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Environmental

  • July 23, 2025

    5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims

    The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.

  • July 22, 2025

    5th Circ. Asks If Fishery Council Guidance Was Ratified

    A Fifth Circuit panel pushed multiple commercial fisheries to explain how the adoption of fishing limit recommendations from a council would not count as a ratification and clear constitutional hurdles, saying during oral arguments on Tuesday that the council in question seemingly made a "bottom up data recommendation."

  • July 22, 2025

    Gov'ts, Tribes Look To Settle Idaho Mining Pollution Suit

    The U.S. government, Idaho and a tribal nation are asking a federal judge to approve an unopposed settlement with a phosphate ore mining company over its alleged dumping of hazardous substances within a national forest.

  • July 22, 2025

    Power Cos., PJM Back FERC Auction Rerun Decision

    Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.

  • July 22, 2025

    Lathrop GPM Adds Partner To Chicago Office

    Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.

  • July 22, 2025

    9th Circ. Rejects Gun Club's Bid For Permitting Cost Coverage

    An insurer for a Washington shooting club had no duty to cover roughly $400,000 in costs to secure proper site development permits after county officials won a public nuisance lawsuit against the club, the Ninth Circuit ruled, finding the club can't be covered for its deliberate actions.

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 22, 2025

    Sable Aims To Sink Groups' Suit Over Calif. Oil Platforms

    Sable Offshore Corp. told a California federal judge that green groups didn't follow proper litigation notice rules, dooming their lawsuit alleging the federal government failed to require the company to update safety and pollution control plans at drilling facilities.

  • July 22, 2025

    Greenberg Traurig Adds Ex-Miami-Dade Asst. County Atty

    Greenberg Traurig LLP has hired an attorney who formerly worked for Miami-Dade and Broward counties to bolster its litigation practice and ability to handle commercial matters.

  • July 22, 2025

    Ore. Extends Brownfield Development Tax Breaks

    Oregon extended its program of local property tax incentives for brownfield development by six years under a bill signed by the governor.

  • July 21, 2025

    DC Circ. Urged To Leave FERC Project Approvals Alone

    Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.

  • July 21, 2025

    Energy Litigation To Watch In The 2nd Half Of 2025

    Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.

  • July 21, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.

  • July 21, 2025

    EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit

    The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.

  • July 21, 2025

    CME Group, NYMEX Dodge Carbon Futures Suit

    A New York federal judge has tossed a suit brought by three investment funds against CME Group Inc. and the New York Mercantile Exchange, alleging they improperly interpreted and failed to enforce rules governing carbon offset futures contracts, finding the plaintiffs do not have statutory standing to bring a private right of action under the Commodity Exchange Act.

  • July 21, 2025

    Judge Allows Calif. Tribe In Casino Suit, Denies Dismissal Bid

    A California tribe at the center of a dispute over a decision to take 70 acres into trust for its proposed Sonoma County hotel and casino project can intervene in the litigation, a federal judge said, while finding that the Indigenous nation cannot dismiss the case based on sovereign immunity.

  • July 21, 2025

    Top 4 Texas Cases To Watch: A Midyear Report

    Several major cases are taking shape in the Lone Star State, including the Southwest Airlines Pilots Association's suit seeking to hold Boeing accountable for lost revenue after the 737 Max was grounded, as well as the continuing fallout of a former Houston judge's romance scandal that could cost a Texas firm millions of dollars. Here's a look at the top cases to watch in Texas through the rest of the year.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Judge Demands Layoff Plans From Trump Administration

    A California federal judge on Friday ordered the Trump administration to hand over reorganization and reduction-in-force plans linked to an executive order directing layoffs at federal agencies, finding that the government's privilege claim was outweighed by the plaintiffs' need for the information to pursue their claims under the Administrative Procedure Act.

  • July 18, 2025

    Calif. Sues Trump Admin Over $4B High-Speed Rail Fund Cuts

    California's High-Speed Rail Authority hit the Trump administration with an Administrative Procedure Act lawsuit in California federal court Friday, claiming the Federal Railroad Administration's abrupt termination of $4 billion in grants to the electric rail project was arbitrary, politically motivated and based on Trump's "extreme antipathy toward California."

  • July 18, 2025

    EPA To Lay Off Science Office Workers Amid Reorganization

    Scientists performing independent research that often supports regulations intended to protect human health and the environment are set to lose their jobs as the U.S. Environmental Protection Agency eliminates its Office of Research and Development.

  • July 18, 2025

    Feds Fight Bid To Block Pacific Monument Fishing Permits

    The federal government is fighting a bid by conservation groups to vacate a letter by the Trump administration that they say gave the go-ahead for permit holders to commercially fish in a Pacific Coast national monument, arguing it wasn't an agency decision that has any legal rights or obligations.

  • July 18, 2025

    Interior Process Tweaks Will Further Stymie Wind And Solar

    The wind and solar energy industries, already stressed by Trump administration and congressional regulatory and financial restraints, face a new roadblock as the Department of the Interior will increasingly involve its political leadership in project approval process details.

  • July 18, 2025

    Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits

    An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.

  • July 18, 2025

    Ga. Facility Exposed Workers, Families To Mercury, Suit Says

    A group of former employees and contractors, as well as their family members, have filed suit in Georgia federal court over allegations they were exposed to dangerous and harmful levels of mercury at Olin Corp.'s Augusta, Georgia, facility from 1965 forward.

Expert Analysis

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • What Cos. Should Know About U.S. Minerals Executive Order

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    President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    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.

  • Tracking Changes To AI Evidence Under Federal Rules

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    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.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    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.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    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.

  • 5 Steps To Promote Durable, Pro-Industry Environmental Regs

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    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.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    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.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    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.

  • How Trump Policies Are Affecting The Right To Repair

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    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.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    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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