Environmental

  • January 16, 2025

    Enviro Org. Drops Fight Over DOE's $1.1B Diablo Canyon Award

    An environmental group has begrudgingly dismissed its challenge of a $1.1 billion U.S. Department of Energy award that aimed to help California's last nuclear power plant keep running after learning state officials have already given Pacific Gas & Electric Co. $1.3 billion for the same purpose.

  • January 16, 2025

    Treasury Updates Bonus Energy Tax Credit Safe Harbors

    The U.S. Treasury Department provided updates Thursday to safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing steel and aluminum parts in response to new trade restrictions on solar products from China by President Joe Biden's administration.

  • January 15, 2025

    Energy Secretary Nominee Emphasizes Production At Hearing

    Energy secretary nominee Christopher Wright promised on Wednesday to "unleash American energy at home and abroad," as Democratic and Republican senators questioned him on his commitment to carrying out transmission permitting reform and increasing nuclear energy generation.

  • January 15, 2025

    Foes Of Expanded Oil Facility Face Texas Panel's Tough Queries

    A Texas appeals court directed some pointed questions to environmental groups seeking to challenge an oil facility's expansion during oral arguments Wednesday, saying facilities like the one in question have to go somewhere or else "the Europeans will starve in the cold this winter."

  • January 15, 2025

    Hino Motors Inks $1.6B Deal To End Emissions Fraud Claims

    Toyota unit Hino Motors Ltd. will pay approximately $1.6 billion in criminal and civil penalties to close out claims it illegally manipulated emissions and fuel-economy test results for more than 100,000 diesel vehicles sold in the U.S., the Justice Department announced Wednesday.

  • January 15, 2025

    Sidley-Led Flowco Raises $427M In Year's First Major IPO

    Oilfield equipment and services provider Flowco Holdings Inc. on Wednesday priced a $427 million initial public offering above its range, represented by Sidley Austin LLP and underwriters' counsel Latham & Watkins LLP, marking the year's first sizable IPO.

  • January 15, 2025

    Energy Giants Escape NYC's Climate Deception Suit

    A New York state judge has dismissed the Big Apple's suit accusing Exxon, BP and Shell of deceiving the public about the climate change effects of their operations, saying the city has failed to allege its consumer protection laws were violated.

  • January 15, 2025

    EPA Tells DC Circ. Truck GHG Emissions Rule Is Sound

    The U.S. Environmental Protection Agency is defending its tightened greenhouse gas emission standards for heavy-duty vehicles against a challenge brought by dozens of states and industry groups, telling the D.C. Circuit that federal law empowers the agency to regulate all motor vehicles — electric or otherwise.

  • January 15, 2025

    3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal

    3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.

  • January 15, 2025

    Oil Biz Must Face Action Alleging It Dodged Well Cleanup

    Oil and gas company HRM Resources cannot escape a lawsuit from Colorado landowners alleging the business transferred 200 oil and gas wells to a smaller oil company, which soon after declared bankruptcy, in order to shift cleanup obligations to the state, after a Colorado federal judge found the plaintiffs alleged they were injured by the scheme.

  • January 15, 2025

    Conn. Set To End Pollution Review On Property Transfers

    Connecticut regulators have finalized a set of new rules to catch environmental contamination that will replace a system of mandatory inspections on commercial and industrial property transfers, leaving New Jersey as the only U.S. state with such a policy.

  • January 15, 2025

    Biz Court Calls Out Biogas Co. For 'Stack' Of Broken Promises

    A North Carolina Business Court judge pondered during a sanctions hearing Wednesday whether a biogas company should be held in contempt for allegedly violating a court order, saying the company has repeatedly fallen short of its promises in a fight with lenders over funding for renewable energy projects.

  • January 15, 2025

    Feds Float Safety Rule For Growing CO2 Pipeline Network

    Gas- and liquid-phase carbon dioxide pipelines would be subject to new safety standards including improved emergency response and public communications practices under a rule proposed Wednesday by the federal government.

  • January 15, 2025

    Origis Energy Lands $1B-Plus Infusion From Brookfield, Antin

    Renewable energy platform Origis Energy, led by Latham & Watkins LLP, on Wednesday announced that it has received new investments from private equity shops Brookfield Asset Management, advised by Vinson & Elkins LLP, and Antin Infrastructure Partners that combined could exceed $1 billion.

  • January 15, 2025

    SpaceX Suit Must Fail, Calif. Coastal Commission Tells Judge

    The California Coastal Commission urged a federal judge to throw out a SpaceX lawsuit alleging it has unlawfully tried to stymie the company's rocket launches and engaged in "naked political discrimination" against CEO Elon Musk, arguing the company's claims don't pass muster.

  • January 14, 2025

    Palisades Fire Victims Sue LADWP Over Empty Reservoir

    Pacific Palisades homeowners and businesses sued the Los Angeles Department of Water and Power in California state court Monday alleging its decommissioned Santa Ynez Reservoir, which sat empty for minor repairs, resulted in minimal water for crews to battle the recent wildfire that's scorched over 23,000 acres and destroyed communities.

  • January 14, 2025

    Lockheed, CNA Pause Coverage Suit Amid Settlement Talks

    A Maryland federal court agreed Tuesday to continue pausing a dispute between Lockheed Martin Corp. and a CNA Financial unit over coverage for lawsuits accusing the aerospace and defense giant of environmental contamination, as the parties negotiate a potential coverage settlement.

  • January 14, 2025

    Tribe Members Look To Intervene In 8th Circ. Pipeline Case

    Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 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.

  • High Stakes In Justices' Review Of Clean Air Act Venue Fights

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    Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • The Ups And Downs Of SEC's Now-Dissolved ESG Task Force

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    The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

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