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Environmental
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February 25, 2025
Sterilization Co. Can't Pin Cancer On Genetics, Jury Told
A Colorado woman who alleged toxic emissions from a medical sterilization plant caused her breast cancer testified Tuesday in state court that her family's cancer history was not as extensive as she originally believed, as a lawyer for the company pressed her on genetics and other factors that could increase her cancer risk.
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February 25, 2025
New Mexico Pueblos Want In On Fed Mineral Lease Ban Suit
Two Native American pueblos have asked a New Mexico federal judge to let them intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, saying it is sacred to all pueblo people.
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February 25, 2025
WestRock Blamed For Toxic Vapors In Worker's Injury Suit
The WestRock packaging company has been hit with a negligence suit in Washington federal court by a worker who claims exposure to fumes from a chemical spill while doing repairs at a Pacific Northwest paper mill caused him to suffer a collapsed lung and later be diagnosed with a tumor.
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February 25, 2025
Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit
An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.
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February 25, 2025
River Agency Says Harvey Flood Dispute Was Already Decided
A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Spent Fuel Casks Are Taxable Real Property, NJ Court Rules
Storage casks housing highly radioactive spent nuclear fuel are subject to taxation as real property, the New Jersey Tax Court ruled Tuesday.
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February 25, 2025
Macquarie Investors Fight To Keep Stock-Drop Suit Alive
Investors accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business say that because the U.S. Supreme Court left most of their claims against the company intact, the district court should not grant dismissal on remand.
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February 25, 2025
Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose
California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.
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February 25, 2025
Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding
The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.
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February 25, 2025
Wiley Adds Environment And Product Regulation Pro In DC
Washington, D.C., firm Wiley Rein LLP has expanded its environmental offerings with the addition of a veteran attorney and policy pro.
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February 25, 2025
WilmerHale, Cleary Steer $4.1B Thermo Fisher-Solventum Deal
WilmerHale and Cleary Gottlieb Steen & Hamilton LLP are the principal advisers on a new agreement for Thermo Fisher Scientific Inc. to purchase the purification and filtration business of Solventum for $4.1 billion in cash, according to statements from the companies on Tuesday.
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February 24, 2025
9th Circ. Mostly Clears The Way For Mont. Logging Project
The Ninth Circuit on Monday reversed portions of a Montana federal judge's decision to vacate U.S. Forest Service approval of a controversial Black Ram logging project on the Kootenai National Forest, but told the lower court it had to take a closer look at some of the environmentalists' objections.
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February 24, 2025
Dominican Republic Slams Report Favoring $44M Award
The Dominican Republic has urged a D.C. federal court to reject a magistrate judge's recommendation to enforce a nearly $44 million arbitral award issued after the country terminated a landfill concession, saying there was never an underlying arbitration agreement.
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February 24, 2025
Feds Say Tribe's 'Vague' Claims Won't Save Pipeline Suit
The federal government on Monday doubled down on its attempt to dismiss the Standing Rock Sioux Tribe's suit seeking to block an energy company from operating part of the Dakota Access Pipeline, saying the D.C. federal court can't grant the relief requested.
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February 24, 2025
Border Wall Cos. Learned Of Fund Row In 2024, 5th Circ. Told
A group of contractors told the Fifth Circuit Monday that they had no choice but to intervene in Texas and Missouri's suit over border wall funds on the eve of a final judgment because they were only notified days before that a preliminary injunction regarding the funds would affect them.
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February 24, 2025
CPKC Tells DC Circ. Gov't Merger Approval 'Airtight'
Canadian Pacific Kansas City is defending the government's approval of the $31 billion merger that created the railroad, telling the D.C. Circuit to reject a challenge to that decision because there was no flaw in the Surface Transportation Board's findings.
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February 24, 2025
Norfolk Southern's Tank Car Co. Liability Claims Head To Trial
An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.
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February 24, 2025
Groups Fight Lawmakers' Bid To End Nat'l Monument Power
More than 245 conservation, sporting, cultural heritage and tribal groups are urging U.S. Senate and House members to oppose any attempts to repeal existing protections for national parks and monuments, arguing that 18 presidents have used the law to expand the sites across the country.
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February 24, 2025
FAA, SpaceX Say Rocket Launch Review Passes Muster
The Federal Aviation Administration and SpaceX asked a Washington, D.C., federal judge to grant them wins in litigation challenging the adequacy of an environmental review completed for the company's Starship rocket launch program in Boca Chica, Texas.
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
Penn National Settles NC Hurricanes Coverage Suit
Penn National Mutual Casualty Insurance Co. settled a property owner's insurance payout suit filed in North Carolina federal court just before the suit headed to trial.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Quinn Emanuel-Backed Clients Join Eaton Fire Litigation Fray
Southern California Edison on Friday was hit with yet another lawsuit over the destructive Eaton Fire, this time by an Altadena family represented by Quinn Emanuel Urquhart & Sullivan LLP, the largest firm yet to get involved in the litigation.
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February 21, 2025
Colo. Woman Tells Jury Sterilization Plant Caused Cancer
A woman claiming medical sterilization company Terumo caused a cancer cluster in her Colorado community took the stand Friday and told a state jury that her lymphoma gave her debilitating fatigue and self-doubt.
Expert Analysis
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.