A pillar of environmental enforcement is targeted by Trump

Law Firm News 2026/08/09 10:15   Bookmark and Share

Right-leaning legal activists along with Elon Musk’s artificial intelligence company have brought sweeping challenges against a cornerstone of legal enforcement in the United States: the right of private groups, people and local governments to sue over violations of many major laws.

Their argument, supported by the Trump administration, is that the Constitution reserves tremendous power for the president and federal agencies to decide how — or whether at all — to enforce federal law. They contend Congress should never have handed that power to others through so-called citizen suits that are part of environmental, campaign finance and certain other laws.

Environmentalists say it would be devastating to lose this essential, decades-old tool that is used to impose fines and halt lawbreaking by bad actors. Citizen suits, for example, have extracted millions from heavily polluting oil and gas operations, and ensured that lead pipes in Flint, Michigan, would be removed after its water crisis.

Legal experts say four pending federal cases — one of them filed last week — are moving forward at a time when the conservative majority on the Supreme Court gives opponents of citizen suits a greater chance than ever of success. The hard part for those opponents now is winning early federal cases and creating disagreement between the country’s appeals courts, which may help convince the Supreme Court the issue is important enough for a nationwide ruling.

Back in 2000, a Supreme Court opinion opened the door for that possibility.

“Many of us who worked in this area have been waiting basically 26 years for this shoe to drop,” said Richard Lazarus, a Harvard professor with decades of experience in environmental law.

Lazarus was referring to former moderate Justice Anthony Kennedy’s comments in a Clean Water Act case that citizen suits raised “difficult and fundamental” questions about whether they improperly dilute executive power. The late conservative Justice Antonin Scalia wrote in a dissenting opinion in the same case that citizen suits turn “over to private citizens the function of enforcing the law.” He avoided explicitly saying they were constitutional.

“The court is more like Scalia’s court since he died than it ever was when he was there,” said Lazarus.

He observed that those who lost cases where Scalia dissented are rushing back to today’s court hoping for a more favorable result.

The critical issue for citizen suits is who — the government or private citizens — collects fines and has control. A person filing a citizen suit must tell the government ahead of time. The government can stop the suit if it sufficiently pursues the case itself, but its options are limited and the person suing can stay involved. Citizen suits can force compliance with the law and result in fines, which go to the U.S. Treasury.

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25 states sue over Trump’s new tariffs, calling them ‘pretext’ to replace his old ones

Law Firm News 2026/08/05 07:34   Bookmark and Share

Twenty-five states sued the Trump administration Monday over its latest tariffs, calling them a pretext for replacing import taxes the Supreme Court struck down in February.

The United States last month imposed double-digit tariffs on 59 countries and the European Union, charging that they had not done enough to crack down on imports produced by forced labor. The new tariffs took effect just as the clock ran out on temporary tariffs President Donald Trump had turned to after the Supreme Court defeat.

“After losing at the Supreme Court, the administration is once again trying to illegally raise taxes on families and businesses with a new round of tariffs,” said New York Attorney General Letitia James.

Joining New York in the lawsuit announced Monday are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, Washington and Wisconsin.

Trump, who argues that high tariffs will revive American manufacturing, last year overturned decades of U.S. policy that favored lower tariffs and ever-freer trade. Invoking the 1977 International Emergency Economic Powers Act, or IEEPA, he imposed double-digit tariffs on imports from almost every country, saying America’s longstanding trade deficit amounted to a national emergency.

But the Supreme Court ruled that IEEPA did not authorize tariffs. The decision forced the administration to send refunds to importers who’d paid the tariffs. Eager to make up the lost revenue, Trump turned to temporary 10% worldwide tariffs. But they expired at midnight July 24.

Now he’s tapping more durable tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose import taxes and other sanctions against countries found to engage in unfair trade practices. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.

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Trump fires new US attorney in Seattle an hour after federal judges appoint him

Law Firm News/Illinois 2026/07/22 07:09   Bookmark and Share

Donald Trump fired the new top federal prosecutor in Seattle on Wednesday less than an hour after the attorney was unanimously appointed by the federal judges in the district, highlighting tensions between the courts and the president over the powerful positions.

Roger Rogoff, a former judge and veteran state and federal prosecutor, was sworn in as US attorney before 8am at the US courthouse in downtown Seattle. In a phone interview, he said he then went to the US attorney's office and asked to meet with Charles Neil Floyd, whose 120-day interim term in the position ended in February.

As he waited in a lobby, Rogoff said, he received an email from the Trump administration informing him he had been removed from the position. He is consulting with other lawyers about suing over his firing, he said.

Presidents normally appoint US attorneys, the top federal prosecutors in each judicial district. The positions require Senate confirmation, except in temporary appointments. When temporary appointments expire before a nominee is confirmed, the judges in a judicial district can name a US attorney.

