Environmental

  • June 12, 2025

    Review Ordered For Alaska Gold Mine As Permits Kept Alive

    An Alaska federal judge isn't revoking key permits for a proposed gold mine in the state's Yukon–Kuskokwim region despite finding legal flaws in an environmental review, but she has ordered government agencies to reassess the risks of a catastrophic tailings spill while construction remains paused.

  • June 12, 2025

    Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal

    The California attorney general and 10 other states sued the Trump administration in federal court Thursday minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."

  • June 12, 2025

    Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff

    The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.

  • June 12, 2025

    Admin Of $600M Norfolk Southern Derailment Deal Removed

    The company administrating the payouts to plaintiffs in Norfolk Southern's $600 million settlement stemming from the fiery derailment in East Palestine, Ohio, has been replaced, because it purportedly made miscalculations that overpaid some claimants.

  • June 12, 2025

    Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale

    A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors. 

  • June 12, 2025

    Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale

    Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.

  • June 11, 2025

    4th Circ. Urged To Rethink Block On Federal Grant Restoration

    A group of nonprofits and cities asked the Fourth Circuit to reconsider its decision blocking an order that restored 32 congressionally funded grants frozen by the Trump administration, arguing Tuesday that the circuit's approach "would enable the Executive Branch to evade judicial review and unconstitutional actions to go unchecked."

  • June 11, 2025

    Judge Sides With Feds In Suit Over NJ Wind Farm Approvals

    A New Jersey federal judge on Wednesday rejected a revised attempt by an advocacy group to block a set of federal approvals allowing incidental harm to marine life during work on offshore wind projects, finding the group's president failed to show how he was harmed by the approvals.

  • June 11, 2025

    EPA Floats Takedown Of Biden GHG, Mercury Emissions Regs

    The U.S. Environmental Protection Agency on Wednesday said that the nation's power sector's greenhouse gas emissions don't significantly endanger people's health, and that therefore, the Clean Air Act doesn't allow regulations aimed at reducing those releases.

  • June 11, 2025

    Chubb Unit Underpaid Hydroelectric Plant Losses, Suit Says

    A Chubb unit underpaid a renewable energy plant operator for losses sustained after several water flow barriers malfunctioned, the assignee of the operator told a New York federal court, saying the insurer paid less than half of the $5.6 million it owed.

  • June 11, 2025

    Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments

    National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.

  • June 11, 2025

    Denver Appeals Decision Limiting Dam's Expansion

    The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.

  • June 11, 2025

    3rd Circ. Sends Dow Pollution Suit Back To NJ State Court

    The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.

  • June 11, 2025

    Trade Groups Revive Suit Over Colo., Denver Efficiency Rules

    A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.

  • June 10, 2025

    Jury Awards $28M In Latest PacifiCorp Wildfire Trial

    Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.

  • June 10, 2025

    Mazda Driver Says Emissions Claims Distinct From Calif. Case

    A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.

  • June 10, 2025

    Electric Truck Co. Lordstown Wants Investors' Suit Tossed

    Electric truck startup Lordstown Motors Corp. has asked an Ohio federal judge to dismiss consolidated class claims from investors alleging the company misrepresented its production capacity and demand, saying it made no misleading representations about pre-orders.

  • June 10, 2025

    Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility

    A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.

  • June 10, 2025

    Tribes' Effort To Overturn Ore. Casino Land Decision Halted

    A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.

  • June 10, 2025

    Trump Wind Farm Pause Has Stalled Projects, Judge Hears

    A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.

  • June 10, 2025

    Plastic Waste Often Illegally Burned, Tax Chiefs Say

    Plastic waste shipped abroad is often illegally incinerated rather than recycled, including that in Turkey and Indonesia, the Dutch and British tax authorities said Tuesday.

  • June 10, 2025

    Mo. Verdict Winner Urges Justices To Deny Roundup Appeal

    A Missouri man awarded $1.2 million for a failure-to-warn claim alleging Roundup weed killer caused his cancer urged the U.S. Supreme Court to deny Monsanto's petition for review, saying the company is only trying to avoid liability.

  • June 10, 2025

    GrafTech Brass Face Derivative Suit Over Enviro Disclosures

    A GrafTech International shareholder has sued the electrode-maker's top brass in Ohio federal court over their alleged long-running cover-up of the company's environmental contamination in Monterrey, Mexico.

  • June 09, 2025

    Texas, BlackRock Face Judge's Questions Over Coal Suit

    A Texas federal judge on Monday questioned BlackRock Inc. and a Republican-led coalition over claims that the asset manager conspired with others in the industry to drive down coal production through its investment in publicly traded energy companies, wondering whether pressure placed on the companies to provide more detailed climate disclosures was enough to move the lawsuit forward.

  • June 09, 2025

    Enviro Groups, Tribes Can Intervene In Coal Leasing Ban Row

    A Wyoming federal judge allowed a coalition of tribes and environmental groups to intervene in a challenge to the Biden administration's 2024 decision ending new coal leasing on public lands in the Powder River Basin, citing the groups' participation in prior suits over leasing at the site.

Expert Analysis

  • DOE Grant Recipients Facing Termination Have Legal Options

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    Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

  • Justices Hand Agencies Broad Discretion In NEPA Review

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    By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • Calif. Air Board Offers Early Hints On Climate Reporting

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    As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

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