Environmental

  • April 02, 2025

    Enviro Group Says Pa. Power Plant Is Violating Coal Ash Rule

    The Center for Biological Diversity accused the owner of a 1,490-megawatt power plant of failing to control toxic coal ash pollution risks to the Susquehanna River in a complaint filed in Pennsylvania federal court Wednesday.

  • April 02, 2025

    Calif. Tribe Sues After DOI Rescinds $700M Casino Eligibility

    The U.S. Department of the Interior's sudden decision to rescind gambling eligibility for a $700 million tribal casino-resort project violates the California tribe's due process rights and is an overreach of the agency's authority, the tribe told a D.C. federal judge in a new lawsuit.

  • April 02, 2025

    Environmental Cleanup Co. Seeks Refund For Retention Credit

    The Internal Revenue Service owes an Alabama company that does environmental cleanup work a $3.1 million tax refund, the company told a federal district court, arguing that one of its employee retention tax credit claims was wrongfully denied.

  • April 02, 2025

    Norfolk Southern Investors Appeal Train Derailment Ruling

    Shareholders of railroad operator Norfolk Southern Corp. have gone to the Second Circuit seeking to revive a proposed class action accusing the company of making false claims about its commitment to safety ahead of a 2023 derailment and toxic chemical spill in East Palestine, Ohio.

  • April 02, 2025

    National Highway Agency's Ex-Top Counsel Joins Sidley In DC

    Sidley Austin LLP has hired the former chief counsel of the agency responsible for oversight of the safety of America's roadways, who joins the firm to co-lead its global automotive and mobility industry group, one of several roles he'll have in its D.C. office, the firm recently announced.

  • April 01, 2025

    Trump Admin Layoffs 'Probably Broke Laws,' Judge Says

    A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.

  • April 01, 2025

    PacifiCorp Owes Another $36M After Latest Wildfire Trial

    An Oregon jury awarded over $36 million Monday to seven property owners affected by fires that started during a 2020 windstorm in which PacifiCorp chose not to de-energize its power lines, bringing the reported total in such trials to over $300 million.

  • April 01, 2025

    Norfolk Southern Asks Jury To Spread Blame For Ohio Crash

    Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.

  • April 01, 2025

    FDA Beats Challenge To Approval Of Elanco's Cattle Gas Drug

    The U.S. Food and Drug Administration has defeated an administrative challenge to its approval of Elanco Health's drug meant to reduce ammonia gas emissions from beef cattle and their waste, with a California federal judge ruling Tuesday that the agency reasonably evaluated its safety based on a wide array of studies.

  • April 01, 2025

    Gov't Says Climate Webpage Takedowns Reflect New Priorities

    Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.

  • April 01, 2025

    Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction

    The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm. 

  • April 01, 2025

    Wireless Industry Asks FCC To Loosen NEPA Rules

    A major wireless trade association is urging the Federal Communications Commission to drop National Environmental Policy Act requirements on certain wireless infrastructure deployments, saying that the "burdensome" "red tape" is hindering future wireless expansion, rather than facilitating it.

  • April 01, 2025

    Ga., Army Corps Beat Ala. Challenge To Water Use Plan

    A D.C. federal judge ruled that the U.S. Army Corps of Engineers did not need congressional approval to increase Georgia's water allocations from a metro Atlanta lake, handing a win to the Army Corps and the Peach State in a decadelong fight with the state of Alabama.

  • April 01, 2025

    Green Groups Sue NY To Spur Climate Regulations

    A coalition of environmental groups have asked a New York judge to order the state to issue overdue regulations needed to meet its ambitious greenhouse gas reduction targets.

  • April 01, 2025

    Atlanta Settles Enviro Group's Suit Over 'Cop City' Site

    The city of Atlanta has agreed to settle an environmental group's legal challenge to the construction of its controversial police training center complex, reaching a deal Monday that includes $70,000 in attorney fees for the group and future water quality monitoring.

  • April 01, 2025

    EPA, Citibank Fight States' Bid To Restart Grant Funding

    The U.S. Environmental Protection Agency and Citibank on Monday said four state infrastructure financing entities that accuse them of illegally withholding federal grant funding have no grounds to support an effort to get the money flowing again.

  • April 01, 2025

    House Sends Disaster Tax Relief, Other Tax Bills To Senate

    The U.S. House wrapped up two days of work on bipartisan tax relief measures Tuesday, clearing the last of six bills to allow taxpayers affected by natural disasters to qualify for extended deadlines for refund claims and collection notices.

  • April 01, 2025

    Judges Say Hurricanes May Justify FERC Pipeline Inaction

    Judges on the D.C. Circuit told environmental groups challenging the construction of a liquefied natural gas pipeline and terminal in Puerto Rico Tuesday that the project was likely necessary to keep the island powered through hurricane season even without a full authorization from the Federal Energy Regulatory Commission.

  • April 01, 2025

    King & Spalding Hires Mayer Brown PFAS Expert In NY

    King & Spalding LLP is expanding its mass torts team, bringing in a Mayer Brown LLP product liability and "forever chemicals" specialist as a partner in its New York office.

  • April 01, 2025

    Oil & Gas Dealmakers Undaunted Despite Industry Worries

    The pace of overall mergers and acquisitions in the U.S. market has slowed this year amid uncertainty over tariffs and export policy, but dealmaking in the oil and gas industry is remaining steady thanks to increasing gas demand and relatively stable oil prices.

  • April 01, 2025

    Co. Suggests Chemical For IRS' Taxable Substances List

    The Internal Revenue Service is seeking comments on a proposal by TPC Group Inc. to add a chemical to the Internal Revenue Code's list of taxable substances, the agency said Tuesday.

  • March 31, 2025

    DuPont Must Face NC Residents' PFAS Claims

    A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.

  • March 31, 2025

    Ex-Blood Bank Atty Goes Back To Ballard Spahr In Phoenix

    Ballard Spahr LLP has picked up a former in-house intellectual property lawyer from nonprofit blood bank Vitalant who had worked at the law firm a little over a decade ago.

  • March 31, 2025

    Federal Worker Union Challenges Trump Order Gutting CBAs

    The National Treasury Employees Union sued on Monday to block portions of President Donald Trump's recent executive order ending collective bargaining at a number of federal agencies where its members work, saying the directive amounts to unlawful "political retribution" for the union's legal advocacy against Trump's agenda.

  • March 31, 2025

    House Passes Bill Easing Up Tax Relief For Disasters

    The U.S. House overwhelmingly passed bipartisan legislation Monday to allow victims of state-declared emergencies more time to file federal returns and debated a second measure to allow affected taxpayers to qualify for extended deadlines for refund claims and collection notices.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Steel Cases Test Executive Authority, Judicial Scope

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    Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.

  • What Calif. Bill Could Mean For Battery Energy Storage

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    A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Reg Waiver Eases Calif. Rebuilding, But Proceed With Care

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    California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

  • Trump's Energy Plans: Climate, Data Centers, LNG And More

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    With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • 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.

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