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Environmental
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January 21, 2025
Trump Moratorium Is An Ill Wind For Project Development
President Donald Trump's sweeping directive to halt federal reviews and permitting of wind farms creates fresh uncertainty over whether many projects slated to be built can secure necessary approval and financing.
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January 21, 2025
Fed. Circ. Refuses To Restore Solar Cell Patent Claims
An Indian industrial conglomerate failed on Tuesday to persuade Federal Circuit judges to breathe new life into a patent covering a way of assembling solar cells that it had asserted in Delaware federal court against a Korean rival.
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January 21, 2025
Texas Sues Biden Administration Over Offshore Drilling Ban
Texas sued the Biden administration one last time during the administration's final hours, saying in a complaint Monday that orders banning oil and gas leasing in more than 625 million acres of federal waters run "afoul of the Constitution."
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January 21, 2025
Colo. Justices Say Elephants Don't Get Habeas Rights
The Colorado Supreme Court on Tuesday said the state's habeas statute only gives humans the right to petition against unlawful detention, upholding the dismissal of a habeas petition filed on behalf of five elderly elephants at a zoo.
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January 21, 2025
Tax Court Slashes $33M Easement Deduction
The U.S. Tax Court reduced a partnership's claimed $33 million tax deduction for a donation of a Georgia conservation easement Tuesday, saying the easement was only worth $4.7 million, partly because the partnership overestimated its development potential in a rural area.
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January 21, 2025
Bacon Giant Smithfields Leads 3 IPOs Primed To Exceed $1B
Bacon maker Smithfields Foods Inc. led a trio of companies unveiling price ranges for initial public offerings Tuesday that could raise $1.3 billion combined over the next week, with 10 law firms guiding the IPOs in various capacities.
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January 21, 2025
Water Main Co. Will Pay $1M After Connecticut Fish Kill
A water main cleaning company has waived indictment and admitted to a federal charge that it discharged a pollutant into a Connecticut brook while refurbishing a culvert pipe in 2019, causing the deaths of more than 150 fish, according to the U.S. attorney's office.
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January 21, 2025
NJ Unveils Plans To Retool Congestion-Pricing Fight
Undeterred by the denial of its bid to temporarily halt New York City's controversial congestion toll pricing plan, the state of New Jersey has notified a federal judge that it plans to drop its Third Circuit appeal and pursue a new plan of attack in district court.
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January 21, 2025
Ex-Chemical Biz Atty Drops Claims Against Bain Capital
A former in-house attorney for chemicals company Arxada has agreed to remove Bain Capital as a defendant in her New Jersey state court suit alleging that she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.
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January 21, 2025
New SEC Task Force Eyes 'Sensible' Crypto Regulations
A day after being appointed acting chairman of the U.S. Securities and Exchange Commission, Mark T. Uyeda on Tuesday launched a cryptocurrency task force to develop "a comprehensive and clear regulatory framework" for such assets.
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January 21, 2025
FTC Gives Nod To Chevron's $53B Hess Buy, With Conditions
The Federal Trade Commission has formally approved a consent order resolving antitrust concerns over Chevron Corp.'s planned $53 billion acquisition of Hess Corp., one that bars CEO John Hess from joining the combined company's board.
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January 21, 2025
Trump Elevates Mark Christie To FERC Chairmanship
Republican Commissioner Mark Christie thanked President Donald Trump on Monday for appointing him to lead the Federal Energy Regulatory Commission, while touting his own emphasis on addressing the "reliability crisis."
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January 21, 2025
Trump Orders Federal Workers Back To Office
On his first day back in the Oval Office, President Donald Trump ordered federal workers back to theirs.
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January 20, 2025
On Day 1, Trump Begins Dismantling Biden's Enviro Legacy
President Donald Trump signed a host of environmental executive orders shortly after taking office Monday, rolling back numerous Biden climate-related policies, including bans on Arctic drilling and the revocation of the Keystone XL Pipeline permit, while also nixing the federal government's net-zero emissions goals.
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January 20, 2025
Trump Ends Biden Moratorium That Limited LNG Exports
President Donald Trump on Monday lifted former President Joe Biden's moratorium on approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., fulfilling a promise he made repeatedly on the campaign trail.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
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January 20, 2025
Trump Announces 2nd Exit From Paris Climate Agreement
President Donald Trump announced upon being sworn in Monday that for a second time, he will pull the United States out of the Paris climate accord.
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January 17, 2025
Red States Challenge DOE Rule On Gas Heater Efficiency
Several red states and industry groups are challenging the Biden administration in its waning days over a final rule the U.S. Department of Energy has issued on making certain natural gas water heaters more energy efficient, asking the Eleventh Circuit to toss the rule in a petition for review filed Friday.
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January 17, 2025
NHTSA Defends Fuel-Economy Regulations In 6th Circ.
The U.S. Department of Transportation told the Sixth Circuit on Friday that its new fuel-economy standards are technologically feasible and properly account for a variety of alternative-fuel vehicles, rejecting claims from Republican-led states and fuel industry groups that the stringent standards amount to an unlawful electric vehicles mandate.
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January 17, 2025
9th Circ. Backs Vacating Some Trump-Era Oil And Gas Leases
A split Ninth Circuit ruled Friday that an Idaho federal court, but not a Montana federal court, abused its discretion in striking down oil and gas leases sold during the Trump administration, but halted "surface-disturbing activity" while the federal government reconsiders the leasing decisions.
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January 17, 2025
NM Justices Reject Utility Challenges To Solar Rule
New Mexico's top court issued a slip opinion explaining its decision to back a community solar rule enacted by state regulators and to reject arguments by an Xcel Energy unit and other utilities claiming the rule ran afoul of a Community Solar Act passed by lawmakers.
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January 17, 2025
Red States And Oil Groups Attack Biden's Coastal Drilling Ban
Louisiana-led states and fossil fuel groups are asking a federal judge in the Pelican State to scrap a pair of Biden administration memos that recently banned new oil and gas leasing across more than 625 million acres of federal waters.
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January 17, 2025
DC Circ. Seems Of Split Mind On EPA Air Compliance Suit
The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.
Expert Analysis
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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How Global Data Center Regs May Influence US Policies
As regulators around the world react to the growth of data centers, and their increasing consumption of energy, water and land, international policies in this area may influence how the incoming U.S. administration regulates data centers in this country, say attorneys at HWG.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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SEC Action Indicates Continued Focus On ESG Disclosures
The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.
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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.