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Environmental
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April 23, 2025
Akerman Adds Womble Bond Renewable Energy Pro In NC
Akerman LLP has added a former Womble Bond Dickinson LLP partner to the firm's Charlotte, North Carolina, office for its corporate practice group, the firm announced Tuesday.
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April 23, 2025
Apollo Plugs $220M Into Energy-Focused Joint Venture
Private equity giant Apollo, advised by Orrick Herrington & Sutcliffe LLP, on Wednesday announced plans to commit up to $220 million into a new joint venture partnership with Brown Rudnick LLP-led Bullrock Energy Ventures.
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April 23, 2025
Judge Likely To Block Trump Collective-Bargaining Ban
A D.C. federal judge appeared ready on Wednesday to block President Donald Trump's executive order threatening to strip as many as 100,000 federal employees of their collective bargaining power, saying the order seems to target unions because they've challenged his actions, not because of any purported national security justification.
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April 23, 2025
M&A 'Pause' Requires Nimble, Creative Dealmaking
With deals stalling in a market defined by uncertainty, attorneys and the dealmakers they counsel are leaning on creative structures — from earnouts to partial stake sales — to keep transactions alive, according to corporate lawyers advising on major mergers and acquisitions.
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April 22, 2025
PacifiCorp Should Pay For 39 Years Of Fire Trauma, Jury Told
A group of nine displaced property owners started the latest trial Tuesday over 2020 wildfires during which PacifiCorp chose not to de-energize its power lines, telling an Oregon state jury that more than 39 years' worth of harm has been done when all the plaintiffs' sagas are considered together.
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April 22, 2025
Audit Finds Calif. Universities' Repatriation Efforts Still Slow
The University of California system, despite years of demands for compliance to a federal law designed to protect Indigenous burial sites, still lacks accountability and urgency to return to tribes the thousands of Indigenous remains and artifacts in its collections, according to a state audit on the process.
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April 22, 2025
Wind Farm Work Stoppage Raises Energy Project Risks
The Trump administration's recent move to freeze construction of a federally approved offshore wind farm has energy infrastructure developers concerned that their permits may not protect them from the government pulling the plug on their projects.
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April 22, 2025
US Intends To Proceed With Ariz. Copper Mine, Justices Told
The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.
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April 22, 2025
Ohio Derailment Not Caused By Texas Hurricane, Rail Co. Says
Railcar company GATX Corp. told a federal jury Tuesday that after three weeks of testimony, only a single witness had advanced Norfolk Southern's theory that a 2017 hurricane in Texas caused the hidden damage to a GATX-owned car that would eventually set off the 2023 derailment in East Palestine, Ohio.
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April 22, 2025
Phillips Steps Down As FERC Commissioner
Federal Energy Regulatory Commission Commissioner Willie Phillips stepped down from his role on Tuesday, paving the way for President Donald Trump to install a Republican majority at the five-member agency.
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April 22, 2025
GAO Report Looks At Gen AI's Environmental, Human Effects
Generative AI's promises to boost productivity and transform industries could benefit people, but it also comes with risks of social harm, and its effects on the environment remain unclear, the U.S. Government Accountability Office said in a report released Tuesday.
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April 22, 2025
Nuclear Startup To Go Public Through $475M SPAC Deal
Nuclear startup Terra Innovatum said Tuesday it plans to go public at a valuation of $475 million by merging with special purpose acquisition company GSR III Acquisition Corp., joining several industry peers to go public through a SPAC deal.
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April 22, 2025
At Least 10 Firms Assist On $1B Barrick Gold Alaska Deal
Barrick Gold Corp. said Tuesday it has agreed to sell its 50% interest in the Donlin Gold Project in Alaska to Paulson & Co. and Novagold Resources Inc. for $1 billion in cash, in a deal steered by at least 10 law firms.
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April 21, 2025
EPA Tells Enviro Justice Employees Reductions Are Coming
The U.S. Environmental Protection Agency on Monday issued reduction in force notices to employees in the recently shuttered environmental justice and civil rights office, as part of the agency's plan to carry out President Donald Trump's order to get rid of all diversity, equity and inclusion positions.
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April 21, 2025
Calif. Judges Who Lost Homes Sue LA Over Palisades Fire
A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.
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April 21, 2025
'Embarrassed' Judge Can't Yet Rule On Woolsey Fire Suit
A Los Angeles judge told attorneys from Southern California Edison and the state of California on Monday he is "embarrassed" that he is unable to yet rule on the government's motion for summary adjudication in its complaint seeking recovery of funds distributed to local agencies during the devastating Woolsey Fire in 2018.
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April 21, 2025
New Cos. Added As 7 Other Firefighter Unions Join PFAS Suit
Seven firefighters unions have joined a proposed class action accusing 3M Co., DuPont and safety gear companies of knowingly exposing first responders to cancer-causing "forever chemicals" in their protective equipment, according to a newly amended complaint filed in Connecticut federal court.
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April 21, 2025
AFGE Units Ask Court To Nix Agencies' Labor Contracts Suit
American Federation of Government Employees affiliates told a Texas federal court Monday to dismiss a lawsuit from the Department of Defense and other federal agencies asking the court to allow termination of collective bargaining agreements, saying the government does not have standing.
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April 21, 2025
Wind Farm Co. Asks 10th Circ. To Undo Osage Teardown Order
Enel Green Power North American Inc. is asking the Tenth Circuit to reverse a lower court's $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, arguing that its conclusion of continuing trespass for the retention of backfill rocks is unprecedented and illogical.
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April 21, 2025
Offshore Leasing Withdrawal Ruling Not Moot, Court Told
Environmental groups on Friday insisted an Alaska federal judge can reinstate her decision barring the Trump administration from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, blasting the government's contention that the ruling remains moot.
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April 21, 2025
DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule
The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.
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April 21, 2025
Feds Vow To Cut NY Funds If Congestion Pricing Stays On
The U.S. Department of Transportation on Monday amplified threats to pull federal funding for Manhattan roadway projects if congestion pricing continues, saying state officials now have until May 21 to explain why they're flouting a federal directive to halt the "unconscionable" program.
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April 21, 2025
Microchip Co. Wants USPTO To Apply New Rules Retroactively
A California company behind a new kind of energy-efficient microchip says it's retained a former U.S. Patent and Trademark Office director in order to make the case that the agency's new rules over discretionary denials should be retroactively extended by seven days, in order to wipe out a partially successful patent challenge from a Chinese rival.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
Interior Says Offshore Air Rule Challenge Must Be Nixed
The U.S. Department of the Interior and an oil and gas industry group on Friday said that the agency got it right in 2020 when it abandoned an Obama-era proposal to revise air pollution rules for offshore oil and gas operations.
Expert Analysis
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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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.