Environmental

  • February 20, 2025

    Better Process Not Certain As White House Loses NEPA Regs

    The White House says it rescinded National Environmental Policy Act regulations in an effort to "expedite and simplify" the federal permitting process, but attorneys say the immediate effect of the move will likely be to confuse agencies and slow down project approvals.

  • February 20, 2025

    Insurer Can't Quickly Exit Broker Premium Theft Row

    A Louisiana federal court rejected most arguments made by an insurer seeking to avoid professional liability coverage of a broker whose former employee stole policy premiums and failed to secure insurance for clients, leaving the company to cover around $1 million in Hurricane Laura damage.

  • February 20, 2025

    Calif. Rail Project Back In Trump's Crosshairs With DOT Probe

    The U.S. Department of Transportation on Thursday launched a compliance review into California's high-speed rail project, casting uncertainty over approximately $4 billion in federal funding for the beleaguered project that is back in the Trump administration's crosshairs.

  • February 20, 2025

    FERC Chair Seeking More Clarity On Scope Of Trump Order

    Federal Energy Regulatory Commission Chairman Mark Christie downplayed concerns Thursday that a recent executive order from President Donald Trump will erode the agency's authority, but acknowledged that it's unclear how much the order seeks to involve the White House in FERC's operations.

  • February 20, 2025

    New SEC Guidance Throws A 'Bit Of Chaos' Into Proxy Season

    The U.S. Securities and Exchange Commission's recent effort to loosen its guidance around what companies can exclude from their proxy statements isn't surprising given the change in administration, but the timing of its release has thrown a monkey wrench into a proxy season that is already underway, attorneys said.

  • February 20, 2025

    DOD To Shift $50B To Trump Defense Spending Priorities

    U.S. Defense Secretary Pete Hegseth directed the agency to shift $50 billion from its 2026 budget away from "Biden-legacy programs" to programs that align with President Donald Trump's "America first" agenda. 

  • February 20, 2025

    Green Groups Ask 9th Circ. To Press EPA Again On Atrazine

    Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."

  • February 20, 2025

    Select SPAC Targets Are Soaring Ahead Of The Pack

    A select breed of companies that went public through mergers with special purpose acquisition companies are performing well lately — hailing mostly from a few specific industries — in stark contrast to the vast majority of SPAC merger targets that have flopped over the past few years, according to data released on Thursday.

  • February 20, 2025

    Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes

    A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.

  • February 20, 2025

    Enbridge's Pipeline Tunnel Approval OK'd By Mich. Panel

    A Michigan appellate court panel on Wednesday struck down environmental groups and tribal nations' challenge to a Michigan Public Service Commission's decision to allow Enbridge Energy to dig an underground tunnel to house part of an oil and natural gas pipeline, finding state regulators' decision was supported by evidence.

  • February 20, 2025

    EPA Sued Over Approval Of Radioactive Waste Road Project

    The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.

  • February 20, 2025

    Mich. Judge Won't Defer Atomic Bomb Waste Suit To Agency

    A Michigan state judge on Thursday denied a Wayne County landfill's bid to dismiss claims from communities attempting to prevent the disposal site from accepting radioactive waste from the development of the first atomic bomb, finding that the court can hear the case rather than deferring to the state's environmental agency.

  • February 20, 2025

    NY Expands Local Power To Give Storm Damage Tax Breaks

    New York state expanded municipalities' authority to provide property tax breaks to owners of property damaged by severe storms and other natural disasters by allowing that relief to be granted for small business' property as part of a bill signed by Gov. Kathy Hochul.

  • February 20, 2025

    Musk's X Seeks Cash At $44B Valuation, Plus More Rumors

    Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 20, 2025

    BakerHostetler Environmental Pro Jumps To Morgan Lewis

    Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.

  • February 19, 2025

    Eaton Fire Class Action Blames SoCal Edison Power Lines

    Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.

  • February 19, 2025

    Lululemon Gets 'Greenwashing' Ads Suit Tossed

    Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told

    Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.

  • February 19, 2025

    10th Circ. Says ARCO Superfund Suit Wasn't Too Late

    A Tenth Circuit panel on Wednesday determined ARCO's lawsuit to force a smelter to contribute to environmental cleanup costs at an old Colorado mine wasn't time-barred because a district court mischaracterized the claim.

  • February 19, 2025

    FERC Watchers Seek Clarity As Trump Curbs Agency Powers

    Energy industry representatives hope to get some clarity from Federal Energy Regulatory Commission members at the agency's monthly open meeting on Thursday, as uncertainty over the commission's future swells in the wake of President Donald Trump's moves to curb independent agencies' powers.

  • February 19, 2025

    Energy Credit Market Still Robust Amid Uncertainty, Attys Say

    Companies continue to buy and sell valuable tax credits earned from large-scale clean energy tax development projects despite President Donald Trump's active efforts to undermine renewable energy and cut the federal workforce administering the incentives, practitioners said Wednesday.

  • February 19, 2025

    Groups Say Trump Can't Reopen Areas To Offshore Drilling

    President Donald Trump may have promised to "drill, baby, drill," but should know he can't undo a prior administration's decision to withdraw vast swaths of outer continental shelf from oil and gas leasing, conservation groups told an Alaska federal judge.

  • February 19, 2025

    NY Vows To Fight Trump's Bid To Kill Congestion Pricing

    New York officials vowed to continue implementing congestion pricing after the Trump administration moved to kill the program Wednesday, teeing up an intense legal battle by swiftly launching a counterattack in federal court to preserve the tolls on all vehicles entering Manhattan's busiest corridor.

  • February 19, 2025

    Senators Aim To Update Permitting, But Roadblocks Loom

    A bipartisan group of U.S. senators on Wednesday appeared united in a desire to address infrastructure project permitting delays and costs, but a top Democrat insisted that legislation can only come after the Trump administration has unfrozen federal funds.

Expert Analysis

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

    Author Photo

    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

    Author Photo

    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

    Author Photo

    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Executive Orders That Could Affect Financial Services In 2025

    Author Photo

    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • Green Projects Face States' Foreign Land Ownership Limits

    Author Photo

    As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

    Author Photo

    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

    Author Photo

    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

    Author Photo

    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Hawaii Climate Insurance Case Is Good News For Energy Cos.

    Author Photo

    The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.

  • Cos. Must Brace For New PFAS Regulations And Litigation

    Author Photo

    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

    Author Photo

    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Implications Of NY Climate Case For Generating Facilities

    Author Photo

    Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

    Author Photo

    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Teaching Your Witness To Beat The Freeze/Appease Response

    Author Photo

    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

    Author Photo

    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Environmental archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!