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Environmental
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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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.