Environmental

  • February 06, 2025

    Nippon Says US Steel Deal Aligns With Trump Goals

    Nippon Steel said Thursday that its proposed $14.9 billion acquisition of Pennsylvania-based U.S. Steel is in line with President Donald Trump's goals, as the Japanese steelmaker dropped hints of its strategy to get the new administration to approve the deal. 

  • February 06, 2025

    Trump's Federal Worker Buyout Plan Put On Hold

    A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.

  • February 05, 2025

    Sterilization Co. Skimped On Pollution Controls, Residents Say

    An attorney for four Colorado residents who claim emissions from a Terumo BCT Inc. medical sterilization facility caused their cancers told jurors at the start of a six-week trial Wednesday that the company cut corners and failed to implement known solutions to cut toxic emissions into the community.

  • February 05, 2025

    California Tribes Sue Feds Over 'Massive' Casino Project

    The Wintu Tribe of Northern California and the Paskenta Band of Nomlaki Indians hauled several federal agencies into Washington, D.C., federal court for allegedly greenlighting a plan to turn over 220 acres of Indigenous territory into a "massive" casino development without evaluating the environmental impact or the land's cultural significance.

  • February 05, 2025

    Suit Challenges BLM Approvals Of More Calif. Drilling Permits

    Conservation and public health groups have told a California federal judge that the U.S. Bureau of Land Management continues to barrel ahead in approving more oil and gas drilling permits in the polluted San Joaquin Valley and to shirk its public notice and environmental review duties.

  • February 05, 2025

    Doubt Over NEPA Regs' Future Brings New Risk For Projects

    Recent court decisions and President Donald Trump have jeopardized long-standing federal regulations for environmental reviews, introducing uncertainty in the permit application and approval process for projects ranging from roads to pipelines that could lead to delays and new litigation.

  • February 05, 2025

    NJ Seeks Jury Trial In PFAS Cleanup Case Against 3M, DuPont

    New Jersey officials are fighting back against 3M and DuPont's requests to have a federal bench trial on their environmental claims seeking remediation and restoration cost reimbursement over purported PFAS contamination, arguing that its legal claims are tied to legal remedies that a jury, not a judge, must decide.

  • February 05, 2025

    Chicago's Climate Suit Belongs In Federal Court, Judge Hears

    The city of Chicago should not be allowed to take environmental deception claims against the nation's largest oil producers back to state court because the city's suit targets conduct performed largely for the federal government, a judge heard during a Wednesday hearing.

  • February 05, 2025

    Nixon Peabody Taps Ex-Faegre Drinker Environmental Atty

    Nixon Peabody LLP hired a former Faegre Drinker Biddle & Reath LLP environmental attorney for the firm's New York City office.

  • February 05, 2025

    NJ's Climate Change Suit Against Energy Cos. Tossed

    A New Jersey state judge on Wednesday threw out the Garden State's lawsuit accusing fossil fuel companies of concealing the climate change risks of their products, finding the state's claims are preempted by federal law.

  • February 05, 2025

    Alaska Sues In DC Over Tribe's Anchorage Gaming Hall

    The state of Alaska is suing the U.S. Department of the Interior and an Alaska Native tribe in D.C. federal court, seeking to wipe out a series of agency decisions the state says upended jurisdictional authority over Alaska lands and authorized the tribe to operate a gaming hall in Anchorage.

  • February 05, 2025

    GOP Lawmakers Move To Scrap Methane Emissions Fee

    Republican lawmakers revived legislation seeking to block implementation of the U.S. Environmental Protection Agency's methane emissions fee, as part of a broader effort to bolster the Trump administration's U.S. energy dominance policy.

  • February 05, 2025

    Cleveland-Cliffs Wants 'Un-American' US Steel Suit Tossed

    Cleveland-Cliffs and its CEO have asked a Pennsylvania judge to toss a lawsuit filed against them by Nippon Steel and U.S. Steel, calling the suit "un-American" while claiming that the plaintiffs' "sputtering disapproval" of the defendants' statements doesn't hold up in court.

  • February 04, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.

  • February 04, 2025

    Calif. Partly Beats Challenge To Climate Disclosure Laws

    A California federal judge has trimmed a lawsuit brought by the U.S. Chamber of Commerce and other business groups over the state's corporate climate disclosure rules, finding the groups failed to state a claim with respect to two causes of action.

  • February 04, 2025

    Calif. AG Backs Tribes In Bid To Protect Cultural Resources

    California's attorney general has won his bid to intervene in a consolidated suit challenging a county's approvals for a roadside attraction proposed to be built along Highway 101, saying the county violated environmental standards and failed to consult with Native American tribes.

  • February 04, 2025

    5th Circ. Mulls If Green Orgs. Have Injury In Injection Well Case

    A Fifth Circuit panel pondered whether environmental groups will suffer an injury adequate to challenge underground injection wells in Louisiana, asking during oral arguments Tuesday whether the groups can bring a legal claim for an event 50 years down the road.

  • February 04, 2025

    EPA, Interior Leaders Unveil Focus On US Energy Production

    The heads of the U.S. Department of the Interior and the U.S. Environmental Protection Agency unveiled plans for their agencies that largely focus on bolstering President Donald Trump's U.S. energy dominance policy. 

  • February 04, 2025

    5th Circ. Asks Why EPA Stalled Denial Of Texas Ozone Plan

    A Fifth Circuit panel pushed the U.S. Environmental Protection Agency on Tuesday to specify why it had dragged its feet before denying Texas' Clean Air Act implementation plans, asking during oral arguments how long the agency can "sit on" the plans.

  • February 04, 2025

    Calif. AG Gets $25M To Fund Legal Fights Against Trump

    The California Legislature greenlighted a $25 million cash infusion Monday for the state attorney general's office in a strategic effort to bolster the state's legal defenses against President Donald Trump's policy agenda, including anticipated challenges to immigration and environmental regulations.

  • February 04, 2025

    Pushing The Envelope In Climate Law: Murder Charges

    Climate change legal advocates are pointing to wildfires in Los Angeles, hurricanes in the Southeast and a regulation-averse presidential administration as evidence that local prosecutors should begin going after fossil fuel companies with criminal charges — up to and including homicide.

  • February 04, 2025

    Norfolk Southern Hit With 'Toxic Nightmare' Derailment Suit

    Hundreds of Ohio and Pennsylvania residents affected by the fallout of the Feb. 3, 2023, Norfolk Southern train derailment have accused the rail company, government agencies and several businesses of downplaying the ongoing harm of the incident, marking one of the latest lawsuits filed on or near the two-year milestone.

  • February 04, 2025

    NJ Wildlife Regulator Is Unconstitutional, Ex-Legislator Argues

    A former New Jersey state senator urged an appeals court Tuesday to revive his nonprofit company's suit challenging the constitutionality of the state's hunting and fishing regulatory agency, arguing it's the only policymaking body in the state controlled by a single private organization.

  • February 04, 2025

    Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight

    The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.

  • February 04, 2025

    White House Lacks Authority To Issue NEPA Regs, Judge Says

    The White House Council on Environmental Quality has no authority to issue binding National Environmental Policy Act regulations, a North Dakota judge has ruled, scrapping challenged regulations the Biden administration had enacted.

Expert Analysis

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • How The 2025 Tax Policy Debate Will Affect The Energy Sector

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    Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • The Complex Challenges Facing Sustainable Food Packaging

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    More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

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