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Environmental
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May 06, 2025
Texas Jury Clears Marathon Oil In $123M Force Majeure Case
A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.
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May 06, 2025
Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver
A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.
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May 06, 2025
Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit
Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.
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May 06, 2025
DOD Says It Has Standing To Halt Labor Contracts
The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."
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May 06, 2025
Mistrial Declared On Punitive Damages In Bard Cancer Case
A Georgia state judge declared a mistrial as to punitive damages Tuesday in a suit alleging C.R. Bard's ethylene oxide emissions caused a man's cancer, leaving a $20 million compensatory damages verdict in place but inviting a round of briefing on the unusual situation.
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May 06, 2025
Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say
Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
Firms Beat Malpractice Suit Over Chicken Plant Pollution
Delaware's Supreme Court on Tuesday affirmed a trial court's dismissal of a malpractice suit against Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA for their alleged mishandling of claims associated with a child's "catastrophic injuries" purportedly caused by contamination from a chicken plant.
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May 06, 2025
Nuclear Plant Renewal Rules Are Sound, Backers Tell DC Circ.
New U.S. Nuclear Regulatory Commission license renewal rules adequately account for environmental risks from accidents, aging equipment and climate change, industry players told the D.C. Circuit, urging it to reject a challenge brought by anti-nuclear power groups.
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May 05, 2025
DC Circ. Judge Doubts Fla. Plan To Permit Clean Water
At least one D.C. Circuit judge came to the table Monday morning extremely skeptical about the government's argument to restore the U.S. Environmental Protection Agency's approval of Florida's plan to assume control of a Clean Water Act permitting program, and she wasn't pulling any punches.
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May 05, 2025
Judge Poised To Decide If Mich. Will Face Dam Collapse Trial
A state judge will decide next week whether thousands of flood victims can proceed to trial on their claims that the state of Michigan is to blame for a hydroelectric dam collapse that caused widespread flooding.
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May 05, 2025
5th Circ. Says Biden Climate Officials' Info Not Protected
The Fifth Circuit on Monday ordered the U.S. Department of State to give the names of Biden administration officials who helped set the nation's greenhouse gas emissions targets to a conservative Texas-based legal group that's seeking climate change policy information.
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May 05, 2025
California Sues Feds Over Koi Nation Land Trust Approval
California Gov. Gavin Newsom is asking a federal court to vacate a Department of the Interior decision to take 70 acres into trust for the construction of a proposed hotel and casino by the Koi Nation, arguing that without reversal, the state may forfeit any regulatory control over gaming on the site.
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May 05, 2025
Calif. Chamber Gets Acrylamide Cancer Warnings Deleted
A California federal judge has sided with the state's Chamber of Commerce in a suit challenging Proposition 65's requirement that companies warn buyers about dietary acrylamide in their products, finding that it violates the First Amendment's protections against compelled speech.
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May 05, 2025
Sunoco Expands Into Canada With $9.1B Parkland Acquisition
Sunoco LP on Monday said it has agreed to buy Canadian gas station and refinery operator Parkland Corp. in a cash and equity deal worth approximately $9.1 billion, including assumed debt, a deal that greatly expands Sunoco's North American fuel distribution business.
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May 05, 2025
Feds Say Splitting Clean Air Trial Would Harm Public
Splitting a potential trial over a Detroit-area steel input manufacturer's alleged Clean Air Act violations into two phases would only cause unnecessary delays, the U.S. government has told a Michigan federal judge.
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
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May 05, 2025
Enviro Groups Push Back On Bid To Toss CSX Rebuild Suit
Environmental groups American Whitewater and American Rivers are fighting bids by U.S. government agencies and CSX Transportation Inc. to throw out their claims that the agencies wrongly permitted CSX to rebuild chunks of its railroad destroyed by Hurricane Helene, saying the complaint is sufficient to allege the agencies acted arbitrarily and capriciously.
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May 05, 2025
Supreme Court Won't Review Mass. Wind Farm Permits
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off the Massachusetts coast, rejecting allegations that the go-ahead ignored the risks the project poses to the commercial fishing industry.
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May 02, 2025
DOJ's Climate Change Suits Test Feds' Powers In State Affairs
The Trump administration's new lawsuits challenging state-level efforts to combat climate change are an unprecedented approach, several environmental attorneys say, and will test the judiciary's view of federal interests in state matters.
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May 02, 2025
9th Circ. Says USFS Must Reassess Wash. Forest Fire Plan
A Ninth Circuit panel partly sided with a conservation group Friday in a challenge of a federal forest restoration project, finding the U.S. Forest Service should've considered the potential impacts of a nearby project that took shape after a 2021 wildfire before approving the proposal.
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May 02, 2025
DC Circ. To Decide If 14 Miles Of Trains Is Too Many
The D.C. Circuit is set to decide whether federal regulators used bad data to approve a $31 billion merger between Canadian Pacific and Kansas City Southern that will see 14 miles of trains running through a set of Chicagoland communities each day.
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
Plaintiffs Seek Redo Over Sterilization Co.'s Trial Tactics
Four women who claimed a Colorado sterilization company caused their cancers asked a state court to order a new trial, arguing the business won a favorable verdict with prejudicial evidence about law firm ads and by suggesting the women are not "real victims but pawns in a scheme orchestrated by their lawyers."
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
Expert Analysis
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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New York Climate Superfund Law May Face Preemption Fight
New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Hydrogen Regs Will Provide More Certainty — If They Survive
Newly finalized regulations implementing the Section 45V clean hydrogen tax credit allow producers more flexibility, and should therefore help put the industry on more solid footing — but the incoming Trump administration and Republican Congress will have multiple options for overturning or altering the regulations, say attorneys at Steptoe.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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Climate Disclosure Spotlight Shifts To 2 Calif. Laws
With Donald Trump's election spelling the all-but-certain demise of the proposed federal climate disclosure rules, new laws in California currently stand as the nation's only broadly applicable climate disclosure requirements — and their brevity is both a blessing and a curse, say attorneys at Davis Polk.
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Final Hydrogen Tax Credit Regs Add Flexibility For Producers
The recently released final regulations implementing the Inflation Reduction Act's clean hydrogen production tax credit offer taxpayers greater flexibility, reducing risk and creating more certainty for investments in the industry, thus diminishing — but not eliminating — the risk of legal challenges to the regulations, say attorneys at Steptoe.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Anticipating The Maritime Sector's Future Under Trump 2.0
With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.