Environmental

  • March 05, 2025

    DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit

    The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.

  • March 05, 2025

    Feds Urge Justices To Allow Nuke Waste Storage In Texas

    The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.

  • March 05, 2025

    Union Says DOI Mischaracterized Ariz. Solar Project Site

    A Laborers' International Union of North America local has urged an Arizona federal court to throw out the U.S. Department of the Interior's approval of a large-scale solar facility on public lands, saying the agency misstated the project site's baseline conditions.

  • March 05, 2025

    Enviro, Transit Groups Back NY In Congestion Pricing Battle

    Transit and environmental advocates have sought to join the legal fight to preserve New York City's congestion pricing, saying the Trump administration is using dubious rationale to justify terminating federal approval for the program when the decision was actually driven by political animus.

  • March 05, 2025

    Trump EPA Nominees Grilled On Climate Change Views

    President Donald Trump's pick to lead the U.S. Environmental Protection Agency's air office repeatedly told Democratic senators that humans must adapt to climate change, but declined to wade into policy specifics during a nomination hearing Wednesday.

  • March 05, 2025

    Wash. Justices Won't Take Up VW's $4.7M Asbestos Loss

    The estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads can keep a $4.7 million jury win, after the Washington state's highest court rejected the automaker's bid for review.

  • March 05, 2025

    Water Main Co. Will Pay $1M After Chemicals Killed Fish

    A sewer and water line maintenance company was sentenced to pay $1 million and will spend three years on federal probation after knowingly dumping pollutants into a Connecticut waterway, killing over 150 fish and contaminating the area, acting U.S. Attorney Marc H. Silverman has announced.

  • March 05, 2025

    Four Firms Seek Top Roles In Pa. Warehouse Fire Litigation

    Lawyers from four plaintiffs firms across the country have asked a Philadelphia judge to name them class counsel in recently filed litigation over the effects of an aircraft parts warehouse fire and also requested that the court consolidate all related lawsuits in the city.

  • March 05, 2025

    Cleanova, Micronics Combine To Create $1.3B Business

    Private equity-owned clean technology maker Cleanova on Wednesday announced plans to buy fellow private equity-owned clean technology manufacturer Micronics Engineered Filtration Group to create a company with an enterprise value of $1.3 billion, in a deal built by three law firms.

  • March 05, 2025

    Colorado's Last-Resort Insurer Partners With AI Analytics Co.

    Colorado's last-resort insurer has partnered with risk modeling company ZestyAI in an effort to improve insurance access for homeowners through the use of artificial intelligence-powered models for heightened climate risks, the company said Wednesday.

  • March 05, 2025

    UK Planning To Replace Energy Windfall Tax In 2030

    The U.K. will phase out the energy profits levy, known as the energy windfall tax, in 2030, but the government plans to replace it with a new permanent tax regime for North Sea oil and gas, according to a statement Wednesday.

  • March 04, 2025

    Agencies Have 'Ultimate' Authority Over Firings, OPM Says

    The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."

  • March 04, 2025

    3 Takeaways From The High Court's SF Water Permit Ruling

    The U.S. Supreme Court's Tuesday ruling siding with San Francisco to strike down parts of a federal water pollution permit demonstrated a majority of justices' reluctance to force permit holders to interpret gray areas that could get them in trouble.

  • March 04, 2025

    Phillips 66 'Trickery' Merits $1.2B More Damages, Judge Told

    A startup that won a $605 million trade secrets verdict against oil giant Phillips 66 argued Tuesday in California state court that its would-have-been acquirer owes an additional $1.2 billion for reprehensible conduct, including by in-house counsel who supposedly made "efforts to cover up" information theft.

  • March 04, 2025

    10th Circ. Upholds EPA Approval Of Colo. Smog Plan Changes

    A Tenth Circuit panel on Tuesday affirmed the U.S. Environmental Protection Agency's approval of two changes to Colorado's plan to bring Denver and the northern Front Range into compliance with ozone pollution standards, rejecting a challenge brought by conservation groups.

  • March 04, 2025

    Judge Stays Osage Wind Farm Order, Requires $10M Bond

    An Oklahoma federal judge stayed a $4.2 million judgment and order requiring an energy company to remove 84 wind turbines from the Osage Nation's reservation pending the outcome of a Tenth Circuit appeal, ordering the company to pay a $10 million bond in the interim.

  • March 04, 2025

    Insurer Can't Escape Fla. Condo's Hurricane Damage Dispute

    An insurer can't escape a Florida condominium association's suit seeking coverage for property damage caused by a September 2020 hurricane, a New York federal court ruled, saying the association's update of a preexisting elevator replacement bid in light of storm damage was not clearly fraudulent conduct or misrepresentation.

  • March 04, 2025

    DC Circ. Doubts FERC Was Wrong To OK Tennessee Pipeline

    The D.C. Circuit struggled to understand just where environmentalists think FERC messed up when approving a Tennessee pipeline project that would serve a gas-fired power plant that's set to replace a coal-fired one, expressing varying degrees of doubt Monday during arguments.

  • March 04, 2025

    IRS Drops Push To Penalize Ex-Braves Players For Fraud

    The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.

  • March 04, 2025

    Insurer, Reinsurer Denied Early Wins In Reimbursement Row

    Both sides in an inter-insurer dispute over a reinsurer's share of a coverage settlement for environmental damage claims have adopted reasonable contractual interpretations, a New York federal court ruled, specifically finding ambiguities on whether the reinsurer must reimburse a plaintiff insurer with which it didn't directly do business.

  • March 04, 2025

    Ga. PFAS Liability Bill Faces Debate Ahead Of Key Deadline

    A Georgia bill to reduce corporate liability for PFAS contamination on Tuesday received strong industry backing and intense pushback from North Georgia residents and communities who warned state lawmakers against handing "a get-out-of-jail-free card" to carpet manufacturers accused of polluting waterways.

  • March 04, 2025

    Honeywell Paying $2.2B For Sundyne Amid $25B Deployment

    Honeywell said Tuesday it has agreed to acquire pump and gas compressor maker Sundyne from private equity firm Warburg Pincus for $2.16 billion, part of a restructuring plan that calls for the industrial conglomerate to deploy at least $25 billion by the end of 2025. 

  • March 04, 2025

    High Court Says EPA Went Too Far With SF Water Permit

    The U.S. Supreme Court on Tuesday sided with San Francisco in its attempt to escape the terms of a federal sewer and wastewater system permit that the city challenged as too vague and difficult to comply with.

  • March 03, 2025

    Aspiration Founder Arrested For Alleged $145M Fraud Scheme

    Joseph Sanberg, co-founder of the celebrity-backed and sustainability-focused financial services company Aspiration Partners Inc., was arrested Monday over federal criminal allegations he schemed to defraud investor funds out of at least $145 million, federal prosecutors in California announced.

  • March 03, 2025

    Colo. Judge Vacates Fed Orders Allowing Wild Horse Removal

    A Colorado federal judge vacated two U.S. Bureau of Land Management orders removing wild horses and donkeys from public lands Monday, finding they violate not only administrative and environmental laws, but a law governing protected populations of wild horses.

Expert Analysis

  • 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.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • Opinion

    Commercial Tree Thinning Should Be Part of Wildfire Control

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    The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Assessing Gary Gensler's Legacy At The SEC

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    Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.

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