Environmental

Expert Analysis

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• What EPA's Interim PFAS Standards Mean For Water Suppliers

  

  The U.S. Environmental Protection Agency's recent announcement of significantly lower interim health advisory levels for four per- and polyfluoroalkyl substances may mean new obligations for municipal water and wastewater treatment plant operators — but the availability of public funds for controlling PFAS threats is good news, say Timothy Bergère and Zach Beach at Armstrong Teasdale.

• How Cos. Can Prep For Calif. Ban On PFAS In Food Packaging

  

  California’s ban on a group of chemicals known as PFAS is three months away, meaning food packaging and cookware manufacturers have little time to implement the big changes this law requires, lest they face enforcement actions such as injunctive relief and steep civil penalties, say John Epperson and Peter McGaw at Buchalter.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• EPA's Permitting FAQ Goes Beyond The Letter Of The Law

  

  The U.S. Environmental Protection Agency's recent guidance on environmental justice and civil rights in permitting has no legally binding effect, but the question is whether it will have a coercive effect — and if so, to what degree regulatory authorities will feel pressured to adopt the agency's recommendations, say Karen Bennett and Cameron Dorais at Lewis Brisbois.

• 13 Cognitive Distortions That Plague Defense Witnesses

  

  In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.

• How Crypto Miners Can Support A Cleaner Energy System

  

  While cryptocurrency mining uses enormous amounts of energy, the industry is aware of the need to reduce its carbon footprint — and positive practices such as decarbonizing power grids and supporting dispatchable supply can allow it to do so, say Dennis Elsenbeck and David Flynn at Phillips Lytle.

• EPA Microfiber Pollution Report Sets Stage For Regulation

  

  A new U.S. Environmental Protection Agency draft report that cites the textile and fashion industries as the leading sources of microfiber pollution may lay the groundwork for future regulation, making it increasingly important for companies to monitor how the government defines and handles microfibers, say Byron Brown and Preetha Chakrabarti at Crowell & Moring.

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

• 5 Considerations When Seeking Federal EV Funding

  

  A recent White House fact sheet shows how federal efforts to support the full scope of the electric vehicle industry have moved the needle, but some details about how to use those funds are still being ironed out, and there are a few issues to watch, say attorneys at Morgan Lewis.

• What New Bar Exam Means For Law Students And Schools

  

  Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

• Apple's New Messaging Features Will Complicate E-Discovery

  

  Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

• Civil Suit Trends Cos. Can Expect From State AG Enforcement

  

  Companies can prepare for possible future claims from private plaintiffs and manage litigation risks by understanding the priorities and enforcement trends of state attorneys general — from greenwashing to missed commitments on diversity, equity and inclusion, say attorneys at Covington.

• Law Firm Inclusion Efforts Often Overlook Business Staff

  

  Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

• EPA Guidance Signals Greater Enviro Justice Focus In Permits

  

  A list of frequently asked questions recently released by the U.S. Environmental Protection Agency emphasizes environmental justice and civil rights considerations in permitting for a wide range of commercial activities across many industries, and is likely to reverberate loudly in environmental permitting for years to come, say attorneys at King & Spalding.