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Environmental
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May 21, 2025
Simpson Thacher, Hogan Lovells Guide $1.75B Shipping Deal
Typewriter Ascend Ltd., an entity backed by Stonepeak and affiliated with container leasing firm Textainer, has agreed to acquire Global Sea Containers Ltd. from China's Bohai Leasing Co. in a deal valued at $1.75 billion.
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May 20, 2025
FWS' New 'Harm' Proposal Draws Praise, Concern For Species
Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.
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May 20, 2025
Tax Credit Repeal Would Deflate US Hydrogen Development
The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.
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May 20, 2025
No Bad Faith Means $461K Case Returns To Fla. State Court
A Florida federal court sent a $461,000 property damage dispute back to state court Tuesday, finding that while a condo association's timing in serving one insurer prevented the carrier from removing the case to federal court, there wasn't bad faith so a deadline applied.
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May 20, 2025
Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts
A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.
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May 20, 2025
State AGs Say No To Nixing Wireless Site NHPA Reviews
Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Chicago Orgs Fight Feds' Bid To Drop Dredged Waste Suit
Two advocacy groups that challenged a U.S. Army Corps of Engineers decision to expand a disposal facility that stores sediments dredged from Chicago waterways said Monday that the court retains jurisdiction even though the Army Corps has withdrawn that decision and should only dismiss the case on certain conditions.
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May 20, 2025
Health Clinics Say Fake Trash Fee Scheme Cost Them Millions
Republic Services Inc. got hit with a proposed class action by health clinics in Michigan and Ohio that claim the waste disposal company breached its contracts with them by charging "tens of millions" in excess fees without any legal justification.
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May 20, 2025
Russia Challenges EU Carbon Border Tax At WTO
Russia formally initiated a dispute at the World Trade Organization over the European Union's carbon border adjustment mechanism, suggesting that the emissions pricing system violates multilateral trade agreements, according to documents released by the organization.
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May 20, 2025
GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms
Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.
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May 20, 2025
Former Hemp Worker Brings Paraquat Suit Against Syngenta
A Colorado man formerly employed in the hemp industry alleged in a new federal lawsuit that his exposure to the herbicide paraquat while at work is responsible for his Parkinson's disease.
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May 20, 2025
Judge Revives Suit Challenging BLM Lease Sales In Utah
A Utah federal judge said she erred when she tossed a lawsuit challenging multiple U.S. Bureau of Land Management oil and gas lease sales in the state, as she failed to recognize that the agency had recently issued drilling permits for some of the transactions.
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May 20, 2025
2 More Countries Sign WTO Fishing Trade Pact
Two more countries, Georgia and Lesotho, have signed on to a World Trade Organization agreement to improve regulations around fishing industry subsidies.Â
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May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds
The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
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May 19, 2025
Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say
Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.
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May 19, 2025
Interior Dept. Lifts Freeze On Empire Wind Project
The U.S. Department of the Interior has lifted its stop-work order, allowing construction to resume on the Empire Wind offshore wind energy project south of New York's Long Island, according to an announcement made Monday.
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May 19, 2025
Chicago's Climate Deception Suit Heads Back To State Court
An Illinois federal judge has found that the city of Chicago's lawsuit looking to hold the nation's largest oil producers liable for allegedly deceiving the public about fossil fuel consumption should be litigated in state court.
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May 19, 2025
DuPont And Garden State Clash In PFAS Trial Opener
New Jersey and E.I. du Pont de Nemours were at odds on Monday in federal court over the risks and cleanup of "forever chemical" contamination at a Salem County manufacturing facility, with the state claiming it was intentionally misled and DuPont arguing the state is changing the rules.
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May 19, 2025
5th Circ. Says EPA Flubbed Texas Air Finding, Must Redo
A Fifth Circuit panel on Friday said the U.S. Environmental Protection Agency erred in determining that two Texas counties had failed to meet air quality standards for sulfur dioxide, handing a victory to the state and Vistra Corp.
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May 19, 2025
NC Gov. Tacks On $891M To Hurricane Recovery Plan
North Carolina Gov. Josh Stein on Monday recommended adding $891 million to the funds earmarked for Hurricane Helene recovery efforts in the western region of the state, the largest chunk of which would go toward rebuilding the economy with small business loans and tourism promotion.
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May 19, 2025
Energy Cos. Escape Pa. County's Climate Change Suit
A Pennsylvania state judge threw out Bucks County's Big-Tobacco style lawsuit against 14 oil companies, concluding that neither Pennsylvania law nor any state law can address the greenhouse gas emissions-related claims raised in the county's complaint.
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May 19, 2025
Squire Patton Adds Miami Litigator With In-House Experience
A former in-house attorney at NextEra Energy Resources who was most recently with Heise Suarez Melville PA moved his practice to Squire Patton Boggs LLP in Miami, the firm announced Monday.
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May 16, 2025
9th Circ. Mulls DOJ Shield Of Jones Day VW Documents
A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.
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May 16, 2025
Wash. Tribe Can't Ax Wildlife Refuge Protection Suit
The Jamestown S'Klallam Tribe of Washington state is not a necessary party to an environmental lawsuit aimed at ensuring the U.S. Fish and Wildlife Service complies with rules governing the tribe's proposed aquaculture operation along the Dungeness National Wildlife Refuge boundary, a federal judge has ruled.
Expert Analysis
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.