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Environmental
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January 27, 2025
Fed Fisheries Seek Win In Tide Gate Fight Over Salmon
The National Marine Fisheries Service has sought an early win in a suit by a county dike district challenging a U.S. government biological opinion that says a proposed tide gate project endangers salmon, telling a Washington federal judge that its ecological findings are reasonable.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Holland & Hart Names New Senior Director Of Federal Affairs
Holland & Hart LLP said Monday that it is bolstering its federal affairs team with the addition of a lobbyist who previously led the energy and environment practice at Cassidy & Associates.
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January 27, 2025
Arnold & Porter Adds Former Interior Dept. Energy Solicitor
Arnold & Porter Kaye Scholer LLP has hired the former deputy solicitor for energy and mineral resources at the U.S. Department of the Interior, who is joining the firm's D.C. team as a counsel, the firm announced Monday.
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January 27, 2025
Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid
Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.
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January 27, 2025
High Court Passes On Solar Project Fine Levied Without Jury
The U.S. Supreme Court on Monday declined to review the Vermont Supreme Court's ruling that the state Public Utility Commission has the authority to bypass a jury trial and unilaterally impose civil penalties on solar energy project backers that allegedly cleared land without a permit.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Trump Admin Requests Justices Pause Three Energy Cases
The Trump administration on Friday asked the U.S. Supreme Court to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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January 24, 2025
Ga. Judge Gives Tentative OK To $1M PFAS Deal
A federal judge gave preliminary approval to a $1 million settlement in a sprawling class action over forever chemicals allegedly released from a north Georgia textile plant, potentially ending the involvement of one of the half-dozen chemical companies in the suit.
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January 24, 2025
Trump Fires Inspectors General Without Notice
President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.
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January 24, 2025
Enviros Want To Reopen Yellowstone Bison Suit
An environmental group has asked a Montana federal court to reopen a case over the management of Native American tribes' bison hunting on public land near Yellowstone National Park, saying new analysis is needed to determine whether the United States' national mammal can now roam free.
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January 24, 2025
Trump Energy Order Disrupts High-Profile NEPA Cases
One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.
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January 24, 2025
Law Students Scramble As Federal Gov't Yanks Job Offers
Law students across the country are scrambling to figure out their next steps after a range of federal agencies yanked job and internship offers this week because of the new hiring freeze imposed by the Trump administration.
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January 24, 2025
US Steel Will Pay $6.1M To End Suit Over Pa. Plant's Dust
U.S. Steel will invest $4.6 million in efforts to reduce dust pollution from its Edgar Thomson Works in Braddock, Pennsylvania, and will pay another $1.5 million to be split among residents of six neighboring communities, under a class action settlement that a state judge gave his preliminary approval.
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January 24, 2025
10 AGs Target Major Banks Over DEI, ESG Initiatives
Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.
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January 24, 2025
Norway's Orkla Selling Hydropower Portfolio In $545M Deal
Norwegian industrial investment company Orkla said Friday it has agreed to sell its entire hydropower portfolio in two separate transactions that value the portfolio at NOK 6.1 billion ($544.9 million).
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January 24, 2025
5th Circ. Won't Remand New Orleans Coastal Damage Suit
A Fifth Circuit panel denied New Orleans' bid to have a lawsuit alleging that Chevron, ExxonMobil and other pipeline companies damaged its coastal areas returned to a Pelican State court, affirming a decision that kept the litigation in federal courts as the companies requested.
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January 24, 2025
FBI 'Bait And Switch' Breached Suspect's Rights, Lawyer Says
FBI agents held an Israeli private investigator accused of hacking climate activists in custody without warning him of his right to remain silent, denying him a fair trial if he is extradited to the U.S., a lawyer testified in London on Friday.
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January 23, 2025
Atty Hit With TCPA Class Action Over Camp Lejeune Calls
A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.
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January 23, 2025
Davis Polk, Skadden Steer LNG Exporter's $1.8B IPO
Liquefied natural gas exporter Venture Global Inc. on Thursday priced an estimated $1.8 billion initial public offering within its downwardly revised range, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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January 23, 2025
NJ Town Loses Bid To Join NYC Congestion Pricing Suit
A federal judge on Thursday rebuffed a bid from the mayor of Fort Lee, New Jersey, to be heard in the ongoing litigation surrounding this month's implementation of the congestion pricing toll program in Manhattan.
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January 23, 2025
Suncor Says Enviro Groups' Suit Duplicates Gov't Enforcement
Suncor USA Inc. told a Colorado federal judge that environmentalists suing it for allegedly violating emissions standards have improperly tied their claims to events that are already resolved or are being investigated by federal and state governments.
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
NC Biogas Co. Sidesteps Sanctions For Now In Lender Fight
A North Carolina Business Court judge held back on sanctioning a biogas company for allegedly violating a court order to pay its lender before pursuing new contracts on a renewable energy project, reasoning that he needs more information about the terms of the agreement to see if a contempt ruling is warranted.
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January 23, 2025
Senate Energy Committee Greenlights Energy, Interior Picks
A U.S. Senate energy panel on Thursday advanced President Donald Trump's nominees to lead the U.S. Departments of Energy and the Interior, setting them up for confirmation by the full Senate.
Expert Analysis
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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How Global Data Center Regs May Influence US Policies
As regulators around the world react to the growth of data centers, and their increasing consumption of energy, water and land, international policies in this area may influence how the incoming U.S. administration regulates data centers in this country, say attorneys at HWG.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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SEC Action Indicates Continued Focus On ESG Disclosures
The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.