Environmental

  • February 11, 2025

    Republican-Led SEC Pauses Climate Regulation Litigation

    The U.S. Securities and Exchange Commission signaled Tuesday that it may not move forward with a Biden-era regulation requiring public companies to disclose their greenhouse gas emissions, asking the court overseeing litigation against the climate reporting rules not to schedule the case for oral argument.

  • February 11, 2025

    Automakers Lose Fight To Block Mass. 'Right To Repair' Law

    A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.

  • February 10, 2025

    Xcel, Telecom Cos. Say Colo. Fire Plaintiffs Can't Opt Out Of Trial

    Xcel Energy and two telecom companies being sued over the Marshall Fire in Colorado told a state judge that hundreds of plaintiffs pushing to opt out of a common liability trial should not be able to do so, at least until expert reports are shared.

  • February 10, 2025

    Calif. Ruling Holds Wildfire Debris Not A Coverable Loss

    Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.

  • February 10, 2025

    Texas Property Owner Seeks Over $1M In Storm Coverage

    A Nationwide unit unlawfully failed to cover hail and wind damage to a Texas property, its owner alleged in federal court, accusing the insurer of fraud and violating state insurance statutes over unfair settlement practices and prompt claim payment and seeking over $1 million in damages.

  • February 10, 2025

    Gov't Defends Approval Of CP-KCS Rail Merger To DC Circ.

    The federal government told the D.C. Circuit a coalition of Illinois towns is challenging the approval of Canadian Pacific Railway Ltd.'s $31 billion merger with Kansas City Southern Railway Co. over the deal's potential effect on just 23 miles of a combined rail network that spans more than 20,000 miles.

  • February 10, 2025

    Judge: Dominican Republic Should Pay $44M Landfill Award

    A magistrate judge in Washington, D.C., recommended Friday that a $43.6 million arbitral award issued after the Dominican Republic terminated a landfill concession should be enforced, saying there was no evidence that the tribunal failed to investigate allegations of underlying fraud.

  • February 10, 2025

    Nevada Lithium Mine Violates Indigenous' Rights, Report Says

    The federal government's approval of an 18,000-acre open-pit lithium mine in northern Nevada is a violation of Indigenous' rights, according to a recent report, which says at least six tribes have ties to the site where they've experienced violations against their religion, culture and ancestral lands.

  • February 10, 2025

    SpaceX Says It Has Been Harmed By Coastal Commission

    SpaceX has argued it should be allowed to move forward with its suit alleging the California Coastal Commission wrongly tried to block the company's rocket launches, saying it had been harmed by the commission's allegedly unconstitutional actions.

  • February 10, 2025

    EPA Asks 5th Circ. To Uphold Asbestos Ban Rule

    The U.S. Environmental Protection Agency is defending a Biden-era rule strengthening its restrictions on the use of the most prevalent variety of asbestos, which are being challenged by industry, worker and green groups.

  • February 10, 2025

    Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M

    An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.

  • February 10, 2025

    Green Groups Defend Methane Charge Against Industry Suit

    Conservation groups urged a Michigan federal judge to throw out industry group litigation challenging the constitutionality of an Inflation Reduction Act provision that directed the U.S. Environmental Protection Agency to impose fees on methane emitters, while the Trump administration asked to have the case put on hold "to review the matter."

  • February 10, 2025

    NJ Hospital Hit With Class Claims Over Retirement Plan Fees

    A New Jersey health system has been accused of mismanaging its employees' retirement funds, according to a proposed class action filed by one of its employees in Garden State federal court.

  • February 10, 2025

    Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'

    A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.

  • February 10, 2025

    Investor Urges US Steel To Dump Deal After Trump Comments

    Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.

  • February 10, 2025

    Trump Admin Violating Order To Unfreeze Funds, Judge Says

    A Rhode Island federal judge ruled Monday the Trump administration is not complying with the court's temporary restraining order barring a freeze on funding for federal grants and programs, ordering the administration to immediately restore the frozen funds.

  • February 07, 2025

    Trump Isn't Obeying Order To Unfreeze Funds, States Say

    The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.

  • February 07, 2025

    Nippon-US Steel Merger Targeted By Consumers In Calif.

    A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.

  • February 07, 2025

    NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity

    The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims

  • February 07, 2025

    Native American Legislative Moves: Land Bill Moves Forward

    A bill that would give back a historic site to a Tennessee tribe is moving forward, the U.S. Senate Committee on Indian Affairs has done a leadership role reversal, and a federal lawmaker has his sights set on boosting the Alaskan Native Settlement Trust Eligibility Act. Here, Law360 looks at the most recent major legislative efforts that affect Indian Country.

  • February 07, 2025

    Maxeon Investors Push To Keep Exchange Act Suit Alive

    The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.

  • February 07, 2025

    FERC Says Trump Orders Support DC Circ. Rehearing Bid

    The Federal Energy Regulatory Commission has told the D.C. Circuit that President Donald Trump's revocation of two environmental executive orders dating back decades shows that the appeals court's vacatur of two FERC reauthorizations of liquefied natural gas projects was unjustified.

  • February 07, 2025

    Trump's Tariff Moves Put Energy Cos. In Scramble Mode

    President Donald Trump's aggressive use of tariffs in the early weeks of his administration has roiled the energy industry's long-term planning, and the fast-changing environment has companies scrambling to insulate themselves from potential financial hits.

  • February 07, 2025

    Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court

    Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.

  • February 07, 2025

    SoCal Edison Says Its Equipment May Have Caused Hurst Fire

    Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.

Expert Analysis

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • A Narrow Window Of Opportunity To Fix Energy Transmission

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    A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

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