Environmental

  • December 16, 2024

    US Lends $9.6B To Build EV Battery Plants In The South

    The U.S. Department of Energy has agreed to loan Ford Motor Co. and South Korean battery manufacturer SK On up to $9.63 billion for a joint venture that includes building electric vehicle battery plants in Tennessee and Kentucky, according to a Monday statement.

  • December 16, 2024

    Honeywell Pollution Suit Belongs In Ga. Court, 11th Circ. Told

    A Georgia city suing Honeywell International Inc. over the company's alleged pollution of coastal waterways told the Eleventh Circuit Monday that the Environmental Protection Agency's supervision of remediation efforts can't transform Honeywell into a federal officer, thus denying the company the jurisdiction it needs to move the case into federal court.

  • December 16, 2024

    High Court Bar's Future: Latham's Roman Martinez

    Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.

  • December 16, 2024

    Pipeline Co. To Pay $450,000 To Settle ND Pollution Claims

    A Texas-based pipeline operator will pay $450,000 to settle Clean Air Act violations on North Dakota's Fort Berthold Indian Reservation after the U.S. Environmental Protection Agency found multiple offenses during a routine inspection last year.

  • December 16, 2024

    IRS Corrects Regs On Direct Pay Of Partnership Tax Credit

    Internal Revenue Service issued a correction Monday to final regulations that 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.

  • December 16, 2024

    Anglo American-Backed Engine Tech Co. Files Ch. 11

    A developer of hybrid electric hauling equipment has filed for Chapter 11 protection in Delaware bankruptcy court with nearly $98 million in debt and an agreement with its secured lender and parent, mining company Anglo American, to pursue a sale.

  • December 16, 2024

    Justices Preserve Calif. Vehicle Emissions Autonomy

    The U.S. Supreme Court on Monday declined to review whether the U.S. Environmental Protection Agency has the authority to allow California to set its own greenhouse gas emissions standards for vehicles, a power red states had challenged as unconstitutional.

  • December 13, 2024

    Feds Suggest Protections For Salamander, Mussels Habitat

    The U.S. Fish and Wildlife Service has proposed protections for the eastern hellbender salamander as well as for the habitats of several species of endangered freshwater mussels, according to a pair of recent announcements.

  • December 13, 2024

    Texas Panel Prods Harrison County About Tank Leakage

    A Texas appeals court judge on Friday questioned whether Harrison County is seizing on a legal ambiguity to avoid required testing of underground storage tanks, saying its loose interpretation of the word "year" in a state law "doesn't sound like a very good idea."

  • December 13, 2024

    NHTSA Publishes Whistleblower Program Final Rule

    The National Highway Traffic Safety Administration finalized its whistleblower program, which could award as much as 30% of monetary sanctions to a worker of an auto manufacturer who calls out bad behavior.

  • December 13, 2024

    NJ Town Fights DuPont Bid To Pause $1B Pollution Suit

    A small New Jersey township's billion-dollar suit against Chemours and E.I. du Pont de Nemours should continue without delay, the municipality argued, saying the companies "in their effort to race to" an appeal failed to follow proper court protocol.

  • December 13, 2024

    5th Circ. Revives Challenge To Dallas Flood Project

    A Texas federal judge jumped the gun dismissing two Dallas property owners' claims that the U.S. Army Corps of Engineers has failed to fully analyze the potential impacts of a flood control project in the city, a Fifth Circuit panel said Friday.

  • December 13, 2024

    SEC's Corporation Finance Director Gerding To Step Down

    The U.S. Securities and Exchange Commission announced Friday that the head of its Division of Corporation Finance, who oversaw the finalization of controversial new rules covering environmental disclosures and share repurchases, will leave the agency at the end of the year.

  • December 13, 2024

    New Evidence Allows Doctor's Questioning In Zeta DQ Bid

    Transocean's attorneys will now have the chance to question a doctor at the center of a rival law firm's disqualification bid, after a Houston judge told the parties Friday that she received evidence from the crew member plaintiffs that "significantly changes" the issue.

  • December 13, 2024

    10th Circ. Leans Against Spiking Colo. Air Plan

    A Tenth Circuit panel appeared inclined Friday to order the U.S. Environmental Protection Agency to reconsider its approval of a Colorado air emissions permitting program that a green group challenged as too permissive.

  • December 13, 2024

    EPA Mandates More Worker Safety For Carbon Tetrachloride

    The U.S. Environmental Protection Agency finalized a rule this week on carbon tetrachloride exposure, requiring "robust" employee safety planning on worksites but continuing to allow for its use as a feedstock for refrigerants.

  • December 13, 2024

    Bipartisan Bills Target US Dependence On Chinese Minerals

    A bipartisan group of lawmakers introduced three new pieces of legislation aimed at helping address what it said was America's "deep reliance" on the Chinese Communist Party for critical minerals, after spending months evaluating the issue.

  • December 13, 2024

    NYC Hospital System Wants Out Of REIT's $50M Campus Suit

    The New York City Health and Hospitals Corp. and the New York City Economic Development Corp. asked a New York federal court Friday to dismiss a $50 million suit that accused them of being misleading when it came to the development of a floodwall that's supposed to be part of a commercial life sciences campus project.

  • December 13, 2024

    NC Gov., Lawmakers Take Parting Shots In Clash Over Power

    North Carolina Gov. Roy Cooper has doubled down in the state Court of Appeals on claims Republican state lawmakers are trying to whittle away his appointment powers, while legislators argue the governor has no case law on which to base his constitutional claims.

  • December 13, 2024

    Sexual Abuse, Price-Gouging Bills Clear Michigan Senate

    Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.

  • December 13, 2024

    Wis. Tribe Challenges Enbridge Pipeline Reroute Permits

    The Bad River Band of Lake Superior Chippewa on Thursday sued Wisconsin environmental officials over permits given to Enbridge Inc. to reroute part of its controversial Line 5 pipeline around the tribe's reservation and build a new segment in the area.

  • December 13, 2024

    Justices To Decide If Industry Can Test Calif. Auto Waiver

    The U.S. Supreme Court on Friday granted fossil fuel industry groups' request to review a decision backing the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, but the justices won't consider the legality of the waiver itself.

  • December 13, 2024

    Taxation With Representation: Kirkland, Davis Polk, Wachtell

    In this week's Taxation With Representation, Google and TPG Rise Climate partner with Intersect Power, Gen Digital Inc. acquires MoneyLion Inc., Patient Square Capital acquires Patterson Companies Inc., and the Buffalo Bills and Miami Dolphins sell minority ownership shares to private equity firms.

  • December 12, 2024

    Sierra Club-EPA Row Has 6th Circ. Debating Smog Data

    A Sixth Circuit judge questioned Thursday whether a Sierra Club challenge over Detroit's air quality was "a debate over the science" as opposed to the law, as the group fights federal regulators' determination that air pollution in the area is under control.

  • December 12, 2024

    Mich. Judge Hesitant To Rule On $217M Dam Repair Tax

    A Michigan federal judge sounded reluctant Thursday to make a decision about whether a $217 million dam repair tax assessment violated homeowners' constitutional rights before a state appellate panel rules on the homeowners' challenge to the assessment in a parallel case over properties affected by flooding from the 2020 Edenville Dam collapse.

Expert Analysis

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

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    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Navigating Antitrust Considerations In ESG Collaborations

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    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    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.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    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.

  • What Chevron's End Means For How Congress Does Business

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    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.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    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.

  • What Cos. Should Know About New Global Plastics Regs

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    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.

  • The Rise Of State And Local Environmental Leadership

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    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.

  • 5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy

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    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.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    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.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

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    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.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    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.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    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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