Environmental

  • October 23, 2026

    Tax Court Misread Easement Rules, 4th Circ. Told

    The U.S. Tax Court imposed conservation easement donation requirements beyond what the law allows in evaluating a property's condition and potential mining value, a partnership told the Fourth Circuit, seeking to overturn the 2025 denial of its charitable deduction.

  • October 23, 2026

    Feds Want Grant Ruling Foiling Priorities Stayed For Appeal

    The Trump administration asked a Massachusetts federal judge to pause a decision declaring that a grant termination clause does not allow agencies to scrap awards not aligned with its new priorities, claiming it is likely to prevail in a First Circuit appeal.

  • October 23, 2026

    EPA Grants Navajo Nation Key Clean Water Act Status

    The U.S. Environmental Protection Agency has approved the Navajo Nation's application that will allow the tribe to be treated in a similar manner to a state under the Clean Water Act for the National Pollutant Discharge Elimination System and sludge management programs.

  • October 23, 2026

    SpaceX, Tesla Special Committees Review Potential Merger

    After billionaire entrepreneur Elon Musk said earlier this week that a SpaceX and Tesla Inc. merger would be a "good idea," SpaceX confirmed in a filing that its board formed a special committee to evaluate a potential combination, while Tesla said it formed its own special committee to explore "deepening Tesla's relationship" with SpaceX.

  • October 23, 2026

    Trump Declines Tariffs On Wind Turbines, For Now

    The U.S. Trade Representative and U.S. Department of Commerce will negotiate with trading partners over the next 180 days to address national security threats posed by imported wind turbines and their associated parts, according to an executive order President Donald Trump signed that failed to mention tariffs on those products.

  • October 23, 2026

    Construction Co.'s Concrete Fill Blamed For Blocked Sewer

    A construction company filling in an abandoned sewer with concrete ended up blocking off 460 feet of active sewer main in a Pittsburgh neighborhood, according to a lawsuit the Pittsburgh Water and Sewer Authority filed in Pennsylvania state court.

  • October 22, 2026

    Syngenta's Pesticide Rebates To Face FTC Antitrust Trial

    Syngenta cannot escape the Federal Trade Commission's allegations it uses a loyalty rebate program to block competition from rival generic pesticides, a North Carolina federal judge ruled Thursday, saying it will be up to a jury to iron out whether the rebates are unlawful exclusive dealing.

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    Elsevier Beats Defamation Suit Over Air Purifier Article

    An indoor air quality company failed to prove academic publisher Elsevier acted with malice in printing an article questioning the effectiveness of its air purification technology sufficient to sustain a claim for defamation, a North Carolina federal judge ruled Thursday.

  • October 22, 2026

    PE Giants In Talks With NFL As Nscale Gets Heat Over IPO

    Blackstone and Apollo are in talks with the NFL about potential investment in teams, Nscale is working on a potential $45 billion deal to provide Anthropic with compute power as the data center developer faces questions over its lofty IPO valuation, and private equity-backed financial technology company IntraFi could be up for sale valued at more than $10 billion. 

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    Calif. Tribe Looks To Block Further Removal Of Wild Horses

    A California tribe is looking to block the federal government from removing any more wild horses from a protected habitat until the agencies fulfill their consultation obligations, arguing that complying with the law will not harm the department any more than 40 years of mismanagement has already.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness's bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 21, 2026

    Feds' Latest Wind Permit Move May 'Blow Up' Permitting Deal

    The Trump administration has again asked a federal court to let it reevaluate a permit issued for a proposed offshore wind project, a move that a co-architect of U.S. Senate permitting legislation said could derail the bipartisan bill.

  • October 21, 2026

    Utah Defends Approval Process For Northern Corridor Hwy

    A Utah county and a state agency said the law that designated a Mojave Desert national conservation area didn't prohibit a highway through it, as environmental groups alleged, but rather expressly called for a "transportation route" to be identified.

