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Environmental
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November 20, 2024
FERC Says There's No Need To Ref Mich. Grid Upgrade Fight
The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.
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November 20, 2024
Split Ohio Supreme Court OKs Power Co.'s Herbicide Use
The Ohio Supreme Court on Wednesday reversed an early win for landowners in a case against Ohio Edison Co. that had sought to stop the company from using herbicide on their property to clear space for power lines.
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November 20, 2024
11th Circ. Told Everglades Project Will Reduce Water Supplies
Several Florida sugar growers urged the Eleventh Circuit Wednesday to reverse a decision allowing an Everglades flood control project to proceed, saying a lower court wrongly accepted a U.S. Army Corps of Engineers impact analysis that will result in water supply loss to the surrounding area.
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November 20, 2024
Texas Offers Up Land To Help Trump's Mass Deportation Plan
The Texas General Land Office is offering up 1,400 acres of ranch land near the U.S.-Mexico border to the incoming Trump administration to construct deportation facilities to support the president-elect's plan for mass removals.
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November 20, 2024
FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told
The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.
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November 20, 2024
3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims
A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.
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November 20, 2024
Bill Aimed At Creating Ga.'s First National Park Moves Ahead
The U.S. Senate Committee on Energy and Natural Resources voted Tuesday to advance a bill that would establish Georgia's first national park, upgrading the ancestral home of the Muscogee (Creek) Nation of Oklahoma from its national monument status while also offering protections for Native American burial mounds.
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November 19, 2024
Monsanto's Bid To Pause PCB Trial Again Shot Down
A Washington state appellate commissioner on Friday again refused to undo a trial court's decision not to pause a chemical poisoning tort trial playing out in Seattle, rejecting Monsanto's contention that the court committed "obvious error" in letting the trial proceed while the state's highest court decides a similar case.
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
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November 19, 2024
Wash. Tribe Looks To Ax Wildlife Refuge Protection Suit
A Washington state tribe is looking to dismiss a challenge by three environmental groups to the federal government for failing to protect a national wildlife refuge from an industrial aquaculture operation, arguing that the true purpose of the case is to restrict its members from farming in their historic homeland.
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
Neb. AG Expands Electric Trucks Fight To Volvo, Daimler
However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.
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November 19, 2024
Feds Defend BLM Authority In States' Methane Rule Challenge
The Biden administration has urged a North Dakota federal court to grant it a summary judgment win in five states' lawsuit challenging a new rule aimed at cracking down on natural gas waste, defending the rule's creation as being well within the Bureau of Land Management's statutory authority.
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November 19, 2024
Fish & Wildlife Settles Claims It Polluted Property
The U.S. Fish and Wildlife Service has settled a lawsuit alleging its disposal of large quantities of a chemical pesticide contaminated a property near Lake Michigan, the federal government has said, months after the Civilian Board of Contract Appeals ruled the government was liable for the property's diminished value.
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November 19, 2024
After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2
Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.
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November 19, 2024
Condo Says Insurer Underpaid By $19M After Hurricane Ian
A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.
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November 19, 2024
LA Waterkeeper Sues Union Pacific Over Pollution Controls
The Los Angeles Waterkeeper slapped Union Pacific Railroad Co. with a complaint in California federal court, alleging the company's failure to implement pollution controls at four industrial facilities has led to hazardous discharges of heavy metals and oils into the San Jose Creek, San Gabriel River and other bodies of water.
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November 19, 2024
Ga. Panel Says 190-Year-Old Marshland Grant Is Valid
A Georgia appellate court has sided with a company seeking to retain ownership of 1,000 acres of Georgia coastal marshland by using an 1834 document in which the state granted the land to the company's predecessor-in-title.
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November 19, 2024
Utah Counties, Feds Ask Justices To Restore Rail Oil Project
Utah counties and the federal government fired back at a Colorado county's attempt to affirm a D.C. Circuit ruling that overturned federal approval of a rail project intended to haul crude oil out of Utah's Uinta Basin, telling the U.S. Supreme Court in separate briefs the county's understanding of the National Environmental Policy Act is incorrect.
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November 19, 2024
Unjust PJM Power Auction Rules Must Be Redone, FERC Told
State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.
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November 19, 2024
Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs
The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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November 18, 2024
Trump Taps Fox Host Sean Duffy For Transportation Secretary
President-elect Donald Trump announced Monday he will nominate former Wisconsin congressman and Fox Business host Sean Duffy to serve as head of the U.S. Department of Transportation.
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November 18, 2024
3M Can't Add DuPont, Others To PFAS Water RICO Fight
A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.
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November 18, 2024
Enviros Sue Feds Over CSX Railroad Rebuild In River Gorge
Environmental groups slammed three federal agencies for allowing CSX Transportation to conduct "unmitigated, extremely damaging railroad construction work" in Tennessee's Nolichucky River Gorge after Hurricane Helene caused catastrophic damage, in a complaint filed Monday in North Carolina federal court.
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November 18, 2024
Trump DOE Pick Signals Funding Flux For Clean Energy Cos.
President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.
Expert Analysis
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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New Law May Move Calif. Toward Fashion Sustainability
California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.