Environmental

  • April 01, 2025

    Norfolk Southern Asks Jury To Spread Blame For Ohio Crash

    Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.

  • April 01, 2025

    FDA Beats Challenge To Approval Of Elanco's Cattle Gas Drug

    The U.S. Food and Drug Administration has defeated an administrative challenge to its approval of Elanco Health's drug meant to reduce ammonia gas emissions from beef cattle and their waste, with a California federal judge ruling Tuesday that the agency reasonably evaluated its safety based on a wide array of studies.

  • April 01, 2025

    Gov't Says Climate Webpage Takedowns Reflect New Priorities

    Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.

  • April 01, 2025

    Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction

    The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm. 

  • April 01, 2025

    Wireless Industry Asks FCC To Loosen NEPA Rules

    A major wireless trade association is urging the Federal Communications Commission to drop National Environmental Policy Act requirements on certain wireless infrastructure deployments, saying that the "burdensome" "red tape" is hindering future wireless expansion, rather than facilitating it.

  • April 01, 2025

    Ga., Army Corps Beat Ala. Challenge To Water Use Plan

    A D.C. federal judge ruled that the U.S. Army Corps of Engineers did not need congressional approval to increase Georgia's water allocations from a metro Atlanta lake, handing a win to the Army Corps and the Peach State in a decadelong fight with the state of Alabama.

  • April 01, 2025

    Green Groups Sue NY To Spur Climate Regulations

    A coalition of environmental groups have asked a New York judge to order the state to issue overdue regulations needed to meet its ambitious greenhouse gas reduction targets.

  • April 01, 2025

    Atlanta Settles Enviro Group's Suit Over 'Cop City' Site

    The city of Atlanta has agreed to settle an environmental group's legal challenge to the construction of its controversial police training center complex, reaching a deal Monday that includes $70,000 in attorney fees for the group and future water quality monitoring.

  • April 01, 2025

    EPA, Citibank Fight States' Bid To Restart Grant Funding

    The U.S. Environmental Protection Agency and Citibank on Monday said four state infrastructure financing entities that accuse them of illegally withholding federal grant funding have no grounds to support an effort to get the money flowing again.

  • April 01, 2025

    House Sends Disaster Tax Relief, Other Tax Bills To Senate

    The U.S. House wrapped up two days of work on bipartisan tax relief measures Tuesday, clearing the last of six bills to allow taxpayers affected by natural disasters to qualify for extended deadlines for refund claims and collection notices.

  • April 01, 2025

    Judges Say Hurricanes May Justify FERC Pipeline Inaction

    Judges on the D.C. Circuit told environmental groups challenging the construction of a liquefied natural gas pipeline and terminal in Puerto Rico Tuesday that the project was likely necessary to keep the island powered through hurricane season even without a full authorization from the Federal Energy Regulatory Commission.

  • April 01, 2025

    King & Spalding Hires Mayer Brown PFAS Expert In NY

    King & Spalding LLP is expanding its mass torts team, bringing in a Mayer Brown LLP product liability and "forever chemicals" specialist as a partner in its New York office.

  • April 01, 2025

    Oil & Gas Dealmakers Undaunted Despite Industry Worries

    The pace of overall mergers and acquisitions in the U.S. market has slowed this year amid uncertainty over tariffs and export policy, but dealmaking in the oil and gas industry is remaining steady thanks to increasing gas demand and relatively stable oil prices.

  • April 01, 2025

    Co. Suggests Chemical For IRS' Taxable Substances List

    The Internal Revenue Service is seeking comments on a proposal by TPC Group Inc. to add a chemical to the Internal Revenue Code's list of taxable substances, the agency said Tuesday.

  • March 31, 2025

    DuPont Must Face NC Residents' PFAS Claims

    A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.

  • March 31, 2025

    Ex-Blood Bank Atty Goes Back To Ballard Spahr In Phoenix

    Ballard Spahr LLP has picked up a former in-house intellectual property lawyer from nonprofit blood bank Vitalant who had worked at the law firm a little over a decade ago.

  • March 31, 2025

    Federal Worker Union Challenges Trump Order Gutting CBAs

    The National Treasury Employees Union sued on Monday to block portions of President Donald Trump's recent executive order ending collective bargaining at a number of federal agencies where its members work, saying the directive amounts to unlawful "political retribution" for the union's legal advocacy against Trump's agenda.

  • March 31, 2025

    House Passes Bill Easing Up Tax Relief For Disasters

    The U.S. House overwhelmingly passed bipartisan legislation Monday to allow victims of state-declared emergencies more time to file federal returns and debated a second measure to allow affected taxpayers to qualify for extended deadlines for refund claims and collection notices.

  • March 31, 2025

    Ford Escapes Calif. Driver's Cooling Pump Warranty Claims

    A California federal judge said Ford can evade a proposed class action alleging it violated state law by keeping its cooling system pump out of California's emission control system warranty, saying a state regulator agreed the pump is not an emissions-related part.

  • March 31, 2025

    Local, State Officials Cautious On Rollback Of Enviro Rules

    Several national groups representing local regulatory officials responsible for overseeing infrastructure projects told the White House they're concerned about a rule rolling back regulations for complying with environmental review requirements.

  • March 31, 2025

    DC Nonprofit Says EPA Climate Fund Freeze Is Unlawful

    Justice Climate Fund has asked a D.C. federal judge to declare that the U.S. Environmental Protection Agency and Citibank NA broke the law by blocking its access to $940 million awarded by the agency for climate investments in low-income communities.

  • March 31, 2025

    Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told

    A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.

  • March 31, 2025

    Class Says Sunoco Pipeline Leaked Jet Fuel Into Groundwater

    Sunoco has been hit with a proposed class action alleging that it allowed its Twin Oaks Pipeline in Pennsylvania to spring a "massive and still unquantified leak of jet fuel and petroleum products" that have seeped into groundwater in the Philadelphia metropolitan area.

  • March 31, 2025

    Judge Says Army Misled Radioactive Cleanup Contractor

    A Court of Federal Claims judge has backed a joint venture in its $7.2 million dispute over a U.S. Army radioactive waste remediation contract, saying the Army misled the company regarding the scope of expected work.

  • March 31, 2025

    DOI Rescinds Gaming Eligibility In $700M Calif. Casino Project

    The Department of the Interior has temporarily suspended a gaming eligibility determination for a California tribe's $700 million casino and gaming resort project, saying Secretary Doug Burgum is concerned that the agency didn't consider additional evidence regarding the 160-acre parcel's restored lands exception.

Expert Analysis

  • Tax-Free Ways To Help Employees After The LA Wildfires

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    Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • As EPA Backs Down, Expect Enviros To Step Up Citizen Suits

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    As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Rethinking How To Engage Shareholders, Activists Via Proxies

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    ​​​​​​​This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • 5 Key Takeaways From Energy Secretary's Confirmation

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    The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Steel Cases Test Executive Authority, Judicial Scope

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    Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.

  • What Calif. Bill Could Mean For Battery Energy Storage

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    A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.

  • 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.

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