Environmental

  • November 22, 2024

    Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.

    U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.

  • November 22, 2024

    LA Power Dept. Inks $60M Settlement Over Valley Gas Leak

    The Los Angeles Department of Water and Power has reached a $59.9 million settlement over allegations that it hid a dangerous natural gas leak from San Fernando Valley residents for over three years, according to the plaintiffs' counsel.

  • November 22, 2024

    EPA, Pa. Nab $5.3M In Penalties Against Oil, Gas Producers

    The U.S. Department of Justice and the U.S. Environmental Protection Agency said Thursday they have secured two settlements amounting to $5.3 million with XTO Energy Inc. and Hilcorp Energy Company, resolving alleged Clean Air Act and Pennsylvania Air Pollution Control Act violations.

  • November 22, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.

  • November 22, 2024

    Ex-Invenergy Atty Joins McDermott's Energy Team In DC

    McDermott Will & Emery LLP announced Friday its Washington, D.C., office has brought on an in-house renewable energy and taxation expert with more than a decade of experience to further help the firm's clients utilize energy transition tax credits available in the Inflation Reduction Act.

  • November 21, 2024

    Greens Sue Army Corps Over San Jacinto River Barge Project

    A Texas environmental group sued the U.S. Army Corps of Engineers in Texas federal court Thursday, claiming the Corps rubber-stamped a barge mooring project in the San Jacinto River that runs a serious risk of releasing dangerous contaminants and poisoning the waterway.

  • November 21, 2024

    FirstEnergy Investors Slam Ex-Execs' Info 'Bogeyman' Story

    FirstEnergy shareholders have accused two former executives of the energy company of exploiting confidentiality rules by seeking to shield documents relevant to their suit over a stock plummet that followed a massive bribery scheme, telling an Ohio federal judge he should reject the executives' "informational bogeyman" story.

  • November 21, 2024

    FERC Heeds States' Worries With Grid Planning Policy Rewrite

    The Federal Energy Regulatory Commission on Thursday approved changes to its sweeping revision of its regional transmission planning policies, and a heftier role for states in the planning process was enough to assuage the concerns of a commissioner who dissented from the original rule.

  • November 21, 2024

    DOD Needs To Do More To Fix Military Housing, OIG Says

    The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.

  • November 21, 2024

    Judge Suggests 1st Circ. Should Hear Lobster Tracking Case

    A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

  • November 21, 2024

    Fuel Economy Regs Are Unlawful Path To EVs, 6th Circ. Told

    Republican-led states and fuel industry groups have told the Sixth Circuit that the U.S. Department of Transportation overstepped with new vehicle fuel-economy standards that amount to an unlawful electric vehicles mandate, while environmental groups say the standards don't go far enough to meaningfully combat climate change.

  • November 21, 2024

    DC Circ. Judges Disagree On Standing In Drilling Permit Suit

    The judges of the D.C. Circuit stepped on each other's toes Thursday during oral arguments over a challenge to the approvals of thousands of drilling permits in New Mexico and Wyoming, appearing to be at odds over whether the environmental groups' stance on standing had legs.

  • November 21, 2024

    EPA Beats Calif. Suit Over Pesticide-Coated Seed Exemption

    A California federal judge threw out public safety groups' lawsuit alleging the U.S. Environmental Protection Agency provided pesticide-coated crop seeds an illegal loophole from regulation, finding the agency made a fair and considered judgment when it said the seeds are exempted from registration. 

  • November 21, 2024

    Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick

    President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.

  • November 21, 2024

    EPA Announces National Strategy To Tackle Plastic Pollution

    The U.S. Environmental Protection Agency on Thursday unveiled its national strategy outlining how government agencies, businesses, nonprofits and communities can prevent plastic pollution. 

  • November 21, 2024

    EPA Floats New Draft Framework On Cumulative Impacts

    The U.S. Environmental Protection Agency on Thursday further fleshed out exactly what it means when it tells its employees to consider the "cumulative impacts" of pollution on particular communities.

  • November 21, 2024

    Sherwin-Williams Wants Pause In NJ Pollution Suit

    Sherwin-Williams asked a New Jersey state court to pause a suit from Garden State regulators over the contamination at one of its former plants, arguing an expert for the state has claimed the cleanup required under a consent decree failed to accurately assess the scope of contamination and that a massive new soil excavation is required.

  • November 21, 2024

    California Tribe Looks To Increase Trinity River Water Flows

    The Yurok Tribe slapped the Bureau of Reclamation with a complaint in California federal court, alleging its operation of the Trinity River Division provides only minimum flows to the Trinity River in the winter and early spring, modifying and harming salmon habitat and population.

  • November 21, 2024

    Phillips 66 Charged With Dumping Wastewater In LA County

    A federal grand jury has indicted Phillips 66 on charges of violating the Clean Water Act by illegally discharging hundreds of thousands of gallons of wastewater into the Los Angeles County sewer system without reporting the violations to authorities, the U.S. Justice Department announced Thursday.

  • November 21, 2024

    Justices Urged To Uphold Alaska Beachfront Boundary Ruling

    Alaska and an Alaskan property owner told the U.S. Supreme Court to uphold an Alaska Supreme Court ruling that determined that the boundary between two beachfront properties owned by feuding neighbors is set by where a shoreline ended up in 1938.

  • November 21, 2024

    Feds Outline Next Steps For Colo. River Basin Agreement

    The U.S. Department of the Interior released five proposed alternatives for the Colorado River's post-2026 operations aimed at ensuring the long-term stability of the drought-stricken Colorado River Basin for the communities and habitats that rely on it. 

  • November 21, 2024

    Pa. Enviro Hearing Board Can Sanction Atty, Court Affirms

    Pennsylvania's Environmental Hearing Board was within its power to issue its first-ever sanctions against an attorney for trying to delay an appeal with false claims that the state Attorney General's Office and the U.S. Environmental Protection Agency were looking to talk to Cabot Oil & Gas Corp. over her case, a state appellate court ruled Thursday.

  • November 21, 2024

    Newell Brands Wants Baby Bottle Microplastics Suit Tossed

    Newell Brands Inc. moved Wednesday to dismiss a lawsuit accusing it of misleading buyers by labeling its Nuk brand of baby bottles as BPA-free while failing to disclose the products leach microplastics when heated, saying the label is "objectively truthful."

  • November 21, 2024

    House Appropriations Deputy Staff Director Moves To H&K

    An attorney who most recently worked as the deputy staff director, budget director and counsel to the House Committee on Appropriations has joined Holland & Knight LLP's public policy and regulation group as a partner, the firm announced Thursday.

  • November 21, 2024

    2 Energy Transition-Focused SPACs Raise $210M Combined

    Two special purpose acquisition companies looking to capitalize on energy transition opportunities began trading publicly on Thursday after announcing pricing for their respective initial public offerings, which combined would raise $210 million.

Expert Analysis

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • The Unfolding Potential of Green Hydrogen In Brazil

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    A new federal law in Brazil establishing a legal framework for hydrogen development is the country's latest step toward creating a favorable environment for green hydrogen production, but significant challenges — including high production costs, technological hurdles and a lack of infrastructure — remain, says David Andrew Taylor at Almeida Advogados.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • A Shift In Control Of Congress May Doom These Enviro Regs

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    If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.

  • Election Could Bring Change In Weather For Offshore Wind

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    Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

  • Jarkesy May Short-Circuit FERC Enforcement Cases

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    As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

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