Environmental

  • August 31, 2026

    NY's Landmark Climate Change Superfund Law Blocked

    A New York federal judge Monday held that New York's Climate Change Superfund Act is preempted by federal law and cannot be enforced, saying the Clean Air Act does not authorize the Empire State to roll out its own emissions compensation scheme.

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    Jones Day Vet Returns After 'Intense' Run In High DOJ Post

    An appellate attorney who fought some of the second Trump administration's biggest legal battles — involving immigration, the environment, spending conditions and more — is rejoining Jones Day after more than a year in the U.S. Department of Justice's top ranks, the firm announced Monday.

  • August 31, 2026

    Oregon Packaging Law Survives Constitutional Challenge

    An Oregon federal judge ruled against a national trade association's challenge of an Oregon law that imposed recycling system costs on producers of packaging materials, rejecting arguments that it was unconstitutional.

  • August 31, 2026

    5th Circ. Judges Cast Doubt On Fight Over La. LNG Permit

    A Fifth Circuit panel on Monday expressed skepticism that environmental groups had standing to challenge Louisiana's approval of a preconstruction permit for a major liquefied natural gas export terminal in Cameron Parish.

  • August 31, 2026

    LA County Says State Farm Botched Fires Claims Handling

    Los Angeles County on Monday accused State Farm of systemic violations of California consumer protection laws in its property insurance business and its handling of homeowners claims connected to the 2025 Palisades and Eaton fires.

  • August 31, 2026

    3rd Circ. OKs Ex-Biofuel Execs' Fraud Subsidy Convictions

    The Third Circuit upheld two former biofuels executives' fraud convictions tied to IRS and EPA fuel subsidies, denying them a retrial based on claims that a Pennsylvania lower court improperly refused to provide jurors more information on the agencies' regulations.

  • August 31, 2026

    High Court Allows Trump To Continue Ballroom Construction

    A split U.S. Supreme Court ruled Monday that President Donald Trump can continue construction of a new White House ballroom while litigation over the project's legality continues. 

  • August 31, 2026

    Businesses Agree To Drop Norfolk Southern Derailment Suits

    Ohio federal judges on Monday tossed more than a half dozen lawsuits business owners filed against Norfolk Southern Corp. over the East Palestine train derailment and chemical spill in the state after the plaintiffs and the railroad moved to have them dismissed.

  • August 31, 2026

    NY, Okla. Tribes Decry Trump Renaming Lake Ontario

    Tribal nation leaders have called for President Donald Trump to rescind his executive order to rename Lake Ontario, saying he can't assert ownership over Indigenous culture or "erase it through irresponsible political action."

  • August 31, 2026

    3 Firms Lead $4.4B Permian Midland Basin Asset Sale

    Midstream energy company Oneok unveiled plans to acquire Brazos Midstream's Permian Midland Basin natural gas gathering and processing assets in a deal valued at roughly $4.425 billion and built by three law firms.

  • August 31, 2026

    Shareholders Say Generator Co. Overhyped Data Center Deal

    A shareholder in Hyliion Holdings Corp. is accusing the linear generator manufacturer in Texas federal court of exaggerating the potential success of its business partnership with an AI infrastructure company that specializes in data centers.

  • August 31, 2026

    SC Panel Waives Scrutiny On Kirkland-Guided Data Center

    South Carolina regulators have decided not to apply a law requiring construction approval to a 450-megawatt, natural gas-powered project proposed by a Kirkland & Ellis LLP-advised data center builder, despite calls from an environmental group for more scrutiny of the development.

  • August 28, 2026

    Wash. Paper Mill Tank Called Unfit Ahead Of Deadly Collapse

    An inspector warned Nippon Dynawave Packaging that a storage tank at its paper mill in Washington state was unfit for service and at high risk of failure roughly 10 months before the vessel ruptured in May and flooded the plant with corrosive liquid that left 11 employees dead, the U.S. Chemical Safety and Hazard Investigation Board reported Friday.  

  • August 28, 2026

    Industries, States Take Soot Rule Fight To Supreme Court

    A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

  • August 28, 2026

    ConocoPhillips Can't Dodge Climate Torts, Wash. Tribes Say

    Two Native American tribes urged a Washington state judge Friday to preserve their climate change tort claims against ConocoPhillips, contending there's a "clear connection" between the oil company's Washington ties, its alleged actions downplaying the dangers of burning fossil fuels and the tribes' purported injuries.

  • August 28, 2026

    Calif. Challenges Trump Admin's Offshore Wind Lease Buyout

    California Attorney General Rob Bonta filed a federal lawsuit on Friday against the Trump administration and Golden State Wind LLC, claiming the government unlawfully used a $120 million buyout of the company's offshore wind energy lease to end the renewable energy project and facilitate fossil fuel development.

  • August 28, 2026

    Feds Gain Ground In Energy Permit Turf War With States

    A federal judge's endorsement earlier this month of the Trump administration's restart of a pipeline over California's objections will likely embolden the federal government to override state opposition to energy project development, but the ruling won't be the last word on the legality of such moves.

  • August 28, 2026

    Ariz. Tribe Seeks To Pause Border Wall Work During Appeal

    The Tohono O'odham Nation is asking a district court to pause an order that denied its bid to block construction of a border wall near its Arizona reservation while it appeals the ruling to the D.C. Circuit, saying the federal government "plainly feels emboldened" by the decision.

  • August 28, 2026

    Polish Solar Co. GoldenPeaks Confirms Ch. 11 Wind Down

    A Texas bankruptcy judge on Friday agreed to confirm energy group GoldenPeaks Poland's Chapter 11 plan, which will see it liquidate after an asset sale to its largest creditor, Brookfield Asset Management Ltd., closes.

  • August 28, 2026

    Trump Admin Wants Oklahoma Smelter Suit Thrown Out

    The U.S. Department of Justice asked a federal judge to dismiss Oklahoma's challenge of a massive aluminum smelter project the Trump administration has backed with a $500 million grant, arguing that the case is premature and that the facility is vital to national security.

  • August 28, 2026

    NJ Law Requires Data Centers To Report Utility Usage

    New Jersey Gov. Mikie Sherrill signed a bill into law on Aug. 27 that requires data centers in the state to provide the New Jersey Board of Public Utilities with semiannual water and energy usage reports.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 28, 2026

    Mazda Driver Avoids Sanctions In Oil-Burning Defect Suit

    A North Carolina federal judge has refused to sanction a Mazda driver and his attorneys for their attempt to revive a proposed class action over an alleged oil‑burning defect, finding the effort unlikely to succeed but not improper.

  • August 27, 2026

    US Oil Co. Ordered To Pay €2.3M Award To Slovakia

    A federal judge has ordered Discovery Global LLC to pay nearly €1.8 million ($2.1 million) remaining on a €2.75 million arbitral award issued to Slovakia after the Texas oil and gas company lost an investor-state claim in which it had sought as much as $2.1 billion.

Expert Analysis

  • 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.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • How Cos. Can Prepare For California's Textile Recovery Act

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    Staged implementation of California's Responsible Textile Recovery Act, establishing the state's first extended producer responsibility program for apparel and textile articles, has begun — and companies that review their data readiness, contracts and exposure risks now will be best prepared when the act comes into full effect, says Thierry Montoya at FBT Gibbons.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Keys To Federal Carbon Compliance In Data Center Siting

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    Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

  • Nippon Case Illustrates Challenges Of Proving Antitrust Injury

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    A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.

  • What To Watch At The 2026 ABA Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

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