Environmental

  • February 14, 2025

    States Move To Block Musk From Taking Over Gov't Agencies

    Fourteen state attorneys general Friday sought an emergency order in D.C. federal court to stop Elon Musk and his U.S. DOGE Service Temporary Organization from exercising "unprecedented" authority over federal agencies, arguing that as an unelected, unconfirmed official, Musk has "taken the helm" of the federal government in violation of the U.S. Constitution.

  • February 14, 2025

    Demise Of Humphrey's Executor Could Sow Chaos At FERC

    The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.

  • February 14, 2025

    Murkowski Urges Senate To Shield Tribes From Trump Orders

    Republican Sen. Lisa Murkowski of Alaska, chair of the U.S. Senate Committee on Indian Affairs, has urged lawmakers to join her in responding to possible negative effects of President Donald Trump's executive orders on federal funding that Indigenous tribes receive.

  • February 14, 2025

    9th Circ. Judge Pauses At Forest Service's Project Revision

    The U.S. Forest Service pushed back on Friday against a Ninth Circuit judge's point that a restoration project being challenged by a conservation group evolved "quite a bit" after a fire ripped through the area, contending the final plan ultimately prescribed the same changes — just to fewer acres.

  • February 14, 2025

    Trump Aims To End Limits On President's Power To Fire

    President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.

  • February 14, 2025

    Old Permits Irrelevant To Pollution Controls, Texas Justices Say

    The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.

  • February 14, 2025

    EPA Fires Hundreds Of Employees, Cuts Millions In Contracts

    The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.

  • February 14, 2025

    EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order

    The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.

  • February 14, 2025

    Houston Energy Co. Stiffed For Cleanup Costs, Court Told

    A Houston energy company refused to decommission a toppled oil and gas platform in the Gulf of Mexico and then failed to pay up when another party got stuck with the cleanup duty, an oil company has told a Texas federal court.

  • February 14, 2025

    Munger Tolles Gets $10M Retainer To Rep LA In Fire Litigation

    Munger Tolles & Olson LLP has signed a $10 million retainer agreement to represent the Los Angeles Department of Water and Power in a series of lawsuits alleging it irresponsibly left a local reservoir empty ahead of last month's devastating Palisades Fire.

  • February 14, 2025

    Enviro Groups Back EPA On Challenged PFAS Superfund Rule

    Conservation groups are urging the D.C. Circuit to deny a string of industry challenges to the U.S. Environmental Protection Agency's decision to designate two "forever chemicals" as hazardous substances under the federal government's Superfund law, arguing that they have no merit.

  • February 14, 2025

    Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills

    California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.

  • February 14, 2025

    Judges Suggest Withdrawal Was Optional In Dam Permit Spat

    D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.

  • February 14, 2025

    Thompson Hine Partner Wants To Help You Find True Love

    Heidi B. Friedman, co-chair of Thompson Hine LLP’s environmental, social and governance collaborative, has a side gig playing Cupid. She talked to Law360 Pulse about her new book, "Love Lessons: 104 Dates and the Stories that Led Me to True Love."

  • February 14, 2025

    Judge Leaves Curbs On DOGE Treasury Access After Hearing

    A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.

  • February 13, 2025

    9th Circ. Revives Air Force Guam Munitions Disposal Dispute

    The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.

  • February 13, 2025

    NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud

    The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.

  • February 13, 2025

    Origin Investors Fixed 'Fatally Vague' Fraud Claim, Judge Says

    A California federal judge has ruled that investors' fraud claims against sustainable materials-maker Origin Materials and its co-CEO can move forward, saying the plaintiffs have provided additional details from a confidential witness the judge previously found to be "fatally vague."

  • February 13, 2025

    Mass. Auto Telematics Data Law Not Preempted, Judge Says

    A Boston federal judge's dismissal of an auto industry group's challenge to a Massachusetts vehicle telematics data law centered on a limited interpretation of the statute's reach and the lack of a clear conflict with federal laws, according to an order unsealed Thursday explaining the decision.

  • February 13, 2025

    DC Judge Says Utah Tribe Can't Restore Reservation Lands

    A District of Columbia federal judge refused to hand over ownership of federally managed land in a Utah reservation to a Utah tribe, ruling Thursday that the tribe wasn't entitled to ownership.

  • February 13, 2025

    Buyer Seeks $3.5M Price Cut Over Bungled Conn. Mill Cleanup

    A property developer has asked a Connecticut Superior Court judge to lower the purchase price of a polluted industrial site in Branford from $6 million to $2.5 million, saying the seller failed to develop legitimate remediation plans and breached a settlement agreement that ended prior litigation.

  • February 13, 2025

    EPA Boss Says Biden Admin Wrongly Ceded Control Of $20B

    The U.S. Environmental Protection Agency's new leader said Thursday that $20 billion Congress appropriated for an EPA grant program had been inappropriately transferred outside the agency and is lacking adequate supervision — a claim disputed by a Biden-era official.

  • February 13, 2025

    EPA Asks 5th Circ. To Pause State Ozone Plan Decision

    The U.S. Environmental Protection Agency asked the Fifth Circuit to hold off on deciding whether it was allowed to deny three states' plans to comply with federal ozone standards to give the Trump administration time to evaluate the rule at the center of the litigation.

  • February 13, 2025

    White & Case Environmental Partner Moves To Weil In NY

    Weil Gotshal & Manges LLP announced Thursday that it has hired a White & Case LLP environmental law partner for its regulatory transactions group in New York.

  • February 13, 2025

    Tribe Can't Revisit $16M Ovintiv Settlement, Feds, Utah Say

    The U.S. government and Utah urged a federal judge to reject a tribe's bid to challenge a $16 million Clean Air Act consent decree with Ovintiv USA Inc., arguing that its comments on the settlement were already considered and rejected.

Expert Analysis

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • The Unfolding Potential of Green Hydrogen In Brazil

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    A new federal law in Brazil establishing a legal framework for hydrogen development is the country's latest step toward creating a favorable environment for green hydrogen production, but significant challenges — including high production costs, technological hurdles and a lack of infrastructure — remain, says David Andrew Taylor at Almeida Advogados.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • A Shift In Control Of Congress May Doom These Enviro Regs

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    If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.

  • Election Could Bring Change In Weather For Offshore Wind

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    Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

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