Environmental

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 20, 2025

    Trump, Musk Sued By Nonprofits Over DOGE Transparency

    Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.

  • January 20, 2025

    Trump Announces 2nd Exit From Paris Climate Agreement

    President Donald Trump announced upon being sworn in Monday that for a second time, he will pull the United States out of the Paris climate accord.

  • January 17, 2025

    Red States Challenge DOE Rule On Gas Heater Efficiency

    Several red states and industry groups are challenging the Biden administration in its waning days over a final rule the U.S. Department of Energy has issued on making certain natural gas water heaters more energy efficient, asking the Eleventh Circuit to toss the rule in a petition for review filed Friday.

  • January 17, 2025

    NHTSA Defends Fuel-Economy Regulations In 6th Circ.

    The U.S. Department of Transportation told the Sixth Circuit on Friday that its new fuel-economy standards are technologically feasible and properly account for a variety of alternative-fuel vehicles, rejecting claims from Republican-led states and fuel industry groups that the stringent standards amount to an unlawful electric vehicles mandate.

  • January 17, 2025

    9th Circ. Backs Vacating Some Trump-Era Oil And Gas Leases

    A split Ninth Circuit ruled Friday that an Idaho federal court, but not a Montana federal court, abused its discretion in striking down oil and gas leases sold during the Trump administration, but halted "surface-disturbing activity" while the federal government reconsiders the leasing decisions.

  • January 17, 2025

    NM Justices Reject Utility Challenges To Solar Rule

    New Mexico's top court issued a slip opinion explaining its decision to back a community solar rule enacted by state regulators and to reject arguments by an Xcel Energy unit and other utilities claiming the rule ran afoul of a Community Solar Act passed by lawmakers.

  • January 17, 2025

    Red States And Oil Groups Attack Biden's Coastal Drilling Ban

    Louisiana-led states and fossil fuel groups are asking a federal judge in the Pelican State to scrap a pair of Biden administration memos that recently banned new oil and gas leasing across more than 625 million acres of federal waters.

  • January 17, 2025

    DC Circ. Seems Of Split Mind On EPA Air Compliance Suit

    The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.

  • January 17, 2025

    Green Groups Defend EPA's Drinking Water PFAS Rule

    Green groups on Friday asked the D.C. Circuit to uphold the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water, which is being challenged by water utility associations and chemical industry players.

  • January 17, 2025

    Texas-Led States Join Challenge To EPA Methane Tax

    A coalition of Texas-led states has joined a slew of industry groups challenging a U.S. Environmental Protection Agency rule that imposes fees oil and gas companies must pay if their methane emissions exceed certain thresholds.

  • January 17, 2025

    Tennessee, BlackRock Settle Suit Over ESG Goals

    Tennessee Attorney General Jonathan Skrmetti announced Friday that his office has dismissed its lawsuit accusing BlackRock of misleading customers about its environmental, social and corporate governance investment strategies, with the asset manager committing to certain transparency and compliance measures.

  • January 17, 2025

    Muscogee Look To Renew Alabama Burial Grounds Dispute

    The Muscogee (Creek) Nation is asking a federal district court for permission to file a new complaint in a dispute over a sacred Alabama burial ground site after the Eleventh Circuit last year allowed the tribe to reinstate its allegations.

  • January 17, 2025

    P&G Accused Of 'Greenwashing' And Making 'Frankenforests'

    Procter & Gamble is greenwashing its Charmin toilet paper by misleading consumers into believing it is ethically sourced and that the multinational consumer goods company is following through with sustainable reforestation promises, a 48-count proposed class action alleges.

  • January 17, 2025

    Sidley-Led Hennessy Capital's 7th SPAC Raises $175M

    Blank-check company Hennessy Capital Investment Corp. VII began trading publicly on Friday after raising $175 million in its initial public offering, which will be used to merge with a company in the industrial technology or energy transition sectors.

  • January 17, 2025

    GOP Reps. Look To End President's National Monument Power

    Two Republican members of Congress have launched a bill seeking to strip the president's power to declare national monuments, saying the Antiquities Act of 1906 is in dire need of reform that would hand over that authority to Congress.

  • January 17, 2025

    Fla. HOA Says Insurer Failed To Pay Or Appraise $9.5M Claim

    A Sunshine State condo association told a Florida federal court Friday that its insurer failed to pay its $9.5 million claim for damages sustained as a result of Hurricane Ian, alleging the insurer didn't meet its policy's terms regarding assigning an appraiser.

  • January 17, 2025

    Feds Urge 9th Circ. To Restore Threatened Seals' Habitat

    The federal government has asked the Ninth Circuit to overturn an Alaska federal district court judge who vacated the National Marine Fisheries Service's designation of critical habitat for Pacific bearded seals and Arctic ringed seals.

  • January 17, 2025

    DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board

    The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.

  • January 17, 2025

    Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says

    A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.

  • January 17, 2025

    Property Owner Says Nationwide Lowballed On $3.8M Losses

    A Georgia property owner accused its insurer, a Nationwide unit, of "grossly underestimating" damages from separate hail and water events, alleging it was offered a combined total of less than $8,000 for losses exceeding $3.8 million, in a case removed to Georgia federal court.

  • January 17, 2025

    PE-Backed M&A Values, Megadeals Surged In 2024

    Private equity-backed merger and acquisition values jumped nearly 25% year-over-year in 2024, while PE-backed megadeals valued above $5 billion more than doubled, according to S&P Global Market Intelligence.

  • January 17, 2025

    Co. Suggests 4 Chemicals For Taxable Substances List

    The Internal Revenue Service is seeking comments on proposals from Occidental Chemical Corp. to add four chemicals to the Internal Revenue Code's list of taxable substances, the agency said Friday.

  • January 16, 2025

    US Could Soon Find Itself On Wrong End Of Energy Disputes

    America's energy landscape has been marked in recent years by the Biden administration's enthusiastic support of renewable energy projects, but international disputes experts are predicting that the incoming Trump administration's promise to derail such projects could land the U.S. in legal hot water.

Expert Analysis

  • A Shift In Control Of Congress May Doom These Enviro Regs

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    If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.

  • Election Could Bring Change In Weather For Offshore Wind

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    Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • High Stakes In Justices' Review Of Clean Air Act Venue Fights

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    Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

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