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Environmental
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April 24, 2025
Pennsylvania Coal Co. Reaches Cleanup Deal In Ch. 11 Case
Bankrupt coal-mining company Corsa Coal Corp. told a Pennsylvania judge that it had reached a deal with state regulators that resolves a dispute over water source cleanup obligations, with the debtor agreeing to pay $800,000 to be distributed to contaminated water source users.
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April 24, 2025
US Must Pay ND $28M Over Dakota Access Pipeline Protest
The United States must pay the state of North Dakota $28 million in damages for its failure to control Dakota Access pipeline protesters, a federal judge determined, saying the judgment is a reminder to the federal government of its role in the larger picture of ensuring peace.
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April 23, 2025
CEOs Urge SEC To Ban Political Activists' Proxy Proposals
The Business Roundtable on Wednesday urged the U.S. Securities and Exchange Commission and Congress to quickly reform the shareholder proposal process for public companies, including by banning activists' proposals relating to environmental, social and political issues, saying proxy statements have become "battlegrounds for political debates."
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April 23, 2025
Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit
A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.
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April 23, 2025
Denver Water Says Dam Work Won't Hurt Environment
The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.
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April 23, 2025
10th Circ. Says Lower Court Erred On Pollution Coverage
A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."
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April 23, 2025
Texas Court Skeptical Of 'Death Star' Standing Argument
A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.
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April 23, 2025
Justices Hint That Fuel Groups Can Fight Emissions Waiver
U.S. Supreme Court justices on Wednesday appeared to back a contention from fuel industry groups that they have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for vehicles.
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April 23, 2025
Judge Says Calif. Tribes Can't Intervene In $700M Casino Row
A District of Columbia federal judge refused on Wednesday to allow three California tribes and a company to intervene in another California tribe's suit accusing the federal government of wrongfully rescinding gambling eligibility for the tribe's $700 million casino project.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
New Mexico Wildfire Sparks Suit Against Federal Government
The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.
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April 23, 2025
9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row
A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating pollution claims brought by the city, arguing they improperly relied on a depublished decision.
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April 23, 2025
6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.
The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.
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April 23, 2025
Railcar Co. Owes Nothing In $600M Ohio Derailment Deal
A federal jury on Wednesday freed a railcar company from Norfolk Southern Corp.'s suit seeking a contribution to a $600 million settlement with individuals and businesses impacted by a train derailment and chemical spill in a small Ohio village two years ago. Â
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April 23, 2025
Insurer Says No Coverage For $7.8M Tornado Damage Suit
The insurer for a construction inspection company claimed it owed no coverage for a suit alleging the company overlooked deficiencies that contributed to a $7.8 million tornado loss, telling a New Jersey federal court the policyholder had no coverage for professional services gone wrong.
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
Sierra Metals, Alpayana Reach $176M Deal After 'Hostile' Bid
Toronto-based mining company Sierra Metals Inc. said Wednesday it has reached a preliminary agreement to sell the business to Alpayana Canada in a deal worth approximately $176 million, in a U-turn for the company after characterizing an earlier Alpayana offer as a "hostile" takeover bid.
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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.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.