Environmental

  • December 04, 2024

    Ex-Worker Says Contractor Fired Him Over Religious Needs

    An electric vehicle charging station contractor was sued in Georgia federal court by a former employee who alleged he was fired for utilizing a religious accommodation that allowed him to leave work early on Fridays to observe the Jewish Sabbath.

  • December 04, 2024

    Hoopa Valley Tribe Wants In On Trinity River Water Row

    The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.

  • December 04, 2024

    Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal

    A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.

  • December 04, 2024

    EPA Finalizes Changes To Chemical Review Process

    The U.S. Environmental Protection Agency on Wednesday finalized a rule to improve the efficiency of its new chemical review process that also makes per- and polyfluoroalkyl substances, also known as "forever chemicals," ineligible for exemptions that allow for shorter, less robust chemical reviews.

  • December 04, 2024

    Del. Justices Skeptical $2.4B SPAC Deal Misled Investors

    Delaware Supreme Court justices pressed a stockholder attorney on Wednesday to explain how the blank-check company that took electric vehicle venture Canoo Holdings Ltd. public in a $2.4 billion deal breached its duties by failing to reveal information it purportedly had yet to receive.

  • December 04, 2024

    Treasury Finalizes Broad Energy Investment Tax Credit Regs

    The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.

  • December 04, 2024

    Ethylene Oxide Suits Sent Back To Ill. State Court

    An Illinois federal judge said Tuesday that lawsuits accusing several companies of polluting the air with ethylene oxide were improperly removed to federal court, despite a state judge's statement that two defendants reaching settlements was cause for removal.

  • December 04, 2024

    DuPont Asks Court For Pause In $1 Billion Pollution Suit

    Chemours and E.I. du Pont de Nemours urged a New Jersey state court to pause a small town's billion-dollar lawsuit over pollution from the former DuPont Chambers Works facility in order to appeal a recent ruling, arguing clarity from the Appellate Division is necessary.

  • December 03, 2024

    Investor Attys Seek $6.6M Cut Of $20M Metal Price-Fixing Deal

    Attorneys for investors settling platinum and palladium price-fixing claims against Goldman Sachs and others for $20 million have asked a New York federal judge to award them fees equivalent to a third of the settlement amount, or more than $6.6 million, a below-lodestar request that they said is, "clearly, not a windfall situation."

  • December 03, 2024

    Feds, Nuke Storage Co. Ask Justices To Nix Bar On Waste Site

    The U.S. Nuclear Regulatory Commission and Interim Storage Partners LLC are urging the U.S. Supreme Court to reverse a Fifth Circuit ruling barring a license for the company to temporarily store spent nuclear fuel at a site in Texas's Permian Basin.

  • December 03, 2024

    Ex-Braves Blast Tax Court's 'Disregard' In Easement Fight

    Two former Atlanta Braves players penalized for allegedly overstating the value of a conservation easement donation urged the Eleventh Circuit to toss the costly ruling against them, saying the U.S. Tax Court's decision showed "blatant disregard" for the appeal court's precedent in deciding the matter.

  • December 03, 2024

    ND Calls Tribes' Bid For Riverbed Mineral Rights 'Irrational'

    North Dakota has hit back against the Mandan, Hidatsa and Arikara Nation's attempt to win a federal court declaration that it owns mineral rights beneath a portion of the Missouri River, arguing that the three tribes' claim of riverbed ownership is "irrational."

  • December 03, 2024

    ​​​​​​​Trump-Era Rule On Genetically Engineered Crops Tossed

    A California federal judge on Monday vacated a 2020 Trump-era rule that a group of agricultural and environmental organizations alleged significantly reduced government oversight over genetically engineered crops, grasses and trees, granting the groups a partial summary judgment win due to the U.S. Department of Agriculture's inadequate explanations for the rule.

  • December 03, 2024

    5th Circ. Judge Doubts Deepwater Horizon Claims Can Survive

    A Fifth Circuit judge on Tuesday questioned whether cleanup workers' claims following the 2010 Deepwater Horizon oil spill can survive in the face of a demanding evidence standard adopted from toxic tort cases.

  • December 03, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.

  • December 03, 2024

    MTA, NY Officials Rip Bid To Block Revised Congestion Pricing

    New York officials have told a federal judge that residents, truckers and community groups cannot sideline Manhattan's recently resurrected congestion pricing, saying there's zero merit to the plaintiffs' claims that they'd be irreparably harmed by allegedly unconstitutional and discriminatory tolls.

  • December 03, 2024

    Judge Says ND Can Intervene In Dakota Access Pipeline Row

    The state of North Dakota can back the federal government in a challenge by the Standing Rock Sioux Tribe over the Dakota Access Pipeline, a federal district court judge said, after the state argued that a shutdown would substantially impact its economy and undermine its sovereign interests.

  • December 03, 2024

    Willkie Adds Litigation Heavyweight, Energy Expert In DC

    Willkie Farr & Gallagher LLP announced Tuesday that it has brought on two Washington, D.C., partners — a new chair for its regulatory litigation practice group who joined from King & Spalding LLP and an energy-focused finance attorney who joined from Greenberg Traurig LLP.

  • December 03, 2024

    Trump Pledges To Block $14.9B US Steel-Nippon Deal

    President-elect Donald Trump has reiterated his opposition to the proposed $14.9 billion acquisition of Pennsylvania-based U.S. Steel by Japan's Nippon Steel, pledging on Truth Social to block the deal and virtually extinguishing any remaining glimmers of hope that it can get done.

  • December 02, 2024

    DC Circ. Asked To Spike 'Dangerous' NEPA Regulatons Ruling

    Environmental groups are asking the D.C. Circuit to overturn a panel's "demonstrably dangerous" ruling that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act.

  • December 02, 2024

    Newsom Wants $25M For Expected Legal Fights With Trump

    California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.

  • December 02, 2024

    Insurer Says Telecom Co. Can't Ax Marshall Fire Coverage Suit

    Liberty Mutual urged a Colorado federal court to allow it to proceed with a lawsuit against a Lumen Technologies subsidiary over coverage for underlying litigation linking the 2021 Marshall Fire to an unmoored telecommunications line, arguing that the insurer had clear standing to bring the suit.

  • December 02, 2024

    EPA Pitches Partial Ban On Food Crop Pesticide Chlorpyrifos

    The U.S. Environmental Protection Agency announced Monday it is proposing a rule to revoke tolerances over the use of chlorpyrifos on foods, a year after the Eighth Circuit said the agency hurriedly instituted a ban and didn't fulsomely consider the possibility of allowing some beneficial uses to continue.

  • December 02, 2024

    Green Group Urges Justices To Save Wash. Port CWA Ruling

    A Washington state environmental group is urging the U.S. Supreme Court not to disturb a Ninth Circuit ruling that protects its right to sue over pollution discharges under the citizen enforcement provision of the Clean Water Act.

  • December 02, 2024

    Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims

    The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

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