertainties In Ch. 15

    Lithium battery recycler Li-Cycle asked a New York bankruptcy judge to recognize its Canadian insolvency, saying the current political climate has made investors wary of infusing money needed to tap a $475 million U.S. federal loan.

  • May 15, 2025

    NJ Toxic Spill Rule May Hamper Property Sales, Panelists Say

    A New Jersey Department of Environmental Protection regulation expected to take effect this summer could slow property sales and lead to increased litigation as attorneys and real estate investors grapple with stricter requirements for reporting toxic spills, experts speaking Thursday at the State Bar Association's annual meeting in Atlantic City said.

  • May 15, 2025

    Feds' Memo In Filing Mishap Is Privileged, NY Judge Says

    A New York federal judge has determined that the federal government's mistakenly filed memo in litigation over Manhattan's congestion pricing program is privileged and cannot be cited in the parties' arguments, but the memo won't be sealed because it's already been widely reported on.

  • May 15, 2025

    Insurer Wants Smokestack Demo Cos. To Pay For Damage

    Erie Insurance is seeking to make the companies that demolished two smokestacks at a former Western Pennsylvania coal-fired power plant pay $375,000 for damage that flying dust, debris and shock waves did to a neighboring property, according to a lawsuit filed in state court.

  • May 15, 2025

    AI Startup Perplexity Seeks $14B Valuation, And More Rumors

    Perplexity is in talks for a new funding round that would value the artificial intelligence startup at $14 billion, OpenAI is reworking a multibillion-dollar agreement with Microsoft Corp. in order to free up its plans for an initial public offering, and Dutch power grid operator TenneT is considering selling a stake in its German division for up to $13 billion.

  • May 15, 2025

    Senate Confirms Trump's Pick For EPA General Counsel

    The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.

  • May 15, 2025

    NC Furniture Maker Gets Pretrial Win On Helene Coverage

    A federal judge gave a North Carolina furniture manufacturer a pretrial win in its suit seeking Hurricane Helene coverage from Fireman's Fund Insurance Co., ruling that the policy at issue had an exclusion for flood damages but that the exclusion had a carve-out for "named storms."

  • May 14, 2025

    Tree Removal Is Major Cost Of PacifiCorp Damage, Jury Told

    Jurors in the latest wildfire damages trial against PacifiCorp heard Wednesday from an expert forester who testified that one of the affected properties needs over $1.5 million in tree removal and replacement services, but admitted he did not actually visit the property.

  • May 14, 2025

    Labor Groups Sue HHS Over Workplace Safety Agency Cuts

    Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.

  • May 14, 2025

    5th Circ. Declines To Rehear SEC's Kroger Proxy Decision

    The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.

Expert Analysis

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts

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    The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.

  • What's At Stake As 9th Circ. Eyes Cultural Resource Damages

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    In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • How Cos. Can Mitigate Increasing Microplastics Liability Risk

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    Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.

  • Strategizing For Renewable Energy Project Success In Texas

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    The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • 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.

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