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Environmental

  • August 21, 2025

    HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts

    The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.

  • August 21, 2025

    EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request

    The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."

  • August 21, 2025

    Engineering Consultant Fights 'Sweeping' Ban On Job Move

    A former principal for a California environmental consulting firm asked a Michigan federal judge Thursday to dissolve or narrow a restraining order barring her from taking a job at a competitor, calling the order a "sweeping" ban that would "destroy" her career.

  • August 21, 2025

    Feds Extend Mich. Coal Plant Order Amid Court Fight

    The U.S. Department of Energy has renewed an order keeping a Michigan power plant open past its retirement date for another three months, as the government faces court challenges to its exercise of emergency powers.

  • August 20, 2025

    9th Circ. Blocks Alaska's Bid To Loosen Federal Fishing Regs

    The Ninth Circuit on Wednesday said Alaska state officials may not open part of the Kuskokwim River to gill net fishing by all residents of the state because that would violate a federal law that favors rural, subsistence fishers.

  • August 20, 2025

    Wash. Seeks To Stop NOAA's Climate Change Grant Cuts

    The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.

  • August 20, 2025

    States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate

    Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.

  • August 20, 2025

    Colo. AG Pans EPA Plan To End Vehicle-Emission Standards

    Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.

  • August 20, 2025

    DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal

    A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.

  • August 20, 2025

    Ark. Woman Gets Probation After Looting Native Burial Site

    An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.

  • August 20, 2025

    2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit

    The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.

  • August 20, 2025

    Chemours Says Injunction Appeal Warrants Stay Of CWA Suit

    Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.

  • August 20, 2025

    5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill

    A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.

  • August 19, 2025

    Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit

    Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."

  • August 19, 2025

    Nonprofits, Union Fight Withholding Of AmeriCorps Funds

    A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.

  • August 19, 2025

    Trump Energy Orders Suit Must Be Sustained, Youths Say

    Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

  • August 19, 2025

    2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row

    The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.

  • August 19, 2025

    Ute Tribe Says 1880 Act Proves Land Ownership Claim

    The Ute Indian Tribe asked the D.C. Circuit on Tuesday to reverse a lower court decision refusing to hand over ownership of federally managed land, saying a law dating back to 1880 required the U.S. executive branch to "set apart" lands for a new reservation.

  • August 19, 2025

    Chinese Co. Looks To Enforce $217M Salmon Farming Award

    Chinese agribusiness Joyvio Group Co. Ltd. is asking a Florida federal court to enforce a $217 million arbitral award it won following its nearly $1 billion purchase of a Chilean salmon farming business, after it emerged that the previous owners had deliberately inflated production capacity to drive up the price.

  • August 19, 2025

    Sunnova's $118M Sale Can Proceed Despite Bank's Protest

    A Texas bankruptcy judge Tuesday declined to undo a $118 million sale of almost all the assets of solar panel business Sunnova Energy International Inc., rejecting a St. Louis-area bank's argument that the debtor failed to disclose that nondebtor assets would be part of the transaction.

  • August 19, 2025

    Feds Say They'll Rescind Biden-Era Species Protections

    The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.

  • August 19, 2025

    DOJ Environmental Atty Joins McGuireWoods In DC

    A former U.S. Department of Justice lawyer who helped the Biden administration fight for the removal of a 1,000-foot buoy barrier in the Rio Grande and defended EPA guidance on forever chemicals has joined McGuireWoods' office in Washington, D.C.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 19, 2025

    Black Hills, NorthWestern Merge In $15.4B All-Stock Deal

    Utility company Black Hills Corp., advised by Faegre Drinker Biddle & Reath LLP, on Tuesday announced plans to merge with Morgan Lewis & Bockius LLP-advised energy and infrastructure company NorthWestern Energy Group Inc. in an all-stock deal with a combined enterprise value of $15.4 billion.

  • August 18, 2025

    4th Circ. Revives Ethylene Oxide Suit Against Union Carbide

    A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.

Expert Analysis

  • FAR Rewrite May Cloud Key Gov't Contract Doctrine

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    The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Opinion

    Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast

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    Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • House Bill Tax Tweaks Would Hinder Renewable Projects

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    Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.

  • What Gene Findings Mean For Asbestos Mesothelioma Claims

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    Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • Energy Order Brings Risks For Lenders And Borrowers Alike

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    A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

  • What's At Stake As Trump Admin Targets Carbon Markets

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    Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

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