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Environmental

  • September 11, 2025

    Ex-Nikola CEO Seeks To Undo Investor Class In Fraud Case

    Former Nikola CEO Trevor Milton on Thursday asked an Arizona federal judge to decertify at least part of a class of investors accusing him and the company of exaggerating the viability of Nikola's technology and its business prospects, arguing the lead investors didn't identify and contact class members during discovery.

  • September 11, 2025

    CFTC Withdraws Biden-Era Voluntary Carbon Credit Guidance

    The U.S. Commodity Futures Trading Commission has withdrawn Biden-era guidelines that were intended to foster transparency and deter manipulation in the emerging market for voluntary carbon credits.

  • September 11, 2025

    Judge Won't Sink Calif. Offshore Oil Platform Suit

    A California federal judge has rejected Sable Offshore Corp.'s bid to toss a lawsuit accusing the federal government of failing to make the company update safety and pollution-control plans, saying the government's decision to not require an update doesn't sink green groups' allegations.

  • September 11, 2025

    Muscogee Can Continue Fight Over Ala. Burial Grounds

    A federal district judge has conditionally allowed the Muscogee Creek Nation to renew its challenge against an Alabama tribe in a dispute over a sacred burial site, saying it must first cure its sovereignty pleading problem before refiling the complaint.

  • September 11, 2025

    Trump Admin Should Release Climate Panel Docs, Judge Says

    A Massachusetts federal judge on Thursday encouraged the Trump administration to voluntarily turn over records from a recently disbanded panel that environmental groups say worked secretly with regulators to justify a proposed reversal of the government's longstanding position that greenhouse gases are a threat to public health.

  • September 11, 2025

    State Regulators Press FERC To Back $21.8B MISO Grid Plan

    Utility commissions in favor of a $21.8 billion transmission development plan told the Federal Energy Regulatory Commission this week that other state commissions challenging the plan are mischaracterizing their policy differences as tariff violations.

  • September 11, 2025

    IRS Forfeits Opposition In $37M Easement Dispute, Court Told

    Two partnerships seeking to reinstate their combined $37 million tax deductions for donating adjoining Georgia conservation easements told the Eleventh Circuit that the IRS has effectively forfeited its opposition to their claim that the U.S. Tax Court made valuation errors in reducing their tax breaks.

  • September 10, 2025

    Trump Admin's Push To Sunset Energy Regs Faces Hurdles

    Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.

  • September 10, 2025

    Consumers Defend Challenge To Nippon-US Steel Merger

    Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.

  • September 10, 2025

    Biz Groups Ask 4th Circ. To Revisit Ethylene Oxide Class Suit

    Business groups have urged the Fourth Circuit to reconsider a recent ruling that allowed a West Virginia woman's proposed class action to proceed against Union Carbide Corp. and Covestro LLC over ethylene oxide exposure, arguing that she doesn't have ground for her medical-monitoring claims.

  • September 10, 2025

    Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds

    The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.

  • September 10, 2025

    FERC Urged To Drop 'Ill-Conceived' Pipeline Review Updates

    Gas industry groups urged the Federal Energy Regulatory Commission to accept Secretary of Energy Chris Wright's request to scrap plans for greater environmental reviews for pipeline approvals, agreeing that they exceed FERC's authority and undermine regulatory certainty.

  • September 10, 2025

    BLM Says It Will Rescind Biden-Era Land Conservation Rule

    The U.S. Bureau of Land Management on Wednesday said it will roll back the Biden administration's Public Lands Rule, which the agency says improperly prioritizes land conservation over uses like energy development and livestock grazing.

  • September 10, 2025

    SC Residents Ask 4th Circ. To Revive Marsh Development Suit

    A group of South Carolina residents urged the Fourth Circuit to reverse the dismissal of their suit challenging a federal plan to develop tidal marshland that's allegedly already part of a state public trust that bars development.

  • September 10, 2025

    $7M Ida Damage Case Settles Amid 5th Circ. Arbitration Fight

    A New Orleans property owner and its insurers have resolved a dispute over coverage for a $7 million Hurricane Ida damage claim, amid a fight over whether the matter belonged in arbitration, the parties told the Fifth Circuit.

  • September 09, 2025

    PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told

    The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    NY Climate Law Challenge Moved To Join Similar Case

    A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.

  • September 09, 2025

    States, Oil Groups Push For Wins In Drilling Ban Fight

    Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.

  • September 09, 2025

    Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions

    California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.

  • September 09, 2025

    Mitsubishi Accused Of Dodging Pollution Regs With Deception

    Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws. 

  • September 09, 2025

    Band-Aid Buyers Defend Standing, Claims In J&J PFAS Suit

    A proposed class of consumers is urging a New Jersey federal court to deny a motion by Kenvue Inc. and Johnson & Johnson seeking to dismiss claims that the companies hid the presence of a group of chemicals known as PFAS in Band-Aid products.

  • September 09, 2025

    11th Circ. Told Insurers Wrongly Denied $5.6M To Railroad Co.

    A Florida railroad company incurred minimal losses from Hurricane Irma in 2017 because it took measures to protect its property, but insurers unfairly used the preventive efforts to justify denying coverage for $5.6 million worth of costs under an all-risk policy, it told an Eleventh Circuit panel on Tuesday.

  • September 09, 2025

    11th Circ. Urged To Revisit Pause Of 'Alligator Alcatraz' Suit

    Environmental groups and a Florida tribe challenging the immigration detention center dubbed "Alligator Alcatraz" have asked the Eleventh Circuit to reconsider its order pausing the case while Florida appeals a preliminary injunction, arguing that it is "overbroad, unnecessary and prejudicial."

  • September 09, 2025

    Post-Chevron, DC Circ. Again Backs FERC Solar Ruling

    The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of the so-called Chevron deference.

Expert Analysis

  • Opinion

    SEC Should Restore Its 2020 Proxy Adviser Rule

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    Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.

  • Asbestos Trusts And Tort Litigation Are Still Not Aligned

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    A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.

  • Opinion

    Closing The Chemical Safety Board Is A Mistake

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    The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Opinion

    PFAS Reg Reversal Defies Water Statute, Increasing Risks

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    The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • CEQA Reform May Spur More Housing, But Devil Is In Details

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    A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.

  • What EPA Chemical Data Deadline Extension Means For Cos.

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    The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

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