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Environmental

  • June 02, 2025

    Budget Bill Would Deepen Residential Solar's Woes

    A Sunnova unit's bankruptcy declaration — the latest among dozens of solar companies that have struggled to stay afloat — adds to evidence of a floundering residential solar industry, which now faces further diminishing prospects under the federal budget reconciliation bill.

  • June 02, 2025

    DOI Looks To Void Biden Era Rule On Alaska Arctic Drilling

    The U.S. Department of the Interior said Monday it wants to rescind a 2024 Biden administration rule limiting fossil fuel production in the National Petroleum Reserve in Alaska, saying the regulation hinders energy development in a 23-million-acre area on the state's North Slope.

  • June 02, 2025

    PacificCorp Fights Wash.'s Carbon Limit Program At 9th Circ.

    PacificCorp urged the Ninth Circuit on Monday to revive claims alleging Washington's carbon emissions cap-and-invest program unconstitutionally discriminates against out-of-state customers by imposing emissions allowances for power exported out of state, while Washington argued that the lawsuit seeks to create a "loophole" that would result in a "free pass" on emissions.

  • June 02, 2025

    Feds Say Groups' AmeriCorps Dispute Belong In Claims Court

    The Trump administration is fighting a bid by more than a dozen nonprofits to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million in grants and programs, arguing that the allegations can only be addressed by the U.S. Court of Federal Claims.

  • June 02, 2025

    Trump Taps Vinson & Elkins Atty To Replace FERC Chair

    President Donald Trump on Monday nominated a Vinson & Elkins LLP attorney to replace current Federal Energy Regulatory Commission Chairman Mark Christie, whose term expires on June 30.

  • June 02, 2025

    Trump Renews Call For Justices To Lift Gov't Overhaul Pause

    President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.

  • 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. 

Expert Analysis

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Reg Waiver Eases Calif. Rebuilding, But Proceed With Care

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    California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

  • Trump's Energy Plans: Climate, Data Centers, LNG And More

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    With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • A Halftime Analysis Of DOJ's Compensation Pilot Program

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    The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

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