• July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    Tribal Nations Want In On Red States' Water Rule Dispute

    Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.

  • July 02, 2024

    Travelers Says No Coverage For Energy Co.'s Enviro Dispute

    A Travelers unit said it has no coverage obligations to an energy company in a now-settled Louisiana state court suit over environmental damage, telling a Texas federal court that the company's failure to notify the insurer of the suit for more than eight years violated the policies.

  • July 02, 2024

    Northrop Must Face 3K Homeowner Class Over Contamination

    A California federal judge Monday granted class certification to 3,200 homeowners who sued Northrop Grumman over the release of cancer-causing chemicals from a nearby circuit board manufacturing site they alleged reached their homes, finding the location and extent of the contamination in the area are subject to common proof. 

  • July 02, 2024

    Judge Says Feds Exceeded Question Limit In Pollution Suit

    A Michigan federal judge has denied the federal government's bid to force a coke oven battery company to respond to questions about business decisions and parent company involvement, holding that it has exceeded an agreed-upon limit of so-called interrogatories in its Clean Air Act case.

  • July 02, 2024

    DLA Piper Hires Former Goodwin Corporate Partner In DC

    A former Goodwin Procter LLP partner has joined DLA Piper's corporate practice in the firm's Washington, D.C., office, where he will advise clients on mergers and acquisitions and other transactions. 

  • July 02, 2024

    Enbridge, Tribes Spar Over Payout In Pipeline Trespass Row

    Enbridge Energy told the Seventh Circuit a recent ruling that resulted in a tribe receiving a nearly $400 million payout for trespassing does not apply to the Bad River Band of Lake Superior Tribe's current trespass challenge, arguing the district court recognized that this case presents a different set of facts.

  • July 02, 2024

    Justices Revive FERC Solar Fight, Citing Chevron Ruling

    The U.S. Supreme Court on Tuesday ordered the D.C. Circuit to rethink its approval of a Federal Energy Regulatory Commission decision granting market benefits for a small-scale solar energy project in Montana following the justices' blockbuster decision upending judicial deference to regulatory agencies.

  • July 02, 2024

    Flint Needs State Help After Years Of Pipe Delays, Judge Says

    A Michigan federal judge said the city of Flint's repeated failures to replace lead water service lines for residents shows it doesn't have the "wherewithal" or funds to finish the project and granted yet another extension to complete the work with offered help from the state of Michigan.

  • July 02, 2024

    The Commercial Real Estate Q&A's You Can't Miss

    Check out Law360 Real Estate Authority's most buzzed-about commercial real estate Q&As from the first half of 2024.

  • July 02, 2024

    Data Analysis Shows Swift Influx In EPA Brownfield Grants

    A Law360 Real Estate Authority analysis of the U.S. Environmental Protection Agency's brownfield grant awards since the program's inception shows a steep increase in funding, particularly in funding of cleanups, since the Bipartisan Infrastructure Law was passed in 2021. 

  • July 02, 2024

    Alaska Village Hits Army Corps With Gold Mine Permit Suit

    The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.

  • July 02, 2024

    Interior Dept. OKs Atlantic Shores South Wind Project

    The U.S. Department of the Interior on Tuesday said it's approving the Atlantic Shores South offshore wind project, the ninth such commercial-scale project given a green light by the Biden administration.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Red States Get Biden Admin's LNG Export Pause Halted

    A Louisiana federal judge Monday stayed the Biden administration's pause on reviewing applications to export liquified natural gas to countries without free trade agreements, slamming the U.S. Department of Energy's decision as appearing to be "completely without reason or logic and is perhaps the epiphany of ideocracy."

  • July 01, 2024

    Washington State, Tribes Can Wade Into Water Regs Dispute

    A D.C. federal judge said Washington state and five Native American tribes can intervene in a business group's lawsuit trying to overturn the U.S. Environmental Protection Agency's decision to reestablish water quality standards for the Evergreen State that it had rolled back during the Trump administration.

  • July 01, 2024

    W.Va. Homeowner's Depreciation Suit Survives Dismissal

    A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.

  • July 01, 2024

    Gas Co. Not Covered For Pollution MDL, NY Court Rules

    A petroleum company is not owed coverage for an underlying multidistrict litigation over remediation for groundwater contamination that the suit alleges was caused by a gasoline additive, a New York state appeals court said, holding that pollution exclusions in multiple of its policies applied to the contamination.

  • July 01, 2024

    Metals Recycler Strikes $170M Go-Public SPAC Merger

    American Resources Corp. on Monday announced that its metals recycling subsidiary will go public by merging with special-purpose acquisition company AI Transportation Acquisition Corp., in a deal that values American Metals LLC at $170 million and that was steered by three law firms.

  • July 01, 2024

    EPA To Clean Up Middle Of Gowanus Canal Superfund Site

    The U.S. Environmental Protection Agency revealed Monday it has initiated cleanup work on the middle portion of the Gowanus Canal Superfund site in Brooklyn, New York, while the agency works to complete dredging and capping activities in the upper portion later this month.

  • July 01, 2024

    EPA Inks Deal To Take Action On States' Haze Plans

    The U.S. Environmental Protection Agency has agreed to take action on plan revisions submitted by more than 30 states aimed at curbing haze-forming air pollution, resolving environmental groups' claims the agency has unlawfully delayed approving or denying the various plan revisions.

  • July 01, 2024

    Top Personal Injury, Med Mal News: 2024 Midyear Report

    A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.

  • July 01, 2024

    Catching Up With Delaware's Chancery Court

    Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.

  • July 01, 2024

    Enbridge Tells Michigan Judge To Speed Up Pipeline Ruling

    Enbridge Energy has told a Michigan federal judge to get moving on critical motions that have been pending for years in one of the legal contests over Michigan's efforts to shut down a crude oil and natural gas pipeline that traverses the Great Lakes State.

  • July 01, 2024

    EV Charging Co. Strikes $3.75M Deal With Investors

    Electric-vehicle charging station operator Blink Charging Co. has agreed to cough up nearly $4 million to resolve investors' claims it misled them about the functionality of its charging network.

Expert Analysis

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Contract Disputes Recap: Saying What Needs To Be Said

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict

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    In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema. 

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

  • NY's Vision For Grid Of The Future: Flexible, Open, Affordable

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    Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.

  • Trump Hush Money Case Offers Master Class In Trial Strategy

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    The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

  • Leveraging Insurance Amid Microplastics Concerns

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    A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.

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