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Environmental
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.