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Environmental
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December 11, 2024
Feds, Illinois Sue East St. Louis For Sewage Pollution
The federal government and state of Illinois sued the city of East St. Louis on Wednesday alleging its failure to operate the city's sewer system in compliance with the law has led to the pollution of local waterways with untreated sewage for years.
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December 11, 2024
Nippon Offers $5K Bonuses To Ease US Steel Deal Concerns
Nippon Steel Corp. has committed to providing $5,000 closing bonuses to employees of U.S. Steel in hopes of easing concerns about the controversial $14.9 billion merger between the two companies, which both the sitting and incoming president have said they oppose.
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December 11, 2024
Dutch Duo Beats Insurer's Claims Of Poor Greenhouse Design
Neither a Dutch greenhouse builder nor designer were responsible for the failure of a Michigan produce farm's $14.1 million greenhouse, a federal judge ruled, granting an early win to the pair in an insurer's subrogation suit seeking coverage for a storm loss.
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December 11, 2024
DC Circ. Lets Pipeline Safety Rule Remain Amid Agency Fix
The D.C. Circuit has agreed to leave in place one of four new safety standards for gas transmission pipelines while the U.S. Department of Transportation works to amend them, after an industry group said not doing so could cause unnecessary repair costs.
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December 11, 2024
3M Gets Georgia Man's $850M PFAS Remediation Bid Denied
A Georgia federal judge has shut down a proposed injunction requiring 3M Co. and other companies to pay $850 million for remediation of water sources in Dalton contaminated with per- and polyfluoroalkyl substances, saying the named plaintiff doesn't have standing to call for the remediation.
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December 11, 2024
Developer, Feds Ask Justices To Pass On Offshore Wind Case
The federal government and Vineyard Wind 1 LLC are urging the U.S. Supreme Court to reject a Massachusetts group's latest bid to block the large offshore wind farm taking shape in waters off Nantucket and Martha's Vineyard.
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December 11, 2024
Liberty Mutual Accused Of Stalling On $21M Loss Claims
The owners of a Massachusetts metal recycling plant that was severely damaged in an explosion last year say Liberty Mutual is attempting to avoid a $20.8 million payout in part by claiming that the facility, ordered razed by the city of Springfield, could have been repaired instead.
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December 10, 2024
Feds Tell Justices To Stay Out Of Climate Change Tort Fights
U.S. Solicitor General Elizabeth Prelogar on Tuesday urged the U.S. Supreme Court not to weigh in on climate change torts filed against fossil fuel companies, arguing in a pair of briefs that the state court cases aren't the correct vehicles for resolving the issues, at least not yet.
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December 10, 2024
9th Circ. Upholds $850K Penalty In EPA Fine Suit
The Ninth Circuit on Tuesday upheld a $850,000 penalty against Multistar Industries Inc. for Clean Water Act violations related to chemical storage, saying it agrees with the Environmental Protection Agency's view that the company was not exempt from the rules for storing hazardous materials.
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December 10, 2024
Feds Propose Enviro Protections For Monarch Butterfly
The U.S. Fish and Wildlife Service issued a proposed rule on Tuesday that would list the monarch butterfly as a threatened species under the Endangered Species Act and designate 4,395 acres of critical habitat in coastal California.
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December 10, 2024
Kid Climate Activists Ask Justices To Save Twice-Nixed Case
Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.
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December 10, 2024
Utah Counties' Narrow NEPA Test Meets High Court Critics
Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.
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December 10, 2024
6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections
A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.
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December 10, 2024
Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit
A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.
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December 10, 2024
Wash. HOA Can't Get Early Win Bid In Water Damage Row
A homeowners association for a Seattle-area condominium complex can't yet prevail on its bad faith claims against its insurer over coverage for extensive water damage, a Washington federal court ruled, finding a material factual dispute over whether the association filed its coverage action within its policy's two-year suit-filing deadline.
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December 10, 2024
Davis Polk Leads Aerospace-Focused PE Firm To $2.2B Fund
Middle-market private equity shop J.F. Lehman & Co., advised by Davis Polk & Wardwell LLP, on Tuesday announced that it clinched its sixth fund after securing $2.23 billion of investor commitments.
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December 10, 2024
Insurer QBE Settles Suit Over Failed $18M Wind Support Deal
Belgium-based insurer QBE Europe has settled a lawsuit accusing it of wasting available policy limits on pointless litigation rather than make a reasonable offer in a separate $18 million dispute over a failed wind support vessel deal, according to a Tuesday filing.
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December 10, 2024
Google, TPG To Help Steer $20B Clean Energy Investment
Google and an arm of private equity shop TPG that is focused on solutions to combat climate change revealed plans to partner with clean energy company Intersect Power to invest $20 billion in renewable power infrastructure by the end of the decade, with an initial plug of $800 million announced on Tuesday.
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December 10, 2024
NY Appealing Judge's Dismissal Of Plastic Pollution Suit
New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.
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December 10, 2024
Stellantis, CATL Invest Up To €4.1B For Battery Plant In Spain
Automaker Stellantis announced Tuesday that it has formed a joint venture with Chinese battery maker CATL that sees the two investing up to €4.1 billion ($4.3 billion) to help build a large-scale European lithium iron phosphate battery plant in Spain.
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December 09, 2024
9th Circ. Tosses Regal Cinemas' COVID Coverage Suit
Regal Cinemas cannot get coverage for its losses stemming from the COVID-19 pandemic, the Ninth Circuit ruled Monday, finding that a decision from New York's top court, along with a contamination exclusion, doomed any chance of coverage under the theater chain's policies with units of Allianz, Liberty Mutual and Zurich.
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December 09, 2024
Meet The Attys Arguing Over Trademark Liability At High Court
A Gibson Dunn partner who has argued before the U.S. Supreme Court 27 times will square off against the former solicitor general of West Virginia in a high court fight Wednesday over whether corporate affiliates must pay a real estate development company's $46.6 million trademark infringement judgment when they are not parties in the case.
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December 09, 2024
EV Carmaker Lucid Wants To Shed More Of Inflated Biz Suit
Electric carmaker Lucid Group has asked a California federal judge to toss most of the latest version of a proposed investor class action alleging its production forecasts were misleading, arguing that parts of the suit that remained intact after a recent dismissal order involved statements taken out of context.
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December 09, 2024
DC Circ. Unsure Of Wading Into FERC Grid Plan Fight
D.C. Circuit judges appeared reluctant on Monday to entertain the legality of the Federal Energy Regulatory Commission's 2023 rejection of a grid operator's plan to manage certain transmission project costs, given that the agency later approved related projects in May.
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December 09, 2024
Xcel Can't Hide Evidence In Marshall Fire Suit, Attys Say
Attorneys representing more than 4,000 individuals suing Xcel Energy over a 2021 Colorado wildfire demand the utility release thousands of documents regarding the location of a power line that allegedly caused an ignition, claiming the information is being improperly withheld despite how critical it is to the case.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.