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Environmental
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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March 25, 2025
NJ Says NYC Congestion Pricing Fight Ripe For Decision
The Garden State's legal battle to dismantle New York's congestion pricing program can still advance even while the Metropolitan Transportation Authority fights the federal government's withdrawal of approval for the program in Manhattan federal court, New Jersey's attorneys told a federal judge.
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March 25, 2025
LADWP Accused Of 'Massive Cover-Up' In Palisades Fire
Los Angeles fire victims hit the Los Angeles Department of Water and Power with another lawsuit in California state court Monday, accusing the LADWP of conducting a "massive cover-up" to allegedly hide that its downed power lines had sparked several additional fires that fueled the deadly Pacific Palisades fire.
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March 25, 2025
USDA Must Face Logging Emissions Suit, DC Judge Rules
A D.C. federal judge on Tuesday rejected the U.S. Department of Agriculture's bid to toss allegations that the U.S. Forest Service never assessed the emissions effect of its logging program under the National Environmental Policy Act from environmental activists, clearing the way for the litigation to proceed.
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March 25, 2025
Nelson Mullins Welcomes Alt Energy Transactions Atty In NY
Nelson Mullins Riley & Scarborough LLP is bringing a Clean Energy Counsel attorney to its New York office, touting his more than three decades of experience with distributed and utility-scale energy and infrastructure projects in the United States and Latin America, especially in renewable and alternative energy finance and development.
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March 24, 2025
Michigan Tribes Exit Line 5 Talks, Citing 'Energy Emergency'
Six Michigan tribes are withdrawing as cooperating agencies in the U.S. Army Corps of Engineers' environmental evaluation of Enbridge Energy's permit application for its Line 5 oil project tunnel in the Straits of Mackinac after they said a Trump administration executive order will likely fast-track its approval.
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March 24, 2025
Ore. Tribe Backs Hydro Utility's Eminent Domain Bid At Falls
The Confederated Tribes of Siletz Indians has asked an Oregon federal judge to approve a utility company's attempt to condemn five acres of public land for the operation of a hydroelectric project, saying another tribe believes wrongly that condemnation would eliminate its fishing platform.
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March 24, 2025
4th Circ. Halts Removal Of PFAS Suits Against 3M
The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.
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March 24, 2025
Judge Won't Stop Calif. Offshore Lease Fight For Gov't Redo
A California federal judge has refused to pause litigation challenging extensions for offshore oil and gas leases in the area of a 2015 pipeline spill, saying she wasn't convinced that the U.S. Department of the Interior would seriously reconsider its decision.
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March 24, 2025
Camp Lejeune Litigants Expect Global Deal By Year's End
Veterans and their family members who sued the government over toxic water at Camp Lejeune will likely see a global deal resolving their claims by the end of 2025, according to a report in North Carolina federal court from Jenner & Block LLP and DLA Piper attorneys designated as settlement masters.
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March 24, 2025
Judge Slams Pa. County For 'Sneaky' Climate Suit End Run
A Pennsylvania state judge seemed skeptical Monday that Bucks County's Big-Tobacco style lawsuit against oil companies should move forward, calling out the county for what he said was its commissioners' attempt to avoid scrutiny by filing the lawsuit without first providing the public adequate notice.
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March 24, 2025
Norfolk Southern Must Face Investors' Suit Over Safety Claims
A lawsuit claiming that Norfolk Southern executives propped up stock prices with false claims about the railroad's safety culture has survived the company's motion to dismiss, with a Georgia federal judge ruling Monday that those claims were specific enough to be material for investors who were allegedly deceived up until the 2023 derailment in East Palestine, Ohio.
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March 24, 2025
Energy Giants Urge Puerto Rico Judge To Nix RICO Suit
A group of energy industry giants have asked a Puerto Rico federal district judge to toss racketeering and antitrust claims filed by municipalities alleging they misrepresented the climate dangers of fossil fuel products.
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March 24, 2025
Groups Press DC Judge To Unfreeze EPA Climate Funds
Three nonprofits awarded billions of dollars under climate change investment initiatives established under the Inflation Reduction Act have asked a federal judge to restore their access to grant funds that they claim the Trump administration has unlawfully blocked.
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March 24, 2025
3 Firms Advise As Gold Cos. Tussle Over Rejected $2.1B Offer
Australia's Gold Road Resources Ltd. rejected what it called a "highly opportunistic" AU$3.3 billion ($2.07 billion) takeover bid from South African miner Gold Fields Ltd., but both companies were left "disappointed" after a Gold Road counterproposal was also turned down, according to company statements Monday.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
NC Justices Back Permit Approval For Disputed Asphalt Plant
North Carolina's highest court reversed a lower court's ruling that a contested permit to build an asphalt plant in Ashe County should not have been issued, ruling that the company looking to develop the facility had properly submitted its application even if it didn't have state approval for the project at the time.
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March 24, 2025
4 Firms Advise On $8.75B James Hardie, Azek Deal
Dublin-based building products company James Hardie Industries PLC has agreed to acquire The Azek Co. Inc. in a cash and stock transaction valued at $8.75 billion, including debt, in a deal steered by four law firms.
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March 24, 2025
Vertical Farming Co. Files Ch. 11 Amid Financing Struggles
Vertical farming venture Plenty Unlimited Inc. filed for Chapter 11 protection in Texas bankruptcy court with $100 million to $500 million of both assets and liabilities after struggling to raise fresh funds to support its money-losing business.
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March 24, 2025
Justices Close Door On Kids' Climate Case
The U.S. Supreme Court on Monday declined to revive a lawsuit from youths alleging that current federal energy policies harm their future by exacerbating climate change.
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March 22, 2025
Up Next At High Court: Non-Delegation & Clean Air Fights
The U.S. Supreme Court will return to the bench Monday to hear arguments in a dispute that could revive a long-dormant separation of powers principle and trigger a regulatory power shift.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
11th Circ. Declines To Disturb Tesla Crash Suit Dismissal
The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.
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March 21, 2025
Aircraft Parts Co. Moves Facility Fire Case To Federal Court
Aircraft parts manufacturer SPS Technologies LLC has moved litigation over the effects of its Abington Township, Pennsylvania, parts warehouse explosion and fire to federal court from the Philadelphia County Court of Common Pleas, arguing that federal jurisdiction is proper because its parent company is in Oregon.
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March 21, 2025
Trump Administration Reveals Details On WOTUS Intentions
The Trump administration on Friday revealed that it plans to prioritize clarifying what types of water bodies are covered by the waters of the U.S. Clean Water Act rule during its upcoming review of the Biden-era regulations.
Expert Analysis
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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.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.