  • October 21, 2026

    DHS Seeks High Court OK To Restart Big Bend Wall Project

    The U.S. Department of Homeland Security asked the U.S. Supreme Court on Wednesday to let the agency restart construction of the Big Bend border wall, saying the district court lacked jurisdiction to pause the project.

  • October 21, 2026

    Wind Groups Say DOD Continues To Freeze Project Reviews

    Renewable energy backers asked an Oregon federal judge to enforce an injunction that blocked the U.S. Department of Defense from suspending reviews of proposed wind energy projects, arguing it has continued to miss deadlines and maintain an unlawful freeze on project reviews.

  • October 21, 2026

    Calif. Man Sues Rivian Over Cannabis Test Firing, Wages

    A Sacramento man is suing electric vehicle maker Rivian LLC in California state court, alleging he was wrongly fired after a cannabis test despite not being impaired or otherwise using cannabis at work, and that the company has not fully paid out his wages.

  • October 21, 2026

    Data Center Co. Looks To Toss Investors' Gas Wells Suit

    A data center infrastructure company told a Texas federal court to toss a proposed securities fraud class action that accused the company of damaging its stock value because of a hidden gas well transfer deal and a fraud lawsuit filed by New Mexico.

  • October 21, 2026

    Ecolab Agrees To Settle Pension Calculation Fight

    A proposed class of Ecolab Inc. retirees who alleged their joint-and-survivor annuity pension benefits were miscalculated told a Minnesota federal judge the water management and sanitation company had agreed in principle to settle their federal benefits lawsuit, according to a court filing.

  • October 21, 2026

    Vendor Says Nonprofit Pulled Millions In Mass. Energy Funds

    A Massachusetts heating and cooling contractor says in a state court lawsuit that it committed millions of dollars toward boosting participation from low-income homeowners in a ratepayer-funded energy efficiency program, only to have the nonprofit agency administering the program unilaterally change the terms of its agreement to reallocate funds and contracts to other companies.

  • October 21, 2026

    Officer's Estate Blames Cancer On Philly Arsenal Pollution

    The estate of a former Philadelphia Police narcotics officer says the redevelopment of the former Frankford Arsenal into offices and condos exposed him to carcinogenic pollution left over from the property's decades developing munitions, according to a lawsuit filed in Pennsylvania state court.

Expert Analysis

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • 5 Ways Trial Attys Can Build Mental Health Counseling Skills

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    Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

  • How Rule 45 Update May Change Remote Trial Subpoenas

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    The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.

  • Tracking The 2027 Va. Bills That May Tighten Data Center Regs

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    Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

  • How Bipartisan Permitting Reform May Boost Green Energy

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    After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.

  • Reel Justice: 'The Odyssey' And Making Tough Trial Choices

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    In “The Odyssey,” Odysseus succeeds because he abandons the search for a perfect answer, highlighting for litigators why successful advocacy is about making thoughtful choices that circumvent cognitive biases and mental shortcuts, says Veronica Finkelstein at Widener-Delaware Law.

  • Challenges On The Horizon For Illinois Data Center Projects

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    Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • Calif. PFAS Pesticide Reporting Law Raises Cos.' Legal Risks

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    A new California law requiring public reporting of how registered pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances are used across the state could increase regulatory scrutiny — and provide a road map for litigation involving growers, applicators, distributors, pesticide manufacturers and upstream chemical suppliers, say attorneys at O'Melveny.

  • Terminix Deal Shows Risks Of Calif. Aggregating Local Lapses

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    California district attorneys’ novel use of an unfair competition law to merge unrelated local enforcement matters against pest control providers Rentokil and Terminix into one recently settled statewide case demonstrates that lack of adequate communication between facilities and corporate compliance managers may cause isolated regulatory violations to snowball into larger challenges, say attorneys at Kazmarek Mowrey.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • Cos. Face Growing Exposure To Unfair Trade Practice Suits

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    Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

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