Âé¶¹´«Ã½

Environmental

  • May 16, 2025

    5th Circ. Reverses Intervention Denial For Border Wall Cos.

    A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.

  • May 16, 2025

    Taxation With Representation: Blakes, Davies, Goodmans

    In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.

  • May 15, 2025

    $666M Pipeline Verdict 'Poster Child' For Reduction, Judge Told

    Âé¶¹´«Ã½yers for Greenpeace urged a North Dakota state judge Thursday to significantly reduce a $666 million verdict over claims that it falsely disparaged the Dakota Access pipeline amid environmental protests, with the jury having awarded ten times more on certain claims than even the pipeline's builder wanted.

  • May 15, 2025

    Wis. Tribe Urges Army Corps To Reject Enbridge Line 5 Permit

    Members of a Wisconsin tribe are urging the U.S. Army Corps of Engineers to deny Enbridge Energy Inc. a permit that will allow it to reroute its Line 5 pipeline around and upstream its reservation, arguing that, if allowed, hundreds of downstream wetlands and streams would be polluted by the project.

  • May 15, 2025

    Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights

    An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.

  • May 15, 2025

    Unions, Groups Seek Injunction To Block Gov't Restructuring

    A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.

  • May 15, 2025

    Regulatory Rollback Orders Legally Risky, FERC Chair Says

    The Federal Energy Regulatory Commission is attempting to comply with executive orders that aim to roll back federal regulations, but Chairman Mark Christie said Thursday that implementing the orders could open FERC up to lawsuits and potentially courtroom defeats.

  • May 15, 2025

    Toshiba Unit Can't Get Bench Trial In Hydro Plant Dispute

    A Toshiba subsidiary lost a bid to have a breach-of-contract case related to an upgrade of a Michigan hydroelectric power plant tried by a judge instead of a jury, the court rejecting an attempt to invoke a parent company's waiver of its right to a jury trial.

  • May 15, 2025

    Energy Dept. Expands Review Of $15B Worth Of Grants

    The U.S. Department of Energy said on Thursday that it's scrutinizing 179 grant awards worth $15 billion that it said were issued under the Biden administration.

  • May 15, 2025

    House Tax Bill's Foreign Rules May Finish Off Energy Perks

    House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.

  • May 15, 2025

    Battery Recycler Cites 'Green' Funding Uncertainties In Ch. 15

    Lithium battery recycler Li-Cycle asked a New York bankruptcy judge to recognize its Canadian insolvency, saying the current political climate has made investors wary of infusing money needed to tap a $475 million U.S. federal loan.

  • May 15, 2025

    NJ Toxic Spill Rule May Hamper Property Sales, Panelists Say

    A New Jersey Department of Environmental Protection regulation expected to take effect this summer could slow property sales and lead to increased litigation as attorneys and real estate investors grapple with stricter requirements for reporting toxic spills, experts speaking Thursday at the State Bar Association's annual meeting in Atlantic City said.

  • May 15, 2025

    Feds' Memo In Filing Mishap Is Privileged, NY Judge Says

    A New York federal judge has determined that the federal government's mistakenly filed memo in litigation over Manhattan's congestion pricing program is privileged and cannot be cited in the parties' arguments, but the memo won't be sealed because it's already been widely reported on.

  • May 15, 2025

    Insurer Wants Smokestack Demo Cos. To Pay For Damage

    Erie Insurance is seeking to make the companies that demolished two smokestacks at a former Western Pennsylvania coal-fired power plant pay $375,000 for damage that flying dust, debris and shock waves did to a neighboring property, according to a lawsuit filed in state court.

  • May 15, 2025

    AI Startup Perplexity Seeks $14B Valuation, And More Rumors

    Perplexity is in talks for a new funding round that would value the artificial intelligence startup at $14 billion, OpenAI is reworking a multibillion-dollar agreement with Microsoft Corp. in order to free up its plans for an initial public offering, and Dutch power grid operator TenneT is considering selling a stake in its German division for up to $13 billion.

