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Environmental
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April 28, 2025
FAIR Plan Failed To Pay For LA Fire Smoke Claims, Suit Says
Another group of California homeowners has accused the state's insurer of last resort of illegally denying and underpaying claims for smoke damage following the Los Angeles wildfires despite its obligation to cover all fire-related damage under California law, according to a lawsuit filed in state court.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
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April 28, 2025
EPA Restarts Voluntary Retirement Program
The U.S. Environmental Protection Agency on Monday refreshed its effort to convince employees to take a voluntary retirement package that was rolled out in the early days of the Trump administration but has been dormant until now.
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April 28, 2025
Nikola Seeks Court OK For $9M Climate-Credit Sale Process
Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.
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April 28, 2025
EPA Touts Intention To Act On PFAS Contamination
The U.S. Environmental Protection Agency on Monday said it's planning a series of actions to address pollution from forever chemicals, including the designation of a leader for PFAS regulation and issues at the EPA.
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April 28, 2025
10th Circ. Says EPA Overlooked Colo. Air Pollution Concerns
The Tenth Circuit on Monday said the U.S. Environmental Protection Agency inappropriately approved changes to Colorado's air pollution standards that a green group claimed allow regulators to disregard emissions during drilling, fracking and well completion processes.
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April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told
Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
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April 25, 2025
Okla. Backs Wind Farm At 10th Circ. In Osage Mineral Dispute
Oklahoma is backing Enel Power in its Tenth Circuit bid to undo a $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, saying the project provides tax revenue, employment and a stable power source for tens of thousands of homes.
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April 25, 2025
SPAC Deals Are Buzzing Again Despite Tariff Turmoil
Amid heavy volatility that has largely frozen traditional initial public offerings, deal teams are launching more special purpose acquisition companies, an alternative market to typical IPOs that so far has shown few ill effects from tariff-related uncertainty.
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April 25, 2025
Interior's Energy Permits Plan Has Legal And Practical Risks
The U.S. Department of the Interior's plan to truncate environmental reviews and accelerate the approval process for certain energy projects could be vulnerable to lawsuits, given the legwork needed to ensure project reviews are sufficient.
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April 25, 2025
Judge Blocks Trump Order Limiting Fed. Worker Bargaining
A Washington, D.C., federal judge on Friday blocked President Donald Trump's order last month seeking to end collective bargaining for workers at more than a dozen federal agencies with national security roles, two days after suggesting during oral arguments that Trump's order was retaliatory.
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April 25, 2025
Exxon Can't Use $8.5M Deal To Skirt Pa. Suit, Judge Says
Exxon Mobil Corp. and ExxonMobil Oil Corp. can't use an $8.5 million settlement from 2012 to escape Pennsylvania's drinking water contamination suit, a New York federal judge has ruled.
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April 25, 2025
$1.1M Hail Coverage Suit Against Travelers Is Time-Barred
An Oklahoma property owner cannot get revised coverage from two Travelers units for more than $1.1 million in claimed hail damage repairs, an Oklahoma federal court ruled, finding that after Travelers paid roughly $100,000 in coverage, the property owner filed its coverage action too late.
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April 25, 2025
WTO Will Hear EU-China Dispute Over Electric Car Batteries
A World Trade Organization dispute panel will hear China's complaint against the European Union's duties on Beijing's electric car batteries after talks between the two governments failed to resolve the matter, the global trade watchdog announced Friday.
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April 25, 2025
Font Size Error Dooms USDA Contract Bid
An information technology services company lost out on a U.S. Department of Agriculture contract for using the wrong font size in its quotation, after the U.S. Government Accountability Office found that it failed to follow the USDA's formatting guidelines.
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April 25, 2025
Calif. AG Asks Court To Sink Exxon Recycling Defamation Suit
California's attorney general is asking a Texas federal court to dismiss Exxon Mobil Corp.'s lawsuit alleging he and several conservation groups have disparaged the company's reputation by declaring that it misled people about the effectiveness of plastic recycling.
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April 25, 2025
NJ Industrial Remediation Claims Not Time-Barred, Panel Says
A Garden State appellate panel on Friday revived New Jersey's suit seeking the remediation of a contaminated industrial property in the city of Camden and associated damages, ruling that the state's remediation claims are not time-barred.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
Nelson Mullins Adds Product Liability Pro In Charlotte
Nelson Mullins Riley & Scarborough LLP has welcomed seasoned product liability litigator William Purnell to its Charlotte, North Carolina, litigation group, where the firm said it intends to draw on his experience defending manufacturers in complex matters involving everything from consumer goods to industrial equipment.
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April 25, 2025
Taxation With Representation: Dechert, Brown Rudnick
In this week's Taxation With Representation, Boeing sells parts of its digital aviation solutions business to Thoma Bravo, Baker Tilly and Moss Adams join forces, Mobico sells its U.S. school bus business to I Squared Capital, and Apollo commits to a joint venture with Bullrock Energy Ventures.
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April 24, 2025
DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws
The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.
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April 24, 2025
11th Circ. Considers Sackett's Impact In Clean Water Suit
Green groups and citizens who alleged Georgia's Sea Island resort misled the Army Corps of Engineers about a wetlands filling project urged the Eleventh Circuit to revive their suit Thursday, with the groups and resort arguing the Supreme Court's 2023 ruling in Sackett v. EPA worked in their favor.
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April 24, 2025
EPA Faces Diverging Input On How To Modify WOTUS Rule
The Trump administration is being pulled in opposite directions by a wide variety of industry groups that are urging it to take a very narrow view of the Clean Water Act's jurisdiction, and environmental organizations and others who say the law should cover the most waterways possible.
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April 24, 2025
2 SPACs Join Recovering Market With $461M In New Capital
Two special purpose acquisition companies raised $461 million combined through initial public offerings in the past two days in order to pursue mergers targeting several industries, represented by three law firms, extending an uptick in SPAC offerings despite broader market volatility.
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April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs
The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
Expert Analysis
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.