Environmental

  • September 08, 2026

    Fed. Circ. Backs Nuke Plants' Win In DOE Breach Case

    The Federal Circuit has affirmed a lower court ruling that the owners of three shuttered nuclear power plants were entitled to $145 million due to the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal.

  • September 08, 2026

    FCC Could Revamp Enviro Regs Over Broadband Deployment

    The Federal Communications Commission will consider slashing the number of permit reviews required for thousands of broadband deployment projects under the National Environmental Policy Act.

  • September 08, 2026

    ConocoPhillips Exits Wash. Tribes' Suits Over Climate Harm

    A Washington state judge has granted ConocoPhillips' bid to exit two Native American tribes' revised lawsuits accusing the oil corporation of downplaying the risks of burning fossil fuels, concluding that the tribes haven't pointed to deception that was aimed at Washington state.

  • September 08, 2026

    SEC Sues Proxy Adviser Firm ISS For Client Voting Records

    The U.S. Securities and Exchange Commission has asked a Pennsylvania federal court to enforce a subpoena against Institutional Shareholder Services, alleging the proxy advisory firm is improperly withholding information about the voting advice ISS gives institutional investors due to fears of retaliation.

  • September 08, 2026

    'Resilience,' Scale Up For Changes In EU Merger Overhaul

    With major European Union merger reforms due for finalization by the end of the year, the EU's top competition official said Sunday that enforcers plan to add more clarity to the draft merger guidelines, including by spelling out how improving environmental "resilience" can push transactions across the finish line.

  • September 08, 2026

    Gibson Dunn-Led Holtec Nuclear Readies $825M IPO

    Nuclear power plant equipment and services company Holtec Nuclear on Tuesday unveiled plans for an estimated $825 million initial public offering advised by Gibson Dunn & Crutcher LLP, kicking off the IPO market's post-Labor Day pipeline.

  • September 08, 2026

    W.Va. AG Calls Pa. Alternative Energy Laws Unconstitutional

    West Virginia Attorney General J.B. McCuskey has filed a federal lawsuit over Pennsylvania laws that limit most of the Keystone State's "alternative energy credits" to in-state power producers, arguing that shutting out sources from other states violates the dormant commerce clause of the U.S. Constitution.

  • September 08, 2026

    CIT Backs Commerce's Reworked Korean Wind Tower Rate

    The U.S. Department of Commerce properly justified revised antidumping duty rate calculations for certain Korean wind tower imports, according to a U.S. Court of International Trade opinion that blessed a new rate for the products over stakeholder objections.

  • September 08, 2026

    Tamarack, Headwater To Merge In $7.2B Canadian Energy Deal

    Tamarack Valley Energy Ltd. and Headwater Exploration Inc. said Tuesday they have agreed to merge in an all-stock transaction valued at CA$10 billion, or about $7.2 billion, with Stikeman Elliott LLP and Burnet Duckworth & Palmer LLP advising, respectively. 

  • September 04, 2026

    Ohio Justices Tee Up Data Center Vote In Another City

    The Ohio Supreme Court will allow the residents of Trenton, Ohio, to vote in a special election for a proposed city charter amendment that will ban the construction of data centers in the city, which is similar to a recent Ohio high court decision that set up a potential data center vote.

  • September 04, 2026

    Divided 5th Circ. Backs Toss Of Jackson Water Suit

    A split en banc Fifth Circuit affirmed the dismissal of a lawsuit Jackson, Mississippi, residents filed over lead in city drinking water, with the majority holding that the residents asserted rights to uncontaminated water and accurate information from public officials that the U.S. Constitution doesn't grant.

  • September 04, 2026

    Wash. AG Opposes PacifiCorp $1.9B Sale Of State Assets

    The Washington Attorney General's Office has asked the state's Utilities and Transportation Commission to reject Pacific Power and Light Co.'s $1.9 billion sale of its Washington service area to Portland General Electric, saying the deal would raise costs and cut customers off from one of the state's clean energy sources.

  • September 04, 2026

    Judge Allows Expert Swap in Flint Water Crisis FTCA Case

    A Michigan federal judge on Friday allowed plaintiffs suing the federal government over its response to the Flint water crisis to replace a pediatric neuropsychology expert who was diagnosed with Alzheimer's disease, while barring the replacement expert from conducting a new examination or expanding on the original expert's opinions.

  • September 04, 2026

    Ga. Landowners' Water Pollution Dispute Sent To Mediation

    Georgia property owners will mediate a dispute with land developers over claims that the developers polluted streams and a lake on their property during preparations for a solar farm, according to an order in federal court.

  • September 04, 2026

    EPA Calls SD Tribe's Uranium Mine Challenge 'Flimsy'

    The U.S. Environmental Protection Agency has asked the Eighth Circuit to throw out a challenge by the Oglala Sioux Tribe and activist groups against EPA actions letting an energy technology company conduct uranium mining in the Black Hills of South Dakota.

  • September 04, 2026

    NextEra's $67B Deal Clears Vote Ahead Of Regulatory Hurdles

    The shareholders of Kirkland & Ellis LLP-advised NextEra Energy and Dominion Energy, advised by McGuireWoods LLP, have approved the companies' planned $67 billion merger, as regulatory scrutiny mounts at the state and federal levels.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 04, 2026

    US Steel Pollution Class Has 'Unharmed' Members, Court Told

    U.S. Steel wants to decertify a class of neighbors allegedly impacted by pollution from the Clairton Coke Works after a 2018 fire, arguing to a Pennsylvania state court judge Friday that testimony from class members who say they weren't affected should scuttle classwide treatment of a nuisance lawsuit.

  • September 04, 2026

    Exclusion Extinguishes PPE Maker's PFAS Coverage Bid

    A commercial general liability insurer owes no coverage to a personal protective equipment manufacturer sued by firefighters who said the company's gear exposed them to forever chemicals, an Ohio federal court ruled, finding that the claimed injuries fall under an occupational disease exclusion.

  • September 04, 2026

    AI Land Use Fights Are Just Getting Started In Mass.

    Some Massachusetts cities and towns are scrambling to update their zoning rules amid rising tensions over artificial intelligence data centers, with disputes expected to play out in the courts and on Beacon Hill in coming years.

  • September 03, 2026

    Oil Cos. Seek Quick Appeal To Nix Suit Over Heat Wave Death

    Exxon, Chevron, Shell and other oil giants say they plan to seek appellate review of a Washington judge's order refusing to dismiss a civil suit over a woman's 2021 death that alleged the defendants knew their products were intensifying extreme weather patterns but downplayed risks to maximize profit.  

  • September 03, 2026

    Judge Decries 'Gamesmanship' In Nixing EPA Waiver Moves

    A federal judge has struck an initial blow against the Trump administration and congressional Republicans' aggressive use of the Congressional Review Act to block the U.S. Environmental Protection Agency's move to make Clean Air Act waivers for California subject to potential rescission by lawmakers.

  • September 03, 2026

    Alaska's Izembek Road Work OK'd Despite Axed Land Swap

    A federal judge has slapped down an environmental group's bid to preliminarily stop the state of Alaska and a Native village corporation from beginning construction on 2.8 miles of road adjacent to the Izembek National Wildlife Refuge.

  • September 03, 2026

    ISun Ch. 7 Trustee Sues Former Execs Over Self-Dealing

    The Chapter 7 trustee in the bankruptcy of solar power company iSun Inc. accused the former CEO and Chief Financial Officer of sinking the company into insolvency through self-dealing and hidden debt transactions, saying in an adversary suit their actions were reckless.

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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