Environmental

  • 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.

  • February 04, 2025

    6th Circ. Urged To Back $600M Train Derailment Deal

    Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.

  • February 04, 2025

    Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact

    Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.

  • February 04, 2025

    US, Osage Nation Fight Bid To Stay $4.2M Wind Farm Order

    The U.S. government is fighting a bid by Enel Green Power North America to stay a $4.2 million judgment and permanent injunction that requires it to remove 84 wind turbines from the Osage Nation's reservation, arguing that the company is unlikely to prevail in a Tenth Circuit appeal.

  • February 04, 2025

    Environmental Group Of The Year: Keller Rohrback

    Keller Rohrback LLP attorneys secured a $160 million settlement for the city of Seattle in a lawsuit accusing Monsanto of forever-chemical contamination, and they won $126.4 million in damages against PacifiCorp for its role in igniting the 2020 Oregon wildfires, earning the firm a place among the 2024 Law360 Environmental Groups of the Year.

  • February 03, 2025

    4th Circ. Won't Block SC Mixed-Use Housing Project

    The Fourth Circuit refused to temporarily block the development of a nearly 4,000-acre mixed-use Charleston, South Carolina, development project, ruling that the conservationists challenging the project failed to show that the federal government violated federal law after issuing a Clean Water Act permit for the project.

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Faulty LA County Wildfire Alerts Probed By Congress

    A group of U.S. House of Representatives members from Los Angeles County launched an investigation Monday into false-alarm evacuation warnings accidentally sent to nearly 10 million people during last month's deadly wildfires, saying the incident "raises serious questions" about the Federal Emergency Management Agency's mobile alert system.

  • February 03, 2025

    Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict

    A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.

Expert Analysis

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Energy And AI: Key Issues And Future Challenges

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    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

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