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Environmental
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November 26, 2024
EPA Overstepped With Methane Control Rule, DC Circ. Told
The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.
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November 26, 2024
Illinois Landowners Blast FERC Moves On $7B Power Line
The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.
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November 26, 2024
Chemical Co. Demands Defense Coverage In PFAS Foam MDL
Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.
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November 26, 2024
River Group Sues Pa. Silver Refiner Over Water Pollution
A Delaware River advocacy group has filed a Clean Water Act lawsuit against a Pennsylvania silver refinery, alleging the facility has been dumping polluted stormwater into the river.
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November 25, 2024
Swinomish Tribe Wants In On Tidegate Opinion Fight
The Swinomish Indian Tribal Community has asked a Washington federal judge to let it intervene in a lawsuit by a county dike district against a U.S. government biological opinion that finds that a proposed tidegate project endangers salmon.
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November 25, 2024
FHWA Says Rule Doesn't 'Compel' States To Lower Emissions
The Federal Highway Administration defended a new rule calling on states to set targets to reduce greenhouse gas emissions from federally funded highway projects, telling the Fifth Circuit in a Friday brief the rule doesn't actually compel states to lower their emissions.
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November 25, 2024
GATX Rips Norfolk Southern's Bid To Shift Derailment Liability
GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.
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November 25, 2024
Monsanto Attacks 'Frankenstein' Ruling In $185M PCB Verdict
Even though a lower state appellate court upended a $185 million jury verdict in a PCB tort brought by schoolteachers, Monsanto says Washington's high court should reject the part of the ruling that created a "Frankenstein's monster" that could let the teachers get around the state's ban on punitive damages in product liability cases by relying on Missouri law.
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November 25, 2024
Calif. Gov. Promises EV Tax Credit If Trump Axes Federal
California Gov. Gavin Newsom on Monday said that he's preparing to save electric vehicle tax credits — at least for residents of his state — if the Trump administration and a Republican Congress eliminate federal ones.
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November 25, 2024
$65M Deal In Texas Drilling Suit Gets Final OK
A Texas federal judge gave the final green light Monday to a $65 million settlement against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Kirkland, Milbank Shape $3.5B Blackstone-EQT Corp. JV
EQT Corp., led by Kirkland & Ellis, will form a $3.5 billion joint venture with Blackstone Credit & Insurance to take over ownership of the Mountain Valley Pipeline and other midstream assets that EQT got in its re-acquisition of Equitrans Midstream, the partners announced Monday.
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November 25, 2024
Kennedys Gets Green Light For Net-Zero Goal
Kennedys said Monday its plan to reach net-zero carbon emissions by 2040 has received approval from a scheme run by a coalition of nonprofit organizations to help businesses set goals and plans to reduce their pollutants.
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November 25, 2024
Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'
Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.
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November 25, 2024
Justices Pass On Ex-Atty's Puerto Rico Bribery Appeal
The U.S. Supreme Court on Monday declined to review the bribery convictions of a former attorney who solicited and accepted payments from an environmental contractor to influence three Puerto Rican mayors and helped the contractor secure government contracts worth millions of dollars.
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November 22, 2024
Trump Makes Picks For FDA, CDC And Surgeon General
President-elect Donald Trump on Friday revealed his nominations for several health agencies, picking Johns Hopkins surgeon and professor Dr. Marty Makary for Food and Drug Administration commissioner, former Rep. Dave Weldon, R-Fla., as the Centers for Disease Control and Prevention director, and Fox News contributor Dr. Janette Nesheiwat for surgeon general.
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November 22, 2024
Pam Bondi's 'Greatest Hits' As Florida Attorney General
In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.
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November 22, 2024
EPA Targets Stationary Combustion Turbine NOx Emissions
The Biden administration isn't letting Donald Trump's presidential election victory block its air pollution agenda, as it proposed a rule Friday that would strengthen limits on emissions of nitrogen oxides from new gas-fired power plants and other sources.
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November 22, 2024
Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed
A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.
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November 22, 2024
New Congress Could Undo Rules On Drinking Water, Methane
A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.
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November 22, 2024
Hunting Groups Sue Colo. Wildlife Regulators Over Editorial
Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.
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November 22, 2024
Manhattan Project Waste Suit Sent Back To Mich. State Court
A Michigan federal judge on Friday remanded back to state court a lawsuit from communities trying to prevent a local landfill company from accepting decades-old radioactive waste from the development of the first atomic bomb, finding a state judge can answer the unsubstantial federal question raised in the case.
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November 22, 2024
Bulgaria Looks To Nix $61M Renewable Energy Award Suit
Bulgaria is urging a D.C. federal court to nix litigation filed by Maltese investor ACF Renewable Energy Ltd. to enforce a €61 million ($63.54 million) arbitral award it won following a dispute over a nixed tariff program, arguing that it never agreed to arbitrate with ACF.
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November 22, 2024
Feds Slam Utah High Court Case Over Fed. Land Ownership
The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.
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November 22, 2024
Port Operators Can't Join Suit Over Delaware River Project
A Pennsylvania federal judge has ruled two terminal companies waited too long to join in on a case that resulted in the revocation of the approval for a new port project on the Delaware River, reasoning that the companies' claim of having a stake in the outcome of the case was untimely.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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How Cos. Should Handle Research Org.'s Carcinogen Evals
In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.