Environmental

  • September 09, 2026

    California Judge Ends Tribe's Challenge Over Village Site

    A federal magistrate judge has ended a dispute between two California tribes over the management of an Indigenous coastal village site, determining that the Cher-Ae Heights Indian Community of the Trinidad Rancheria is an indispensable party in the litigation that is protected by sovereign immunity.

  • September 09, 2026

    Boston TV Station Seeks Ax Of Storm Crew Wage Suit

    A Boston television station urged a Massachusetts federal judge to toss a suit over alleged unpaid storm-coverage travel and preparation time, saying the claims fall short and must first go through union grievance and arbitration procedures.

  • September 09, 2026

    3rd Circ. Vacates Approval For NJ Pipeline Project

    The Third Circuit has vacated New Jersey's approval of a water quality certification for Transcontinental Gas Pipe Line Co. LLC's proposed Northeast Supply Enhancement project, ruling that the state unlawfully deferred requirements for monitoring and corrective action and failed to explain how the project would meet water quality standards.

  • September 08, 2026

    Mont. Judge Halts DOI River Diversions Over Bull Trout Harm

    A Montana federal judge temporarily blocked the Interior Department and West Side Ditch Co. from diverting water from the Upper Clark Fork River when streamflow falls below a certain rate, finding a pair of conservation groups showed that the challenged conduct was likely to harm the endangered bull trout population.

  • September 08, 2026

    Mass. Gov. Orders Community Deals For New AI Data Centers

    Massachusetts Gov. Maura Healey on Tuesday signed an executive order blocking any new artificial intelligence data centers in the state unless they have the backing of their host communities.

  • 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.

Expert Analysis

  • 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.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • Ensuring Eligibility For Data Center Sales Tax Breaks

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    As states compete to lure data centers, sales tax exemptions are an important component of many incentive packages — but companies must ensure that projects not only qualify for exemptions on paper, but also can preserve and prove their eligibility through the planning, construction and operation phases, says Peter Lowy at Nelson Mullins.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • NEPA Reforms Can Fix Permitting Without Weakening Review

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    Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

  • Preparing For Next Congress With Eye On Investigation Risk

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    Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • New Pipeline Repair Rules Shift Burden To Engineer Judgment

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    A proposal from the Pipeline and Hazardous Materials Safety Administration to allow operators more flexibility to make analysis-informed repair choices, rather than hew to long-standing prescriptive criteria, could make documenting the engineer’s decision-making process as important to compliance as the ultimate repair performed, says Ahuva Battams at Beatty & Wozniak.

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