Environmental

  • September 04, 2025

    Enbridge Asks High Court To Reverse Pipeline Remand Ruling

    Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.

  • September 04, 2025

    EPA Touts 'Ambitious' New Deregulatory Agenda

    The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.

  • September 04, 2025

    Wash. PFAS Contamination Suit Sent Back To State Court

    A Washington federal judge has remanded to state court a refinery operator's suit alleging that firefighting foam containing per- and polyfluoroalkyl substances, or PFAS, made and sold by The Chemours Co., Tyco Fire Products and others has contaminated the refinery.

  • September 04, 2025

    Atty Can't Duck TCPA Suit Over Camp Lejeune Calls

    A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.

  • September 04, 2025

    Pollution Exclusion Bars Coverage For HOA Stormwater Suit

    An insurer has no duty to defend or indemnify a homeowners association against claims that its stormwater drainage system caused flooding and damage to nearby properties, a Georgia federal court ruled, saying a pollution exclusion bars coverage.

  • September 04, 2025

    Feds Don't Have Immunity In NM Wildfire Row, Court Told

    The U.S. Forest Service's failure to comply with a plan for the Santa Fe National Forest means it cannot avoid liability by invoking an "overarching discretionary enterprise" of prescribed burning that led to the destruction of nearly 43,000 acres, a New Mexico tribe, an electric cooperative and others argue.

  • September 04, 2025

    Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale

    The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.

  • September 04, 2025

    Solar Co. Mosaic Gets OK For Debt-For-Equity Ch. 11 Plan

    A Texas bankruptcy judge Thursday approved residential solar panel financing firm Mosaic's plan to reorganize and hand ownership of its loan servicing business to its secured lender, after no buyers came forward at a Chapter 11 auction.

  • September 04, 2025

    Trump's Wind Project Halt Faces Suits From Conn., RI, Ørsted

    The decision by President Donald Trump's administration to stop a nearly completed wind project slated to power the New England region was met with two lawsuits on Thursday, with the attorneys general of Connecticut and Rhode Island and developer Ørsted seeking to resume construction.

  • September 04, 2025

    FERC Nominee Says He Supports Review Of Removal Protections

    A Federal Energy Regulatory Commission nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future under President Donald Trump.

  • September 04, 2025

    Feds Sue SoCal Edison Over Eaton, Fairview Wildfires

    The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.

  • September 04, 2025

    Unions Defend Challenge To Federal Work Safety Agency Cuts

    Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."

  • September 04, 2025

    Wash. Justices To Review Voter Measure Backing Natural Gas

    The Washington State Supreme Court has agreed to weigh in on a dispute over a law approved by voters that prevents local governments and code officials in the state from passing rules restricting or discouraging the use of natural gas.

  • September 04, 2025

    Cube Highways Trust Mulls $600M IPO, Plus More Rumors

    Indian infrastructure investment trust Cube Highways Trust is considering a $600 million initial public offering, premium diaper brand Coterie is in talks to be acquired by consumer goods business Mammoth Brands, and European antitrust regulators have reportedly paused their investigation into ADNOC's $17.1 billion acquisition of German chemicals producer Covestro.

  • September 03, 2025

    Ga. County Can't Recoup Bio-Lab Emergency Response Costs

    A Georgia federal judge said a metro Atlanta county can't recover its emergency services expenses in responding to the massive Bio-Lab chemical plant fire last year, but left the door open for the county to win damages from the resulting economic fallout of the disaster.

  • September 03, 2025

    How Morgan & Morgan Got Ousted As Top Federal Tort Filer

    Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.

  • September 03, 2025

    DOI Casino Approval Overturned For Ignoring Tribal Input

    The U.S. Department of the Interior went beyond its authority and failed to properly consult with another local tribe when it approved the Koi Nation's plan to build a casino on newly acquired trust land, a California federal judge has ruled.

  • September 03, 2025

    Ex-Latham Atty Who Quit Over Trump Deal Joins Stoel Rives

    Former BigLaw associate Sam Wong, who publicly quit Latham & Watkins LLP earlier this year in response to a deal it reached with the Trump administration to avoid executive orders targeting the firm, said he has joined Stoel Rives LLP, where he will be advising clients on energy projects, regulatory matters and more. 

  • September 03, 2025

    Feds Move To Sink Mass. Offshore Wind Farm Approval

    The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.

  • September 03, 2025

    Enviro Groups Urge 11th Circ. To Keep Detention Center Shut

    Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.

  • September 03, 2025

    9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims

    A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.

  • September 03, 2025

    4th Circ. Says Md. Immunity Doesn't Apply In Tugboat Case

    The Fourth Circuit said Wednesday that a tugboat owner's petition seeking to limit its liability over a 2015 accident involving Maryland's Nanticoke River Memorial Bridge does not infringe on the state's sovereign immunity, so it can proceed in the district court.

  • September 03, 2025

    Feds Seek $140M Fine For Mich. Energy Co. Over Air Pollution

    The federal government on Tuesday advocated for $140 million in penalties for a Michigan energy company the government alleges shares responsibility for air pollution resulting from coke production, while the energy company maintained it tried to comply with the state-issued permit, in briefs filed this week ahead of a bench trial later this month.

  • September 03, 2025

    9th Circ. Saves Tribes' Cultural Superfund Claims Against Teck

    The Ninth Circuit on Wednesday revived the Confederated Tribes of the Colville Reservation's natural resource damages claims against Teck Cominco Metals Ltd. for the company's alleged pollution of the Columbia River.

  • September 03, 2025

    Wash. Court Pressed To Immediately End EV Funding Freeze

    Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.

Expert Analysis

  • Mass. AG Emerges As Key Player In Consumer Protection

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    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • What Cos. Should Know About U.S. Minerals Executive Order

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    President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.

  • How The ESG Investing Rule Survived Loper Bright, For Now

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    A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • State Extended Producer Responsibility Laws: Tips For Cos.

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    As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • 5 Steps To Promote Durable, Pro-Industry Environmental Regs

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    The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

  • How Trump Policies Are Affecting The Right To Repair

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    Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.

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