Environmental

  • February 20, 2025

    Mich. Judge Won't Defer Atomic Bomb Waste Suit To Agency

    A Michigan state judge on Thursday denied a Wayne County landfill's bid to dismiss claims from communities attempting to prevent the disposal site from accepting radioactive waste from the development of the first atomic bomb, finding that the court can hear the case rather than deferring to the state's environmental agency.

  • February 20, 2025

    NY Expands Local Power To Give Storm Damage Tax Breaks

    New York state expanded municipalities' authority to provide property tax breaks to owners of property damaged by severe storms and other natural disasters by allowing that relief to be granted for small business' property as part of a bill signed by Gov. Kathy Hochul.

  • February 20, 2025

    Musk's X Seeks Cash At $44B Valuation, Plus More Rumors

    Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 20, 2025

    BakerHostetler Environmental Pro Jumps To Morgan Lewis

    Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.

  • February 19, 2025

    Eaton Fire Class Action Blames SoCal Edison Power Lines

    Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.

  • February 19, 2025

    Lululemon Gets 'Greenwashing' Ads Suit Tossed

    Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told

    Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.

  • February 19, 2025

    10th Circ. Says ARCO Superfund Suit Wasn't Too Late

    A Tenth Circuit panel on Wednesday determined ARCO's lawsuit to force a smelter to contribute to environmental cleanup costs at an old Colorado mine wasn't time-barred because a district court mischaracterized the claim.

  • February 19, 2025

    FERC Watchers Seek Clarity As Trump Curbs Agency Powers

    Energy industry representatives hope to get some clarity from Federal Energy Regulatory Commission members at the agency's monthly open meeting on Thursday, as uncertainty over the commission's future swells in the wake of President Donald Trump's moves to curb independent agencies' powers.

  • February 19, 2025

    Energy Credit Market Still Robust Amid Uncertainty, Attys Say

    Companies continue to buy and sell valuable tax credits earned from large-scale clean energy tax development projects despite President Donald Trump's active efforts to undermine renewable energy and cut the federal workforce administering the incentives, practitioners said Wednesday.

  • February 19, 2025

    Groups Say Trump Can't Reopen Areas To Offshore Drilling

    President Donald Trump may have promised to "drill, baby, drill," but should know he can't undo a prior administration's decision to withdraw vast swaths of outer continental shelf from oil and gas leasing, conservation groups told an Alaska federal judge.

  • February 19, 2025

    NY Vows To Fight Trump's Bid To Kill Congestion Pricing

    New York officials vowed to continue implementing congestion pricing after the Trump administration moved to kill the program Wednesday, teeing up an intense legal battle by swiftly launching a counterattack in federal court to preserve the tolls on all vehicles entering Manhattan's busiest corridor.

  • February 19, 2025

    Senators Aim To Update Permitting, But Roadblocks Loom

    A bipartisan group of U.S. senators on Wednesday appeared united in a desire to address infrastructure project permitting delays and costs, but a top Democrat insisted that legislation can only come after the Trump administration has unfrozen federal funds.

  • February 19, 2025

    Fla. Court Won't Revive Property Manager's COVID Claims

    A Florida state appeals court on Wednesday said a lower court correctly ruled that a Miami property management company's insurance policy did not cover losses caused by COVID-19 closures because government shutdown orders were not specific to the business.

  • February 19, 2025

    Airlines Can Ask 9th Circ. To Consider Airport Pollution Suit

    A Washington judge has cleared Delta Air Lines and Alaska Airlines to ask the Ninth Circuit to weigh in on whether federal regulations governing air travel or jet emissions prevent property owners and residents from suing over alleged flight-path pollution near Seattle's main commercial airport.

  • February 19, 2025

    Suit Targets USFS Approval For Stibnite Gold Project

    Conservation groups asked an Idaho federal judge Tuesday to block a U.S. Forest Service approval for the Stibnite Gold Project on the Boise and Payette national forests, alleging that the agency failed to consider the project's impacts and ways to minimize harms.

  • February 19, 2025

    Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say

    Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.

  • February 19, 2025

    Insurer Must Cover Trucking Co. In Fatal Fire Row, Judge Says

    A trucking company's insurer cannot rely on a hydrofracking exclusion to avoid covering an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, a Texas federal court ruled, rejecting the insurer's request for a new trial.

  • February 19, 2025

    Jenner & Block Lands Former EPA Senior Counsel In DC Shop

    Jenner & Block LLP announced Tuesday it has hired a former senior counsel from the U.S. Environmental Protection Agency as a partner in Washington, D.C.

  • February 18, 2025

    Trump Exec Order Expands Control Over Independent Agencies

    President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.

  • February 18, 2025

    Limited FERC Pipeline Review Makes No Sense, DC Circ. Told

    The Federal Energy Regulatory Commission had no evidence to support its finding that the pipeline it chose to review only a 1,000-foot section of would transport only Texas-produced gas, the environmentalists trying to force a review of the full pipeline project told the D.C. Circuit.

  • February 18, 2025

    County Opposes Wash. Tribe's Bid To Weigh In On River Fight

    A county dike district has opposed a Washington state-based tribe's bid to file a friend of the court brief in the district's suit against a U.S. government biological opinion finding that a proposed tide-gate project endangers salmon, arguing that the tribe doesn't provide a unique perspective.

  • February 18, 2025

    EPA Gives Congress A Chance To Sink Calif. Auto Waivers

    The U.S. Environmental Protection Agency has offered Congress a chance to revoke Biden-era authorizations that allow California to issue its own vehicle emissions standards, something the Golden State said hasn't been done before and has unclear chances of success.

  • February 18, 2025

    Exxon, Koch Lose Bid To End Minn. Climate Change Suit

    A Minnesota state judge on Friday largely preserved the state's lawsuit alleging Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels, rejecting arguments that the case was a matter of federal, not state, law.

Expert Analysis

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    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.

  • When US Privilege Law Applies To Docs Made Outside The US

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    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.

  • Executive Orders That Could Affect Financial Services In 2025

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    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.

  • Green Projects Face States' Foreign Land Ownership Limits

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    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.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Hawaii Climate Insurance Case Is Good News For Energy Cos.

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    The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Implications Of NY Climate Case For Generating Facilities

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    Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • How Litigation, Supply Chains Buffeted Offshore Wind In 2024

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    U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.

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