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Environmental

  • June 02, 2025

    Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told

    Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.

  • June 02, 2025

    Emotional Distress Claim Dropped In Ohio Derailment Lawsuit

    An industrial tube maker dropped an emotional distress claim from a seven-count complaint seeking to hold Norfolk Southern liable for the fallout to local businesses impacted by a February 2023 train derailment and chemical spill in Ohio, according to an order released Monday.

  • June 02, 2025

    PG&E, Lenders Hit With Suit Over Solar Panel 'Scheme'

    Pacific Gas & Electric Corp. and several other companies were accused in California federal court of running a "bait-and-switch" scheme in which they saddle homeowners with hidden fees after tricking them into financing solar panel installations through zero-interest loans.

  • June 02, 2025

    FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told

    The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.

  • June 02, 2025

    DHS To Waive Environmental Laws For Border Wall In Arizona

    The U.S. Department of Homeland Security on Monday said it will waive a slew of environmental laws to facilitate border wall construction near Yuma, Arizona, an area the government says has a high amount of border crossing and drug trafficking.

  • June 02, 2025

    Ashurst, King & Wood Guide $9.1B Soul Patts Merger Plan

    Washington H. Soul Pattinson and Co. Ltd. and building products maker Brickworks Ltd. plan to merge into a company with a market capitalization of AU$14 billion ($9.1 billion), aiming to eliminate a decades-old cross-shareholding structure and create a unified entity, the Australian investment firm disclosed on Monday.

  • June 02, 2025

    Immunity Shields Mich. AG From Flint Water Prosecution Suit

    A Michigan federal judge has dismissed a wrongful prosecution lawsuit brought by a former aide to ex-Gov. Rick Snyder against the Michigan attorney general and Wayne County prosecutors, ruling that immunity shields the prosecutors from liability over their handling of charges against officials in the aftermath of the Flint water crisis.

  • June 02, 2025

    US Looks To Dodge Suit Over Gulf Oil Well Risks

    The federal government is asking a federal court to toss environmentalists' lawsuit alleging that it's ignoring the fact that owners of retired offshore oil and gas drilling infrastructure are failing to properly shut down the facilities.

  • June 02, 2025

    Sunnova Energy Sends Unit Into Ch. 11 With Over $100M Debt

    A unit of residential solar company Sunnova Energy International Inc. filed for Chapter 11 protection in Texas bankruptcy court with up to $500 million in both assets and debt, saying it has considered a potential sale of the business or a restructuring deal.

  • June 02, 2025

    Va. Landfill Says Waste Treatment Costs Sent It Into Ch. 11

    The owner of a closed-down Virginia landfill has filed for Chapter 11 protection in Delaware bankruptcy court with just over $183 million in debt, saying its costs for treating toxic wastewater exploded after an ex-employee falsified reports.

  • May 30, 2025

    Split 9th Circ. Won't Unblock Trump's Gov't Overhaul

    A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.

  • May 30, 2025

    Enviro-Focused Community Bank Exits FDIC Consent Orders

    The Federal Deposit Insurance Corp. has freed Maryland-based Forbright Bank from the penalty box, terminating a pair of consent orders that had restricted its growth and required anti-money laundering improvements.

  • May 30, 2025

    Court Sinks Iowa Farm's Challenge To 'Swampbuster' Law

    An Iowa federal judge has rejected a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas, ruling that the statute passes constitutional muster.

  • May 30, 2025

    Shell Speculated About Conn. Environment Goals, Group Says

    Two Shell Oil Co. subsidiaries speculated about Connecticut's regulatory goals while using the draft of a new state permit to interpret a prior permit governing a New Haven petroleum terminal, relitigating theories a judge rejected in 2023, an environmental group has said in its challenge to the terminal's flood readiness plans.

  • May 30, 2025

    Judge Says Stalled Colo. Dam Construction Poses Big Risks

    A Colorado federal judge has reversed course and will no longer bar Denver Water from completing a half-built dam, writing in an order that while the project was approved without a proper environmental review, there could be serious risks to people as well as the environment if the dam remains uncompleted.

