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Environmental
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January 14, 2025
Tribes, Enviro Groups Say Mich. Ignored Climate In Tunnel OK
Native American tribes and environmental groups urged a quiet Michigan appeals panel Tuesday to undo state approval of Enbridge Energy's plan to dig an underground tunnel to house an underwater segment of an oil and natural gas pipeline.
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January 14, 2025
Both Michigan US Attys Resign Ahead Of Inauguration
Michigan's U.S. attorneys, Dawn Ison in the Eastern District and Mark Totten in the Western District, announced their departures this week ahead of President-elect Donald Trump's inauguration.
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January 14, 2025
Monsanto Hit With $100M Jury Verdict In 10th Seattle PCB Trial
A Washington state jury said Tuesday that Monsanto should pay $100 million to four people who claim they developed various health issues from PCB exposure at a school facility, far less than the $4 billion requested by 15 plaintiffs but still adding to the $1.1 billion in losses the chemical giant already faces over the site.
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January 14, 2025
EPA Warns Of Possible Forever Chemical Risk In Fertilizer
The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations.
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January 14, 2025
Apollo, Standard Chartered Form $3B Strategic Partnership
Private equity giant Apollo and international banking group Standard Chartered PLC on Tuesday announced that they have formed a long-term strategic partnership under which the two will contribute up to a combined $3 billion to go towards clean energy and transition financing.
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January 14, 2025
Connecticut Transfer Station Cases Settle Ahead Of Trial
On the eve of jury selection, a lawsuit that started as a dispute over a $3 million transfer station performance bond and bloomed into a multipronged contract and unfair trade practices battle, as well as a companion case, have settled, Connecticut state court records show.
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January 13, 2025
FERC Defends Limited Review Of Cross-Border Gas Pipeline
The Federal Energy Regulatory Commission told the D.C. Circuit it properly confined its review of a gas pipeline that crosses the Texas-Mexico border to a 1,000-foot segment known as a border facility, arguing that regulating the entire U.S. segment would exceed the agency's authority.
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January 13, 2025
Flint Legionella Victim's Estate Seeks OK On $1.5M Settlement
The mother of a woman who died of Legionnaires' disease after years of drinking the city of Flint's water is asking a Michigan federal court to approve a $1.5 million to settlement that would bring to an end her wrongful death claims.
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January 13, 2025
SoCal Edison Hit With Flurry Of Suits Over Eaton Fire
Southern California Edison was hit with multiple lawsuits by Altadena fire victims in California state court Monday, accusing the investor-owned public utility of negligently managing power-line equipment that on Jan. 7 purportedly sparked the Eaton Fire, which has already damaged over 7,000 structures and killed at least 16 individuals.
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January 13, 2025
Justices Won't Grab The State Climate Tort Reins, For Now
The U.S. Supreme Court appears unwilling to determine the fate of climate change lawsuits against fossil fuel companies until state courts have at least grappled with the substance of the allegations made by state and local governments.
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January 13, 2025
Newsom Waives Permits, Enviro Rules To Rebuild LA Faster
California Gov. Gavin Newsom in an executive order Sunday suspended state environmental rules and permitting in coastal areas, a move intended to help rebuild from wildfires causing extensive destruction in Los Angeles.
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January 13, 2025
Justices Won't Review 11th Circ.'s Cancer Cluster Decision
The U.S. Supreme Court said Monday that it won't review the Eleventh Circuit's affirmation of a favorable jury verdict for defense contractor Pratt & Whitney, which was found to have failed to exercise reasonable care when disposing radioactive materials, but also freed it from liability for the cancer cases that emerged in a Florida neighborhood.
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January 13, 2025
NJ Groups Sue To Revoke Offshore Wind Farm Approvals
A group of environmental and business organizations are alleging in New Jersey federal court that federal approvals awarded to a Shell-backed developer's offshore wind projects violate a number of environmental statutes, and they are looking to halt the construction of two offshore wind facilities located just under nine miles off the Garden State coast.
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January 13, 2025
Manufactured Housing Groups Seek Early Win Against DOE
Two manufactured-housing trade groups pushed for an early win in Texas federal court in their suit against the U.S. Department of Energy over an energy conservation rule for manufactured housing that the groups claimed failed to hit "a rational balance between energy conservation and affordable housing."
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January 13, 2025
Trump Taps Gibson Dunn Partner For EPA's No. 2 Post
President-elect Donald Trump said he intends to nominate David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post during his administration.
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January 13, 2025
Attys Seek $4.4M In Fees For Gas Well Plugging Settlement
Attorneys from Bailey & Glasser LLP and Appalachian Mountain Advocates asked a West Virginia federal court for $4.4 million in fees, in a settlement that will require Diversified Energy Co. to more than quadruple its plans for plugging inactive oil and gas wells it had obtained from EQT in six states.
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January 13, 2025
Mich. AG Says She Is Immune From Flint Water Suit
Michigan Attorney General Dana Nessel has told a federal court she is immune from allegations that she stripped due process rights from former Gov. Rick Snyder's aide when he was among the officials indicted in the aftermath of the Flint water crisis.
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January 13, 2025
Natural Gas Exporter Venture Global Gears Up For $2.2B IPO
Liquefied natural gas producer Venture Global Inc. on Monday launched plans for an estimated $2.2 billion initial public offering, potentially marking the year's first billion-dollar-plus listing, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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January 13, 2025
Dems Seek Postponement Of Interior Secretary Hearing
Democrats on the U.S. Senate's Energy and Natural Resources Committee on Monday asked for the nomination hearing for secretary of the U.S. Department of the Interior to be delayed, claiming they haven't received the requisite documents.
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January 13, 2025
V&E Brings On Former Texas Enviro Agency Leader
Vinson & Elkins LLP announced Monday that the former chair of the Texas Commission on Environmental Quality has joined the firm as a partner in Austin, boosting the firm's offerings to clients with environmental considerations.
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January 13, 2025
CFIUS Grants Nippon, US Steel Extension To Abandon Deal
The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.
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January 13, 2025
Justices Want Solicitor General To Weigh Alaska Land Feud
The U.S. Supreme Court asked the solicitor general Monday to weigh in on a review petition filed by an Alaskan property owner embroiled in a land feud with his neighbor.
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January 13, 2025
Justices Wants DOJ's Input In Wash. Port Water Permit Row
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a dispute over whether private lawsuits can proceed in federal court when they seek to enforce permit conditions that go beyond what's required by the Clean Water Act for discharging substances into state water bodies.
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January 13, 2025
Justices Reject Utah's Effort To Wrest Land From Feds
The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.
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January 13, 2025
Justices Pass On Challenge To Mass. Offshore Wind Project
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
Expert Analysis
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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.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.