Law360: Environmental /environmental?utm_source=rss&utm_medium=rss&utm_campaign=section Latest articles for: Environmental Copyright 2025 sa¹ú¼Ê´«Ã½. en-US Fri, 05 Dec 2025 21:53:02 +0000 Fed. Circ. Questions Whether Ingevity Can Duck $85M Verdict /environmental/articles/2418706?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418706 The Federal Circuit spent Friday morning debating whether Ingevity Corp.'s argument that it should be immune from an $85 million antitrust verdict holds water because the chemical and carbon product maker thought it was enforcing its patent rights, even though the jury said it was illegal tying. Fri, 05 Dec 2025 20:01:25 +0000 Ex-Derailment Deal Admin Faces Irked Judge In Contempt Bid /environmental/articles/2418857?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418857 The ex-administrator of Norfolk Southern's $600 million settlement over the East Palestine, Ohio, derailment met skepticism as it admitted to a federal judge Friday that it had made some mistakes in distributing funds, but denied class counsel's key contention that $120 million for personal injury claims had to be divided evenly among all the claimants. Fri, 05 Dec 2025 19:20:24 +0000 Nuclear Waste Storage Worries Too Hypothetical, Justices Told /environmental/articles/2418362?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418362 A company licensed to temporarily store nuclear waste urged the U.S. Supreme Court to reject a challenge to a condition in its license application to contract with the U.S. Department of Energy once Congress allows it. Fri, 05 Dec 2025 18:57:16 +0000 6th Circ. Partially Overturns EPA's Detroit Ozone Ruling /environmental/articles/2418962?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418962 The Sixth Circuit reversed a U.S. Environmental Protection Agency determination that the Detroit area meets federal air quality standards, ruling Friday that the state of Michigan failed to implement federally required air pollution controls. Fri, 05 Dec 2025 17:54:54 +0000 Jet Fuel Leak Sparks $2M Suit Against Air Force /environmental/articles/2418847?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418847 A California general contractor hired to perform drainage work at Travis Air Force Base is seeking $2.17 million over the alleged retaliatory termination of its contract after the business reported the military's discharge of jet fuel into Union Creek. Fri, 05 Dec 2025 17:06:13 +0000 Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case /environmental/articles/2418652?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418652 The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states. Fri, 05 Dec 2025 16:58:50 +0000 Berry Grower Sues Norfolk Southern Over Drifting Weed Killer /environmental/articles/2418655?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418655 Toxic herbicides sprayed along sections of Norfolk Southern Railroad Co. track in Georgia are drifting into a commercial blueberry grower's adjacent property and damaging its crops, the grower said in a new federal suit.  Fri, 05 Dec 2025 16:41:14 +0000 Legislation Targets Reversal Of Oak Flat Land Transfer In Ariz. /environmental/articles/2418735?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418735 An Arizona congressional representative is carrying on her father's initiative to repeal a 2014 National Defense Authorization Act rider that transfers more than 2,422 acres to a copper mining company while litigation to block the move continues to play out in the Ninth Circuit. Fri, 05 Dec 2025 16:38:27 +0000 Categorical Exclusions Bring New NEPA Litigation Risks /environmental/articles/2418441?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418441 With recent court rulings and executive actions shifting regulatory frameworks around the National Environmental Protection Act — especially regarding the establishment, adoption and use of categorical exclusions to expedite projects — developers must carefully evaluate the risks presented by this altered and uncertain legal landscape, says Stacey Bosshardt at Greenberg Traurig. Fri, 05 Dec 2025 16:34:02 +0000 US Magnesium Creditors Again Ask Judge To Nix Ch. 11 Loan /environmental/articles/2418695?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418695 US Magnesium's unsecured creditors committee has once again urged a Delaware bankruptcy judge not to give final approval to the former magnesium producer's $10 million Chapter 11 loan, saying it only benefits US Magnesium's secured lenders and parent company. Fri, 05 Dec 2025 14:58:47 +0000 Calif. Tribal Water Rights Bill Seeks $500M Fund Approval /environmental/articles/2417383?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2417383 California tribal members and two of the state's water management agencies are urging Congress to pass a bill that would establish a $500 million trust fund and transfer 2,742 acres of Bureau of Land Management property as part of a settlement agreement following more than a decade of litigation. Fri, 05 Dec 2025 13:46:48 +0000 Holland & Knight Adds Ex-House Speaker's Adviser In DC /environmental/articles/2418129?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418129 Holland & Knight LLP has added the former senior policy adviser and counsel to Speaker of the House Mike Johnson, R-La., as a public policy and regulation practice group partner. Fri, 05 Dec 2025 11:02:36 +0000 10 Commandments For Agentic AI Tools In The Legal Industry /environmental/articles/2415433?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2415433 Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP. Thu, 04 Dec 2025 21:47:42 +0000 DC Circ. Wary Of Russia's Immunity Claim In $250M Award Fight /environmental/articles/2417398?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2417398 A D.C. Circuit panel expressed skepticism during oral arguments Thursday that Russia can avoid paying more than $250 million in arbitral awards owed to Ukrainian power and gas companies after the seizing of Crimea based on an argument that an exception to sovereign immunity doesn't apply. Thu, 04 Dec 2025 19:04:21 +0000 9th Circ. Says Species' Competing Interests Impact ESA Cases /environmental/articles/2417822?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2417822 The Ninth Circuit has ruled that when a court-ordered injunction would protect one animal or plant covered by the Endangered Species Act but harm another, the court must weigh their "competing" interests before taking action. Thu, 04 Dec 2025 17:03:44 +0000 US, Tribes Ask High Court To Uphold Michigan Fishing Pact /environmental/articles/2417878?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2417878 Four Michigan tribes and the federal government are asking the U.S. Supreme Court to reject a petition by the Sault Ste. Marie Tribe of Chippewa Indians to overturn a decision to uphold a 2023 Great Lakes fishing compact, telling the justices that the case is not "the stuff of certiorari." Thu, 04 Dec 2025 16:03:39 +0000 MVP: Sidley's Justin Savage /environmental/articles/2411086?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2411086 Sidley Austin LLP partner and environmental practice group co-leader Justin Savage's recent accomplishments include the pro bono defense of a client accused by the federal government of installing devices in vehicles meant to defeat emission control laws and helping an Ohio petroleum refiner resolve pollution allegations, earning him a spot among the 2025 Law360 Environmental MVPs. Thu, 04 Dec 2025 15:54:04 +0000 California Vapor Intrusion Policy Should Focus On Site Risks /environmental/articles/2417346?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2417346 As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown. Thu, 04 Dec 2025 14:50:19 +0000 Environmental Groups Sue EPA Over Methane Rule Delay /environmental/articles/2418207?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418207 Environmental groups are challenging a final rule the U.S. Environmental Protection Agency published Wednesday to extend a number of compliance deadlines for methane pollution control requirements, calling it an unlawful handout for oil and gas companies. Thu, 04 Dec 2025 11:18:02 +0000 KKR-Led Group Sells Stake In Tokyo Hotel, Plus More Rumors /environmental/articles/2418153?utm_source=rss&utm_medium=rss&utm_campaign=section /environmental/articles/2418153 A group led by private equity behemoth KKR sold its stake in a luxury Tokyo hotel for $800 million, Blackstone is considering dropping its bid for British self-storage company Big Yellow Group, and Australian metals and mining company BHP Group offered to buy British mining company Anglo American for £40 billion ($53 billion) before nixing its offer.