But under Trump, the justice department has sought to leave unconfirmed prosecutors in their positions indefinitely, often through novel personnel maneuvers.

"District court judges can appoint a temporary US attorney, and [the president] can fire them," the acting US attorney general, Todd Blanche, said in a social media post on Wednesday. He added that the judges who appointed Rogoff "abandoned the time-honored process of consultation with the administration so that the selected US attorney is qualified to serve in the administration".

Trump named Floyd, who previously served as an immigration judge, interim US attorney last October but never forwarded his nomination to the Senate. When Floyd's time as interim US attorney expired, Trump simply shifted his title, a tactic the administration has also tried in other federal judicial districts: he named him first assistant US attorney, while the top post was left empty.

In May, a US appeals court panel expressed skepticism that the maneuver was legal. The federal judges in the city decided to take applications for the position, and they appointed a bipartisan panel to review the applications.

On Wednesday morning the court – comprising 17 active and senior judges appointed by five presidents – issued its unanimous order naming Rogoff the US attorney for western Washington.

Patty Murray, a US senator from Washington, who had opposed Floyd for the US attorney job, blasted Rogoff's quick firing.

"Throughout his career, he has demonstrated an outstanding commitment to public service, and he was appointed legally by the federal judges in the western district of Washington," the senator said in a written statement. "This administration doesn't want to deal with advice and consent – they just want to install cronies to carry out a corrupt political agenda."

In December, Alina Habba resigned as the top federal prosecutor for New Jersey after an appeals court said she had been serving in the post unlawfully.

Lindsey Halligan, who pursued indictments against a pair of Trump's adversaries, left her position as an acting US attorney in Virginia after a judge concluded her appointment was unlawful and that indictments she brought against the New York attorney general, Letitia James, and the former FBI director James Comey must be dismissed.

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Lawmakers cast doubt on Kathryn Ruemmler's testimony about Epstein ties

Law Firm News/Mississippi 2026/07/18 07:41   Bookmark and Share

Lawmakers said Kathryn Ruemmler, the former top lawyer at Goldman Sachs and White House counsel to President Barack Obama, was not being truthful Wednesday about her relationship with Jeffrey Epstein, rejecting her testimony that Epstein had merely "used" her.

Ruemmler in her opening remarks told members of the House Oversight Committee that "it was a mistake to deal with" Epstein, but she insisted she never witnessed criminal activity. She said Epstein "used me and other respectable people to legitimize his standing."

Democrats emerged from questioning Ruemmler saying she was not being forthcoming about her ties to Epstein.

"It is difficult to see how she's being completely truthful in there with the answers she's given the committee," Rep. Robert Garcia of California, the top Democrat on the committee, told reporters.

Jennifer Connelly, a spokeswoman for Ruemmler, said in response that Ruemmler had "testified openly and truthfully for six hours and answered every question the committee asked."

Ruemmler is the latest prominent figure called before the House Oversight Committee as lawmakers investigate the network of powerful people connected with Epstein. The bipartisan inquiry has already included testimony from more than a dozen high-profile witnesses, including Microsoft co-founder Bill Gates and former President Bill Clinton, as lawmakers examine how Epstein's wealth and influence may have helped shield him from scrutiny.

Ruemmler served as White House counsel under Obama from 2011 to 2014 and was briefly considered for attorney general. She served as Goldman Sachs' general counsel for six years before announcing in February that she would step down amid backlash over her correspondence with Epstein. Although she said she would step down on June 30, she remains employed by Goldman Sachs.

Lawmakers have focused on Ruemmler's close relationship with Epstein in the final years of his life, pointing to affectionate communications between the two.

"For her to deny that there was any type of real relationship there, I just don't buy it," Garcia said. "And so, again, the fact she is not under oath is very problematic."

While Ruemmler has tried to downplay their relationship in more recent statements, thousands of documents released by the Justice Department showed that Ruemmler and Epstein had an extensive relationship. The files included personal emails, social plans and gifts that extended beyond formal legal work. Documents showed she had called Epstein "Uncle Jeffrey" in emails and said she adored him.

Ruemmler said in her opening remarks that she first met Epstein in 2014 regarding potentially working with him and Gates "to set up a large donor-advised fund." Soon after, according to Ruemmler, she learned about Epstein's 2008 conviction on sex crimes, when he became a registered sex offender.

She said Epstein expressed remorse about it, and that he did not know the women were underaged. She said she "relied on the resolution reached by federal and state prosecutors and validated by a judge as being a proportionate and final resolution of his criminal conduct."

Comer said Wednesday that Ruemmler is the 18th person to testify as part of their broader investigation.

Billionaire investor Leon Black was subpoenaed last month after lawmakers said he refused to answer some questions about his yearslong relationship with Epstein.

Comer said Wednesday that Black will appear for a formal deposition on Sept. 3 but that he expects to have Black's nondisclosure agreements by "the end of the week."

