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Environmental

  • September 16, 2025

    Feds Can't Avoid Property Owners' Navy Flight Takings Claims

    A U.S. Court of Federal Claims judge rejected the government's attempt to shutter property owners' claims accusing the U.S. Navy of violating the Fifth Amendment by boosting flight operations at a Washington air strip, paving the way for a March trial.

  • September 16, 2025

    EPA Sued For Dropping Slaughterhouse Water Pollution Regs

    Several organizations have filed a petition with the Ninth Circuit contesting the U.S. Environmental Protection Agency's decision to renege on a Biden-era proposal that would've levied stricter rules of how much meat and poultry slaughtering, processing, and rendering facilities could discharge pollutants into nearby waterways.

  • September 16, 2025

    BlackRock Blames Coal Production Cuts On Falling Demand

    BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.

  • September 16, 2025

    US Asks Court To Sink Vermont Climate Superfund Law

    The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law.

  • September 16, 2025

    Plant Bailout Cost Approvals Were Premature, FERC Told

    Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.

  • September 16, 2025

    Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds

    The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.

  • September 16, 2025

    Order Halting Ørsted Wind Project Is Valid, Trump Admin Says

    The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned.

  • September 16, 2025

    Insurer Must Arbitrate Chemical Injury Coverage Dispute

    An insurer must arbitrate its dispute with a homeowners association over coverage for underlying suits claiming that the association's pool contractor allowed hazardous chemicals to spread and injure patrons, a Virginia federal court ruled, finding that the policy's nonbinding arbitration agreement is enforceable under state law.

  • September 16, 2025

    Environmental Groups Say Gov't Won't Share Climate Docs

    Environmental groups have told a Massachusetts federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.

  • September 15, 2025

    FAA, SpaceX Get Early Win In Starship Enviro Review Suit

    A D.C. federal judge Monday handed a win to the Federal Aviation Administration and SpaceX in litigation alleging they failed to complete an adequate environmental review for SpaceX's Starship rocket launch program, ruling that the analysis was "perhaps imperfect" but ultimately well reasoned.

  • September 15, 2025

    Insurer Asks Court To Deny Fla. Tree Co.'s Coverage After Fire

    An Ohio-based insurance company filed a lawsuit against a tree service and a funeral services business in Florida federal court, saying that it should not have to defend the company that was sued over cutting down the tree that caused a fire and resulted in $2 million in damage. 

  • September 15, 2025

    Environmental Rules On Chopping Block For Gov't Contractors

    The General Services Administration and Federal Acquisition Regulatory Council truncated their regulatory agendas, stripping rules aimed at minimizing forever chemicals and greenhouse gas emissions in government contracting, as part of the Trump administration's deregulatory program. Here, Law360 takes a look at the regulatory priorities for the two agencies.

  • September 15, 2025

    11th Circ. Told Fla. 'Radioactive' Road Suit Must Be Tossed

    The U.S. government and a fertilizer producer urged the Eleventh Circuit to toss an environmental nonprofit's challenge to the use of radioactive phosphogypsum on a private roadway, arguing the nonprofit lacks standing. 

  • September 15, 2025

    FERC Abandons Push To Update Pipeline Review Policy

    The Federal Energy Regulatory Commission has ended its long-gestating proceeding aimed at updating its gas infrastructure approval policy, saying the policy the agency initially enacted in 1999 remains sound.

  • September 15, 2025

    Campbell's Soup Admits To Thousands Of Lake Erie Violations

    The Campbell's Soup Co. on Monday admitted to the federal government's and environmental groups' allegations that it violated a Clean Water Act permit more than 5,000 times at its Lake Erie facility, leaving only its penalty to be decided.

  • September 15, 2025

    Energy Trader Tries To Sink CFTC Spoofing Case

    An energy trading firm and its owner asked an Illinois federal judge on Friday to grant summary judgment on the Commodity Futures Trading Commission's allegations they manipulated the crude oil market, saying the agency has put forward no evidence the owner intended to cancel the futures orders in question when he placed them.

  • September 15, 2025

    Stop & Shop Says Too Late To Swap Plaintiff In Wipes Suit

    Stop & Shop on Monday urged a Massachusetts federal court to deny a bid to substitute new plaintiffs in a suit alleging its flushable wipes are not flushable as advertised, saying the plaintiff hasn't shown good cause for the change 14 months after the amendment deadline.

  • September 15, 2025

    Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed

    Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.

  • September 15, 2025

    Charleston SC Not Appealing Dismissal Of Climate Suit

    Charleston, South Carolina, has ended its pursuit of climate change-related infrastructure damages from fossil fuel companies, electing not to appeal a state judge's dismissal of the city's lawsuit last month.

  • September 15, 2025

    EPA Backs Off Drinking Water Regs For 4 PFAS

    The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.

  • September 15, 2025

    9th Circ. Says Ore. Water Rights Case Is Still Relevant

    The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.

  • September 12, 2025

    8th Circ. Pauses Challenges To Abandoned Climate Regs

    The Eighth Circuit on Friday said it would wait to rule on challenges to Biden-era climate disclosure rules that the U.S. Securities and Exchange Commission has said it will no longer defend, giving the regulator time to decide what it wants to do with the rules.

  • September 12, 2025

    DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight

    The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.

  • September 12, 2025

    States, Tribes Say New Policy Warrants Ore. Dam Case Restart

    An Oregon federal judge granted a joint motion by two states, environmental groups and tribes to lift a five-year stay in a lawsuit over Columbia River Basin dams' hydropower practices and attempts to restore fisheries, following a Trump administration memo revoking a basin agreement.

  • September 12, 2025

    EPA To Spike Greenhouse Gas Reporting Program

    The U.S. Environmental Protection Agency on Friday proposed repealing a 15-year-old program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions, which the EPA said would save companies money.

Expert Analysis

  • Calif. Board's Financial-Grade Climate Standards Raise Stakes

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    After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Biosolid Contaminants Spawn Litigation, Regulation Risks

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    While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

  • Top Takeaways From Trump's AI Action Plan

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    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

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    Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.

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