Environmental

  • August 20, 2025

    Colo. AG Pans EPA Plan To End Vehicle-Emission Standards

    Colorado Attorney General Phil Weiser testified before the U.S. Environmental Protection Agency on Wednesday to advocate against the agency's proposal to eliminate air pollution standards for motor vehicles.

  • August 20, 2025

    DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal

    A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.

  • August 20, 2025

    Ark. Woman Gets Probation After Looting Native Burial Site

    An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.

  • August 20, 2025

    2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit

    The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.

  • August 20, 2025

    Chemours Says Injunction Appeal Warrants Stay Of CWA Suit

    Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.

  • August 20, 2025

    5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill

    A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.

  • August 19, 2025

    Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit

    Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."

  • August 19, 2025

    Nonprofits, Union Fight Withholding Of AmeriCorps Funds

    A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.

  • August 19, 2025

    Trump Energy Orders Suit Must Be Sustained, Youths Say

    Youths alleging President Donald Trump's energy policy directives harm their future by exacerbating climate change have urged a federal judge to keep their lawsuit alive, saying it "defies reason, science" for the government to claim the actions don't move the climate needle.

  • August 19, 2025

    2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row

    The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.

  • August 19, 2025

    Ute Tribe Says 1880 Act Proves Land Ownership Claim

    The Ute Indian Tribe asked the D.C. Circuit on Tuesday to reverse a lower court decision refusing to hand over ownership of federally managed land, saying a law dating back to 1880 required the U.S. executive branch to "set apart" lands for a new reservation.

  • August 19, 2025

    Chinese Co. Looks To Enforce $217M Salmon Farming Award

    Chinese agribusiness Joyvio Group Co. Ltd. is asking a Florida federal court to enforce a $217 million arbitral award it won following its nearly $1 billion purchase of a Chilean salmon farming business, after it emerged that the previous owners had deliberately inflated production capacity to drive up the price.

  • August 19, 2025

    Sunnova's $118M Sale Can Proceed Despite Bank's Protest

    A Texas bankruptcy judge Tuesday declined to undo a $118 million sale of almost all the assets of solar panel business Sunnova Energy International Inc., rejecting a St. Louis-area bank's argument that the debtor failed to disclose that nondebtor assets would be part of the transaction.

  • August 19, 2025

    Feds Say They'll Rescind Biden-Era Species Protections

    The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.

  • August 19, 2025

    DOJ Environmental Atty Joins McGuireWoods In DC

    A former U.S. Department of Justice lawyer who helped the Biden administration fight for the removal of a 1,000-foot buoy barrier in the Rio Grande and defended EPA guidance on forever chemicals has joined McGuireWoods' office in Washington, D.C.

  • August 19, 2025

    9th Circuit Pauses Oak Flat Land Transfer Pending Appeals

    A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.

  • August 19, 2025

    Black Hills, NorthWestern Merge In $15.4B All-Stock Deal

    Utility company Black Hills Corp., advised by Faegre Drinker Biddle & Reath LLP, on Tuesday announced plans to merge with Morgan Lewis & Bockius LLP-advised energy and infrastructure company NorthWestern Energy Group Inc. in an all-stock deal with a combined enterprise value of $15.4 billion.

  • August 18, 2025

    4th Circ. Revives Ethylene Oxide Suit Against Union Carbide

    A split Fourth Circuit on Monday revived a West Virginia woman's lawsuit alleging that a Union Carbide Corp.- and Covestro LLC-owned plant exposed nearby residents to ethylene oxide, finding that a lower court erred in siding with the companies.

  • August 18, 2025

    Catching Up With Delaware's Chancery Court

    Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

  • August 18, 2025

    Judge Won't Pause Pipeline Suit For Top Court Review

    A Michigan judge on Monday said the state attorney general's legal fight over an Enbridge Energy LP pipeline in the Great Lakes can continue, even while the U.S. Supreme Court mulls whether the case belongs in state or federal court.

  • August 18, 2025

    Tribe, Groups Appeal Oak Flat Land Exchange To 9th Circ.

    The San Carlos Apache Tribe and environmental groups have filed a Ninth Circuit appeal looking to overturn an Arizona federal court judge's decision that denied their bid to block the transfer of 2,500 acres to a copper mining company that they say will crater an ancient Indigenous worship site.

  • August 18, 2025

    GrafTech Investors' Plant Contamination Suit Gets Tossed

    An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."

  • August 18, 2025

    $28M ND Pipeline Protest Case Paused Amid Settlement Talks

    A federal district court and the Eighth Circuit have paused a $28 million dispute between North Dakota and the United States over failure to control Dakota Access Pipeline protesters after the parties said they were negotiating to settle the case.

  • August 18, 2025

    Judge Rejects Energy Co.'s Bid To Toss $200M Hemp Suit

    AES Clean Energy Development LLC's argument that it was not the party responsible for breaking irrigation lines leading to an alleged $200 million in damages to two hemp growers is a problem to still resolve in a lawsuit against the company, a Colorado federal judge found in denying a motion to dismiss on Monday.

  • August 18, 2025

    Vt. Says It Has The Authority To Enact Climate Superfund Law

    Vermont has urged a federal judge to dismiss lawsuits challenging its recently enacted climate change Superfund law, saying it's a valid exercise of the state's authority to raise revenue and protect its citizens against environmental harms.

Expert Analysis

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

  • Justices Hand Agencies Broad Discretion In NEPA Review

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    By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • Calif. Air Board Offers Early Hints On Climate Reporting

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    As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • FAR Rewrite May Cloud Key Gov't Contract Doctrine

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    The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Opinion

    Aviation Watch: A Supersonic 'Boom' Going Nowhere Fast

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    Legislation recently introduced in Congress to repeal the Federal Aviation Administration's ban on supersonic flight over U.S. territory appears to benefit a single company with an uncertain business plan, and is not truly in the public interest, says Alan Hoffman, a retired attorney and aviation expert.

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