Environmental

  • February 28, 2025

    Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say

    The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.

  • February 28, 2025

    Trump Admin Cuts Raise Trade Secret Security Concerns

    As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

  • February 28, 2025

    Up Next At High Court: Gun Violence Liability & Nuclear Waste

    The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.

  • February 28, 2025

    Insurer Gets Partial Early Win In Oil Pollution Coverage Suit

    Because of a late notice, an insurer shouldn't have to defend an oil and gas company against litigation claiming it damaged neighboring land after it discharged wastewater, a U.S. magistrate judge recommended to a Texas federal court Friday, but indemnification might still be on table.

  • February 28, 2025

    Feds Say Tribes Can't Block New Oregon Casino

    The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.

  • February 28, 2025

    Seattle Property Owner Slaps Exxon With Cleanup Suit

    A Seattle property owner hit Exxon Mobil Corp. with a lawsuit seeking to hold it liable for the costs of cleaning up pollution from a former gas station, according to a complaint the energy giant removed to federal court on Friday.

  • February 28, 2025

    La. Regulators Ask Justices To Review Tesla Sales Ban Case

    Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.

  • February 28, 2025

    Carbon Project Investor C-Quest Hits Ch. 7

    Carbon project developer C-Quest Capital has filed for Chapter 7 liquidation in a Delaware bankruptcy court as its ex-CEO faces charges he fraudulently obtained millions of dollars worth of carbon credits.

  • February 28, 2025

    3M Wants Texas 'Forever Chemical' Suit Tossed

    3M Co. told a Texas federal judge that the Lone Star State's lawsuit accusing chemical manufacturers of selling forever chemical-containing products despite knowing they present health risks to humans should be tossed because the court doesn't have jurisdiction over the companies.

  • February 28, 2025

    Lewis Brisbois Adds Miami Litigation Trio From Fowler White

    Lewis Brisbois Bisgaard & Smith LLP added a trio of experienced litigation partners to its products liability practice in Miami from Fowler White Burnett PA.

  • February 28, 2025

    MPLX Paying $715M For Full Control Of BANGL Pipeline

    Morgan Lewis & Bockius LLP-advised MPLX LP said Friday it has agreed to acquire the remaining 55% interest in the BANGL pipeline system of Texas for $715 million, plus potential future earnout payments, from affiliates of WhiteWater and Diamondback Energy.

  • February 28, 2025

    Missouri Judge Won't Step Aside From Plastics Recycling Suit

    A Missouri federal judge denied petrochemical companies' request that he recuse himself from a proposed class action accusing them of misleading people about plastic's recyclability due to his wife's position as a Kansas City council member.

  • February 27, 2025

    Apple Falsely Touted Watches As 'Carbon Neutral,' Buyers Say

    Apple Watch purchasers on Wednesday lodged a proposed class action in California federal court, claiming that the tech giant marketed various smartwatch products as "carbon neutral" despite Apple not actually providing "genuine, additional carbon reductions."

  • February 27, 2025

    Norfolk Southern Escapes Investors' Derailment Fraud Suit

    A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.

  • February 27, 2025

    Don't Fault Sterilization Co. For What It Didn't Know, Jury Told

    A sterilization company's expert told a Colorado state jury Thursday that the company can't be held responsible for not using pollution controls that didn't yet exist, arguing the company has always reasonably controlled emissions of a toxic sterilization chemical based on what was known at the time.

  • February 27, 2025

    Feds Can't Dodge Firefighting Foam Suits Yet, SC Judge Rules

    A South Carolina federal judge on Thursday denied the U.S. government's push to escape dozens of suits over contamination allegedly stemming from its use of forever chemical-containing firefighting foams, saying cases involving a military base in New Mexico showed its global motion to dismiss to be inappropriate.

  • February 27, 2025

    Congress Prioritizes Enviro Regs On Nix List

    Congressional Republicans have lined up several actions that would undo Biden-era environmental initiatives, from water heater efficiency standards to a Clean Air Act amendment that laid the groundwork for grants that are now in the Trump administration's crosshairs.

  • February 27, 2025

    Ga. Developers Accused Of Polluting During Solar Farm Build

    A Floyd County, Georgia, couple has accused local developers of polluting streams and a lake on their property during the construction of a solar farm, in violation of the Clear Water Act.

  • February 27, 2025

    Feds Sued In Wash. For Denying Coastal Moth ESA Status

    President Donald Trump's administration was hit with a lawsuit on Wednesday in Washington federal court brought by a wildlife conservation group seeking Endangered Species Act protections for a Pacific Northwest moth facing a dwindling dune habitat amid coastal development and rising sea levels.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

  • February 27, 2025

    Congress Sends EPA Methane Fee Rule Repeal To Trump's Desk

    Congress on Thursday passed a resolution scrapping the U.S. Environmental Protection Agency's imposition of a methane emissions fee on oil and gas companies, a move that may create uncertainty for industry as the fee remains legally mandated.

  • February 27, 2025

    Energy Co. Sued Over Rent, Radioactive Waste Disclosures

    A Brooklyn property owner and two companies accused National Grid of owing rent on the site of a former industrial facility and impeding their businesses by not telling them quickly enough that there were radioactive materials there.

  • February 26, 2025

    Trump Orders Fed Agencies To Plan For Large Layoffs

    The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."

  • February 26, 2025

    Calif. AG's Hiring Of Lieff Cabraser In Climate Suit Challenged

    California Attorney General Rob Bonta improperly hired Lieff Cabraser Heimann & Bernstein LLP to assist with the state's climate deception suit against fossil fuel companies when attorneys in his office were capable of handling the litigation, the union representing the public lawyers contended in a newly filed state court complaint.

  • February 26, 2025

    USDA Unlawfully Purged Climate Info, Advocacy Groups Say

    The U.S. Department of Agriculture has illegally erased scores of data-rich webpages focused on climate change from its websites in a sudden action that denies farmers access to essential information as the country faces extreme weather patterns, according to a lawsuit filed in New York federal court.

Expert Analysis

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Trump's Energy Plans For Generation, Transmission And More

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    The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Managing Litigation Side-Switching During 2nd Trump Admin

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    Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

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    A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Updated FWS Regs Will Streamline Right-Of-Way Permitting

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    Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.

  • Nippon, US Steel Face Long Odds On Merger Challenge

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    Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

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