Environmental

  • March 14, 2025

    5th Circ. Affirms Energy Exec's Insider Trading Conviction

    The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.

  • March 14, 2025

    SpaceX Suit Against Coastal Commission Grounded, For Now

    A California federal judge dismissed SpaceX's suit Friday alleging the California Coastal Commission wrongly tried to block its rocket launches, but allowed leave to amend the complaint after warning the company's lawyer he would not grant any leave if he kept up his current line of attack on the suit.

  • March 14, 2025

    Green Groups Sue Fed. Agencies Over Frozen Funding

    Environmental groups sued five federal government agencies and their leaders, alleging they illegally froze congressionally approved funding and are hampering the organizations' work.

  • March 14, 2025

    11th Circ. Upholds Toss Of Avian Orgs.' Bid To Import Parrots

    The Eleventh Circuit on Friday affirmed a judgment against two exotic bird nonprofits trying to get approval to import two parrot species, ruling that the Wild Bird Conservation Act does not allow for a carveout of only captive-bred parrot species from certain countries.

  • March 14, 2025

    Colo. Jury Rejects Claims Sterilization Co. Caused Cancer

    A Colorado jury Friday morning rejected four women's claims that emissions from a Terumo BCT Inc. medical sterilization plant caused their cancer, finding after a six-week bellwether trial that the company was not negligent in how it handled emissions of a toxic sterilization chemical.

  • March 14, 2025

    6th Circ. Rejects Tribe's Appeal Of Great Lakes Fishing Pact

    A Sixth Circuit panel upheld a 2023 decree governing fishery management in the Great Lakes on Thursday, finding that a Michigan federal judge had the prerogative to enter the decree over the objections of a Native American tribe. 

  • March 14, 2025

    Toyota Group Unit Buys Radius Recycling In $1.34B Deal

    North American recycler Radius Recycling Inc., advised by Simpson Thacher & Bartlett LLP, has agreed to be bought by a U.S. subsidiary of White & Case LLP-led Toyota Tsusho Corp. in a $1.34 billion deal.

  • March 13, 2025

    EPA's Deregulation Road Riddled With Potential Potholes

    The U.S. Environmental Protection Agency's plan to unwind dozens of climate change and other pollution control rules confronts the practical reality of laborious federal rulemaking, where any attempted shortcuts may backfire in court.

  • March 13, 2025

    EPA Tempting Legal Storm With Climate Danger Rethink

    The U.S. Environmental Protection Agency's reconsideration of its 16-year-old conclusion that greenhouse gases threaten human health may face arduous litigation if the agency reverses course, given that the scientific and legal foundations for the finding have strengthened over time.

  • March 13, 2025

    Feds Can't Pause NYC Congestion Pricing Cases

    A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.

  • March 13, 2025

    Fla. Condo Says Insurers Unfairly Handled Hurricane Claim

    A Pensacola Beach condominium complex told a Florida federal court that it is entitled to recover attorney fees and other costs associated with what it alleged was its insurers' failures to fairly handle its claim for Hurricane Sally damage.

  • March 13, 2025

    Judge Hits 'Reset Button' In 3M, DuPont PFAS Cleanup Case

    New Jersey's environmental regulators have tried to force EIDP and DuPont Chemours to begin remediation efforts on "forever chemical" contamination at a former facility in Salem County — which is at the center of ongoing litigation — a move that seemingly undermined a federal judge's authority and put in jeopardy a looming May trial date.

  • March 13, 2025

    Ore. Tribes Challenge Utility's Eminent Domain Bid

    An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 13, 2025

    NY Bill Seeks Tax Break For Residential Green Infrastructure

    New York state would provide a partial property tax abatement for owners of residential properties in New York City who undertake green infrastructure projects as part of a bill introduced in the state Senate.

  • March 12, 2025

    Calif. Asks Justices To Ax Fuel Groups' Clean Air Waiver Suit

    California asked the U.S. Supreme Court on Wednesday to uphold the D.C. Circuit's ruling that biofuel and fossil fuel industry players don't have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing the Golden State to set standards limiting greenhouse gas emissions for vehicles.

  • March 12, 2025

    Cancer Cause Or Red Herring? Jury Weighs Plant Bellwether

    A medical sterilization company told a Colorado jury Wednesday that four women can't get millions in damages based on the "possibility" that emissions from a sterilization plant caused their cancer, at the close of a six-week trial in which the plaintiffs argued the company should be punished for its negligence.

  • March 12, 2025

    EPA Puts 'Holy Grail Of Climate Change Religion' In Crosshairs

    The U.S. Environmental Protection Agency on Wednesday said it is reconsidering its 2009 finding that some greenhouse gases endanger humans' health and welfare — putting the fate of rules that sprang from that landmark conclusion into question.

  • March 12, 2025

    EPA Says Grant Termination Moots Climate Group's Challenge

    The U.S. Environmental Protection Agency told a D.C. federal judge Wednesday that its cancelation of $20 billion in grant funding for climate change projects renders moot Climate United Fund's claim that Citibank is illegally denying its disbursement requests.

  • March 12, 2025

    Insurance Pros Urge Calif. Lawmakers To Address Fire Risks

    Insurance experts in a committee hearing that largely summed up concerns following the Los Angeles fires urged California lawmakers on Wednesday to address rising physical risks, smoke damage complaints, and regulations meant to expand coverage access.

  • March 12, 2025

    Alaska Tribal Groups' Bid To Update Fish Harvesting Rule Fails

    A federal judge has said the National Marine Fisheries Service didn't violate the law by relying on 2004 and 2007 environmental impact statements to determine specifications for a final groundfish harvest rule for the Bering Sea and Aleutian Islands, rejecting two Alaskan tribal organizations' bid to vacate the rule.

  • March 12, 2025

    Ga. City Faces $35M Suit Over Recycling Plant Flip-Flop

    An Atlanta-based concrete recycling business has sued the city of Stonecrest, Georgia, its mayor and city council members in federal court Tuesday for $35 million, alleging political flip-flopping by officials is costing it and a landowner approximately $640,000 per month while its facility sits idle.

  • March 12, 2025

    HUD Rejects NC City's DEI-Incorporating Disaster Relief Plan

    The U.S. Department of Housing and Urban Development said it rejected a draft plan submitted by Asheville, North Carolina, outlining how the city would distribute $225 million in federal relief funds for hurricane recovery due to the plan's incorporation of "DEI criteria."

  • March 12, 2025

    Justices Face Renewed Calls To Nix Mass. Wind Farm Permits

    Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.

  • March 12, 2025

    Texas Urges Court Not To Let DuPont Out Of PFAS Lawsuit

    Chemical companies DuPont and Corteva are leaning on a "fraudulent transfer scheme" in order to exit a lawsuit accusing them of making and selling forever chemicals despite knowing about their toxic nature, the state of Texas said Tuesday, urging a federal court not to give them the out.

Expert Analysis

  • What Calif. Bill Could Mean For Battery Energy Storage

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    A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Reg Waiver Eases Calif. Rebuilding, But Proceed With Care

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    California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.

  • The Post-Macquarie Securities Fraud-By-Omission Landscape

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    While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

  • Trump's Energy Plans: Climate, Data Centers, LNG And More

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    With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • A View Of The Shifting Insurance Regulatory Landscape

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    Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.

  • Trump's Energy Plans: Funding, Permits And Nuclear Power

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    In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • A Halftime Analysis Of DOJ's Compensation Pilot Program

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    The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

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