  • May 30, 2025

    DOE Yanks $3.7B In Funding For Clean Energy Projects

    An ExxonMobil hydrogen project in Texas and carbon capture projects throughout the U.S. are among two dozen clean energy projects that have seen a combined $3.7 billion in funding rescinded by the Department of Energy, the agency said Friday.

  • May 30, 2025

    No Point In Vacating NEPA Ruling, Gov't Tells 8th Circ.

    The Trump administration on Friday urged the Eighth Circuit to preserve a North Dakota federal judge's decision striking down Biden-era National Environmental Policy Act regulations, a ruling that states and environmental groups say should be vacated.

  • May 30, 2025

    Mass. Transportation Agencies Sued For $1.2M In Runoff Fees

    Boston's Water and Sewer Commission is accusing the Massachusetts transportation and public transit agencies of failing to pay a new stormwater assessment that went into effect last year.

  • May 30, 2025

    Wachtell, Akin Steer EOG On $5.6B Energy Deal

    Wachtell Lipton Rosen & Katz and Akin Gump Strauss Hauer & Feld are advising EOG Resources Inc. on an agreement to acquire Encino Acquisition Partners from the Canada Pension Plan Investment Board for $5.6 billion including debt, EOG said on Friday. 

  • May 30, 2025

    Trump Admin Says States Can't Fight Wind Permit Pause

    The Trump administration said a Massachusetts federal judge should reject states' push to block a decision to pause permitting for wind energy projects, saying their claims amount to nothing more than a policy disagreement with no place in court.

  • May 30, 2025

    Mass. Can't Delay Developer's Suit Over Brownfields Credit

    Massachusetts tax officials who have taken more than two years to consider the appeal of a denied brownfields tax credit must hand over the administrative record in the case so that a developer can pursue a motion for judgment on the pleadings, a state court justice has ordered.

  • May 30, 2025

    Strathcona Lobs $4.3B Offer For MEG, Snags PE Investment

    North American oil producer Strathcona Resources Ltd. on Friday launched an unsolicited takeover offer to acquire Canadian thermal oil producer MEG Energy Corp. in a cash-and-stock deal, while simultaneously announcing a $662 million investment from Waterous Energy Fund in connection with the transaction.

  • May 29, 2025

    Shell Told To Disclose Climate Risk Docs In RI Terminal Case

    A Rhode Island federal judge Thursday ordered Shell Oil Co. to answer the Conservation Law Foundation's inquiries concerning its knowledge behind the construction and operation of a bulk storage terminal in Providence that the conservation group claims is unprepared for flooding and other weather events expected in a changing climate.

  • May 29, 2025

    Projects Get Some NEPA Relief, But How Much Is Unknown

    The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.

  • May 29, 2025

    Monsanto-Funded Researcher Influenced Panel, Jury Hears

    A Missouri jury hearing the latest trial over cancer claims related to Monsanto's glyphosate pesticides heard Thursday that a Monsanto-funded researcher was able to change the course of a prestigious international panel weighing the chemical's carcinogenicity.

Expert Analysis

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    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.

  • Assessing Gary Gensler's Legacy At The SEC

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    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.

  • Opinion

    Legal Personhood Can Give Natural Entities Their Day In Court

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    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.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    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.

  • Mentorship Resolutions For The New Year

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    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.

  • Trump's Energy Plans For Generation, Transmission And More

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    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.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    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.

  • 5 Litigation Funding Trends To Note In 2025

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    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.

  • Managing Litigation Side-Switching During 2nd Trump Admin

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    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.

  • Rethinking Litigation Risk And What It Really Means To Win

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    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.

  • Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

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    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.

  • How DOGE's Bite Can Live Up To Its Bark

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    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.

  • New York Climate Superfund Law May Face Preemption Fight

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    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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