The committee has also expressed interest in questioning acting Attorney General Todd Blanche, whose nomination to permanently lead the Justice Department is pending before the Senate.

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Appeals court ends a decades-old school desegregation order in Louisiana

Law Firm News/South Carolina 2026/07/15 07:01   Bookmark and Share

A federal appeals court on Tuesday ended more than 60 years of federal oversight of a Louisiana school system that had been ordered to eradicate segregation.

The 5th U.S. Circuit Court of Appeals lifted a decades-old desegregation mandate for the Concordia Parish School Board, handing a victory to President Donald Trump's administration, which has pushed to end the court-ordered plans. The school system has been a focal point in the administration's attempt to end legal cases dating to the Civil Rights era.

The U.S. Justice Department spent decades fighting for such cases but reversed course under Trump. Officials in his administration have framed the remaining segregation orders as federal intrusion into local school systems. Louisiana officials agree they're no longer needed and describe them as relics of a time when Black students were once forbidden from attending some schools.

"The good people of Concordia Parish elected their school board to govern their schools — not unelected federal judges," Louisiana Attorney General Liz Murrill said in announcing the ruling. "Today's decision puts that authority back where it belongs."

Members of the Concordia Parish School Board did not immediately respond Tuesday to emails seeking comment.

Families who brought the suit are no longer involved.

The Concordia Parish case dates to 1965, when the area was segregated and home to a violent offshoot of the Ku Klux Klan. Black families in Ferriday, a town on the central-eastern border of Louisiana, sued for access to all-white schools, and the federal government intervened. As the district integrated its schools, many white families fled Ferriday.

The district's schools came to reflect the demographics of their surrounding areas. Ferriday is still mostly Black and low-income, while neighboring Vidalia is mostly white and takes in tax revenue from a hydroelectric plant.

Some parents and civil rights groups have argued that desegregation orders remain important tools to address vestiges of segregation such as racial disparities in student discipline, academic programs and teacher hiring.

The Concordia Parish order was used to force a mostly white charter school that opened in 2013 to prioritize Black students and create a more integrated student body.

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New York Times reporters are subpoenaed after Air Force One stories

Law Firm News/Virginia 2026/07/11 09:34   Bookmark and Share

The Department of Justice has subpoenaed New York Times journalists after they reported on security concerns involving the new, Qatari-gifted Air Force One, marking a dramatic escalation of President Donald Trump's campaign against the media that has drawn condemnation for eroding a fundamental freedom of American democracy.

The new jet, a present from the U.S. ally that the administration spent $400 million on to retrofit and upgrade, entered service last week. But Trump used an older model Air Force One jet to leave a NATO summit in Turkey and later referenced threats against him made by Iran.

The subpoenas seek to force the reporters to testify before a federal grand jury in Manhattan next week, the Times said, adding that federal agents delivered some subpoenas to the reporters at their homes. The subpoenas were issued after FBI Director Kash Patel and other Justice Department officials met at the White House on Friday to talk about the matter, according to a person familiar with the discussions who was not authorized to discuss the issue publicly and spoke on the condition of anonymity.

The Times journalists who received subpoenas included Julian E. Barnes, Eric Lipton, Tyler Pager and Eric Schmitt, the Times reported.

"The appearance of federal law enforcement agents on the doorstep of news reporters should shock the conscience of any American who believes in the Constitution and the press freedom it protects," David McCraw, a lawyer for the Times, said in a statement.

Bruce D. Brown, president of the Reporters Committee for Freedom of the Press, said Trump's "war on the press is looking for another victim."

He said in a statement that the subpoenas "break from longstanding Justice Department practice to protect the public interest and press independence by requiring prosecutors to only seek information from reporters as a last resort when all other avenues have been exhausted."

The department said that "to be clear, reporters are not the targets, those leaking classified information are."

Its statement said "we value and appreciate the important role that the press plays in this country, but DOJ also plays an important role to make sure that the people entrusted with our nation's secrets do what they're supposed to do with that information, which means not sharing classified information."

While recognizing "there may always be natural tension there," the department said "we are not going to ignore the law and stop investigating the people who work in the administration and think it's okay to leak classified information impacting national security."

Issuing subpoenas represents further ramping up of Trump's effort to threaten independent news organizations by leveraging the power of the federal government against them. It is also part of a systematic pattern by the Republican president to attempt to undermine press freedom in order to shield him from negative coverage.

Earlier this year, the Justice Department issued subpoenas seeking to compel testimony from reporters at The Washington Post and The Wall Street Journal. In both cases, the department later withdrew the subpoenas, though.

In January, FBI agents searched the home of Washington Post reporter Hannah Natanson, who has been covering Trump's transformation of the federal government, as part of a leak investigation into a Pentagon contractor accused of taking home classified information.

During his first term, Trump suggested that the press constituted an "enemy" of the American people. Since returning to the White House last year, he has waged an aggressive campaign against the media unlike any in modern U.S. history.

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