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Environmental
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January 24, 2025
10 AGs Target Major Banks Over DEI, ESG Initiatives
Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.
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January 24, 2025
Norway's Orkla Selling Hydropower Portfolio In $545M Deal
Norwegian industrial investment company Orkla said Friday it has agreed to sell its entire hydropower portfolio in two separate transactions that value the portfolio at NOK 6.1 billion ($544.9 million).
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January 24, 2025
5th Circ. Won't Remand New Orleans Coastal Damage Suit
A Fifth Circuit panel denied New Orleans' bid to have a lawsuit alleging that Chevron, ExxonMobil and other pipeline companies damaged its coastal areas returned to a Pelican State court, affirming a decision that kept the litigation in federal courts as the companies requested.
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January 24, 2025
FBI 'Bait And Switch' Breached Suspect's Rights, Lawyer Says
FBI agents held an Israeli private investigator accused of hacking climate activists in custody without warning him of his right to remain silent, denying him a fair trial if he is extradited to the U.S., a lawyer testified in London on Friday.
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January 23, 2025
Atty Hit With TCPA Class Action Over Camp Lejeune Calls
A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.
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January 23, 2025
Davis Polk, Skadden Steer LNG Exporter's $1.8B IPO
Liquefied natural gas exporter Venture Global Inc. on Thursday priced an estimated $1.8 billion initial public offering within its downwardly revised range, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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January 23, 2025
NJ Town Loses Bid To Join NYC Congestion Pricing Suit
A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.
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January 23, 2025
Suncor Says Enviro Groups' Suit Duplicates Gov't Enforcement
Suncor USA Inc. told a Colorado federal judge that environmentalists suing it for allegedly violating emissions standards have improperly tied their claims to events that are already resolved or are being investigated by federal and state governments.
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
NC Biogas Co. Sidesteps Sanctions For Now In Lender Fight
A North Carolina Business Court judge held back on sanctioning a biogas company for allegedly violating a court order to pay its lender before pursuing new contracts on a renewable energy project, reasoning that he needs more information about the terms of the agreement to see if a contempt ruling is warranted.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Apple Sued Over Alleged PFAS In Smartwatch Wristbands
Apple Inc. is at least the second smartwatch maker to be hit with a proposed class action lawsuit accusing it of knowingly using toxic forever chemicals in manufacturing the devices' wristbands, according to a complaint filed in California federal court.
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January 22, 2025
Pa. Justices: NGA Doesn't Bar State Board's Permit Reviews
Pennsylvania's Environmental Hearing Board should have heard challenges to state regulators' approval of a natural gas compressor station, not dismissed them for lack of jurisdiction, Pennsylvania justices said Wednesday, ruling that the board's consideration of such disputes is not preempted by the federal Natural Gas Act.
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January 22, 2025
Former Pioneer CEO Sues FTC Over Exxon Board Block
The former CEO of Pioneer Natural Resources, Scott Sheffield, accused the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon Mobil Corp.'s board when the agency cleared a $60 billion merger between Exxon and Pioneer.
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January 22, 2025
Justices Urged To Affirm Texas Nuke Waste Site Ruling
Several states, Texas politicians and landowner groups threw their support behind the Lone Star State's fight against a temporary nuclear waste storage facility, telling the U.S. Supreme Court the federal government doesn't have the power to authorize the site.
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January 22, 2025
Investor Alleges Utility Put Profits Above Storm Preparation
CenterPoint Energy Inc.'s board of directors was hit with a lawsuit Wednesday from a shareholder who alleges the company's handling of Hurricane Beryl revealed it engaged in "financial engineering" designed to boost profits over operational efficiency.
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January 22, 2025
Space Explorer Voyager Technologies Confidentially Files IPO
Defense and space exploration company Voyager Technologies Inc. said Wednesday it has confidentially filed plans for an initial public offering, marking the second company from the industry to join the IPO pipeline this week and potentially benefiting from increased government funding for space travel.
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January 22, 2025
'The Hills' Reality Stars Latest To Sue Over Palisades Fire
"The Hills" reality TV show stars Spencer and Heidi Pratt are among the latest Palisades Fire victims to sue the Los Angeles Department of Water and Power alleging an empty local reservoir made it more difficult for first responders to put out the devastating blaze.
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January 22, 2025
8th Circ. Finds Monsanto PCB Case Can Stay In Federal Court
The Eighth Circuit on Wednesday allowed General Electric Co. and others to keep in Missouri federal court a suit by Monsanto Co. seeking defense for suits against Monsanto over polychlorinated biphenyls, finding that the suit was removed to federal court on time.
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Navajo Nation Looks To Block Federal Mineral Leasing Ban
The Navajo Nation has sued the U.S. Department of the Interior in a bid to block a Biden administration order withdrawing federal land from new mineral leasing and development near a national park in New Mexico, saying the ban would cause tribal allottees to suffer financial hardships.
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January 22, 2025
Army, SD Tribe Fight For Early Win In Dakota Access Row
The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.
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January 22, 2025
White House Shutters DEI Offices, Puts Workers On Leave
The U.S. Office of Personnel Management told federal agencies to close offices focused on diversity, equity and inclusion initiatives by Wednesday evening and lay off staffers by Jan. 31, part of President Donald Trump's larger efforts to combat workplace diversity programs.
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January 21, 2025
What Gov't Contractors Must Know About Trump Exec Actions
President Donald Trump's flood of executive orders following his inauguration included a number of measures targeted at or broadly affecting federal contractors, such as lifting Biden administration antidiscrimination and climate change-related requirements and restarting border wall construction.
Expert Analysis
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Conservation Easement Cases Weave Web Of Uncertainty
Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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EPA's New Lead Pipe Rule Leaves Key Questions Unanswered
The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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In SF Water Case, Justices Signal How Loper May Be Applied
Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Why K-Cup Claims Landed Keurig In Hot Water With SEC
The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.