  • May 15, 2025

    Senate Confirms Trump's Pick For EPA General Counsel

    The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.

  • May 15, 2025

    NC Furniture Maker Gets Pretrial Win On Helene Coverage

    A federal judge gave a North Carolina furniture manufacturer a pretrial win in its suit seeking Hurricane Helene coverage from Fireman's Fund Insurance Co., ruling that the policy at issue had an exclusion for flood damages but that the exclusion had a carve-out for "named storms."

  • May 14, 2025

    Tree Removal Is Major Cost Of PacifiCorp Damage, Jury Told

    Jurors in the latest wildfire damages trial against PacifiCorp heard Wednesday from an expert forester who testified that one of the affected properties needs over $1.5 million in tree removal and replacement services, but admitted he did not actually visit the property.

  • May 14, 2025

    Labor Groups Sue HHS Over Workplace Safety Agency Cuts

    Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.

  • May 14, 2025

    5th Circ. Declines To Rehear SEC's Kroger Proxy Decision

    The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.

  • May 14, 2025

    Interior Policy Aims To Shorten Oil And Gas Leasing Reviews

    The U.S. Department of the Interior has unveiled a new policy that attempts to speed up oil and gas leasing on public lands by cutting the amount of time spent reviewing the suitability of potential leasing areas.

  • May 14, 2025

    House Panel To Fold $3.8T Tax Overhaul Into Budget Package

    The House Budget Committee has scheduled a vote Friday on legislation that would combine the House Ways and Means Committee's $3.8 trillion tax bill with the work of other House committees as part of the fiscal 2025 budget reconciliation bill. 

  • May 14, 2025

    Abbott Signs Bill Codifying Immunity For Corporate Execs

    Texas Gov. Greg Abbott on Wednesday signed into state law a corporate reform bill that codifies the "business judgment rule," which provides immunity for corporate directors from personal liability for company decisions.

  • May 14, 2025

    Fla. Court Won't Let State High Court Weigh Taking Query

    An en banc Florida appellate court on Wednesday refused to certify the city of Marathon's question about a factor for determining whether a taking happened to the state's high court.

  • May 14, 2025

    Ohio Water Utility Sues Chem Cos. Over PFAS Cleanup

    An Ohio water utility has said some makers of fire fighting foam that contain so-called forever chemicals have known since the 1960s that the chemicals would contaminate soil and water but continued to sell the foam regardless, according to a suit filed against a dozen companies.

Expert Analysis

  • High Court Water Permit Ruling Lacks Specificity

    Author Photo

    The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.

  • The PFAS Causation Question Is Far From Settled

    Author Photo

    In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Âé¶¹´«Ã½.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Âé¶¹´«Ã½yer

    Author Photo

    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • 3 Del. Bankruptcy Cases Highlight US Trustee Objections

    Author Photo

    As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.

  • Series

    Adapting To Private Practice: From SEC To BigÂé¶¹´«Ã½

    Author Photo

    As I adjusted to the multifaceted workflow of a BigÂé¶¹´«Ã½ firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands

    Author Photo

    The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.

  • Making The Case For Rest In The Legal Profession

    Author Photo

    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

    Author Photo

    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Cleanup Claim Characterization Key For Timeliness Inquiry

    Author Photo

    The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

    Author Photo

    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • How To Create A Unique Jury Profile For Every Case

    Author Photo

    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

    Author Photo

    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • CO2 Oil Recovery Vs. Carbon Capture: Key Legal Differences

    Author Photo

    As more states seek primacy over carbon capture and storage wells, it is increasingly important for companies to understand the regulations surrounding CCS, and how they differ from the arguably less complex legal framework for the closely related technology of carbon dioxide-enhanced oil recovery, says Sarah Milocco at Husch Blackwell.

  • Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'

    Author Photo

    U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.

  • Navigating The Uncertain Future Of The Superfund PFAS Rule

    Author Photo

    The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.

Want to publish in Âé¶¹´«Ã½360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Environmental archive.
Hello! I'm Âé¶¹´«Ã½360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!