Environmental

  • May 30, 2024

    Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.

    Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.

  • May 30, 2024

    Jersey Shore Motel Loses Condemnation Fight With Town

    A New Jersey borough properly used eminent domain to take over a local 50-room motel where it plans to provide parking and electric vehicle charging, a New Jersey appellate panel ruled.

  • May 30, 2024

    Kraft-Owned Paper Mill Inks $18M Deal In Emissions Suit

    Property owners who sued the operators of a paper mill co-owned by New England Patriots owner Robert Kraft have asked a South Carolina federal court to approve an $18 million settlement to end nuisance and personal injury claims over the mill's emissions.

  • May 30, 2024

    US Steel, Nippon Obtain All Non-US Regulatory Approvals

    U.S. Steel Corp. and Nippon Steel Corp. said Thursday they have received all non-U.S. regulatory nods to move ahead with their planned $14.9 billion merger, including from the European Commission and the U.K.'s Competition and Markets Authority.

  • May 29, 2024

    Tribe Says Mining Co. Can't Protect 500 Docs In Land Suit

    A Native American tribe has asked a Minnesota federal court to ignore a mining company's objections to a magistrate judge's order compelling it to produce nearly 500 documents related to a land exchange dispute, arguing that it failed to establish attorney-client privilege claims.

  • May 29, 2024

    South Baltimore Citizens Call On EPA For Incinerator Relief

    Baltimore has turned a blind eye to South Baltimore residents suffering from respiratory diseases and persistently urging the city to transition away from Maryland's largest trash incinerator to zero-waste infrastructure for dealing with refuse, two environmental groups and a residents group say in an administrative complaint Wednesday.

  • May 29, 2024

    EPA Inspector General Decries Lack Of Funding To Congress

    U.S. Environmental Protection Agency Inspector General Sean W. O'Donnell expressed concern over his office's lack of funding in a report to Congress on Wednesday, saying the 2024 budget is lower than it was 13 years ago, despite increased oversight responsibilities and personnel costs.

  • May 29, 2024

    Wash. Panel Ends Quest Diagnostics' COVID Coverage Quest

    Quest Diagnostics' insurers don't owe the medical testing lab COVID-19-related business loss coverage, a Washington appeals court said, ruling the company failed to show that the presence of the virus resulted in physical loss or damage to its property.

  • May 29, 2024

    9th Circ. Rejects Objections To $23M Monsanto Roundup Deal

    The Ninth Circuit on Wednesday affirmed a district court's approval of a $23 million MDL settlement to resolve claims that Monsanto failed to warn buyers of the carcinogens in its Roundup weed killer, finding there was no indication of collusion as argued by Missouri-based objectors.

  • May 29, 2024

    Texas Judge Bans Using $1.4B Border Wall Funds For Repairs

    A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.

  • May 29, 2024

    No Sanctions Over Drone Video For Houston Cancer MDL Atty

    A state judge said Wednesday that she wasn't planning on sanctioning an attorney representing Houston residents living near a contaminated rail yard for allowing allegedly improper drone videos to be taken over the site despite telling the lawyer that the "miscommunication" with his staff is "really on you."

  • May 29, 2024

    Neoprene Co. Calls EPA Rule Deadline 'Surprise Switcharoo'

    A Louisiana-based neoprene manufacturer is asking the D.C. Circuit to immediately block the U.S. Environmental Protection Agency from enforcing a chemical emissions rule that will directly impact the company.

  • May 29, 2024

    Colombian Court Affirms Fossil Fuel Tax Break Must Stay

    The Constitutional Court of Colombia affirmed its decision to strike down a law denying fossil fuel companies the ability to offset corporate income tax liabilities with deductions for royalty payments despite a severe impact to public finances, the country's president said.

  • May 29, 2024

    8th Circ. Backs Ark. Landowners' Jury Win In Flooding Suit

    The Eighth Circuit has upheld a group of Arkansas landowners' nearly $350,000 jury win in their lawsuit accusing Lawrence County of building a bridge that caused flooding that damaged their crops.

  • May 29, 2024

    Treasury Details Which Tech Would Get Clean Energy Credits

    Treasury released proposed rules Wednesday outlining which technologies would qualify for new zero-emission energy tax credits, saying wind, solar and geothermal are among those that would make the cut.

  • May 28, 2024

    Orsted Inks $125M Deal With NJ Over Scrapped Wind Farms

    Orsted, a Danish wind energy company, has agreed to pay New Jersey $125 million to settle claims over the company's abrupt cancellation last fall of two offshore wind farms.

  • May 28, 2024

    Green Group Says EPA Issued Fraudulent PFAS Report

    The U.S. Environmental Protection Agency lied to the public about the prevalence of what have come to be called "forever chemicals" in certain pesticide products available on the market, according to an advocacy group that has accused the agency of "egregious misconduct."

  • May 28, 2024

    Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision

    A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.

  • May 28, 2024

    White House Looks To Boost Carbon Credit Market Integrity

    The Biden administration on Tuesday released new guidelines for voluntary carbon markets, touting the measures as a foundation for "ambitious and credible climate action" that also attempts to address questions about the integrity of credits that companies use to show a greener footprint.

  • May 28, 2024

    Chevron Confident As Hess Shareholders Approve $53B Deal

    Hess Corp. said Tuesday it has received the necessary stockholder approvals to close its $53 billion sale to Chevron Corp., as Chevron separately expressed confidence that it will prevail in an ongoing dispute with Exxon Mobil Corp. and wrap up the regulatory process soon.

  • May 28, 2024

    States, Greens Want Judgment Over USPS' New Vehicle Plan

    Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."

  • May 28, 2024

    US Property Insurers See Record Investment Income In 2023

    U.S. property and casualty insurers earned a record income of $73.9 billion from their investments in 2023, market analyst AM Best reported Tuesday, a bright spot for an industry beset by underwriting losses connected to natural disasters and high inflation.

  • May 28, 2024

    Groups Fight Calif. AG's Subpoenas In Plastic Waste Probe

    Two chemical and plastic industry groups have accused California Attorney General Rob Bonta of violating their First Amendment rights by demanding they hand over privileged documents as part of an investigation into global plastics pollution, in a pair of complaints filed in D.C. federal court.

  • May 28, 2024

    Tribe Says Enbridge's Trespass Concern Wasted Court's Time

    A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

Expert Analysis

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • EPA Chemical Safety Rule Raises Questions About Authority

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    Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

  • ECHR Climate Rulings Hint At Direction Of Future Cases

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    Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • Opinion

    Cyber Regulators Should Rely On Existing Sources Cautiously

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    New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.

  • DOE Funding And Cargo Preference Compliance: Key Points

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    Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Cos. Must Prepare For Calif. Legislation That Would Ban PFAS

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    Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.

  • Opinion

    Seafarer Detention Under Ship Pollution Law Must Have Limits

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    The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.

  • 10 Tips For ESG Disclosure Compliance In Private Funds

    Excerpt from Practical Guidance
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    As regulators increase scrutiny of misleading claims about environmental, social and governance investments, private fund sponsors should consider several practical tips for communicating accurately with potential investors, drafting comprehensive disclosures and establishing internal policies that can keep pace with evolving compliance requirements, says Jonathan Rash at Ropes & Gray.

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

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