The Ninth Circuit on Wednesday tossed green groups' lawsuit seeking to revive their petition for the U.S. Environmental Protection Agency to create new, stronger Clean Water Act regulations for large animal feeding facilities.
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THURSDAY, OCTOBER 3, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

9th Circ. Won't Force New Factory Farm Water Regs On EPA

By Juan-Carlos Rodriguez

The Ninth Circuit on Wednesday tossed green groups' lawsuit seeking to revive their petition for the U.S. Environmental Protection Agency to create new, stronger Clean Water Act regulations for large animal feeding facilities.

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DC Circ. Urged To Scrap EPA Mercury Rule For Coal Plants

By Tom Lotshaw

States and industry groups fighting a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants told the D.C. Circuit it would impose exorbitant and unjustifiable costs for no public health benefit, and is actually aimed at forcing plants to retire to advance climate goals.

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EPA Settles Suit Over Washington Aquatic Cyanide Rules

By Ali Sullivan

The U.S. Environmental Protection Agency agreed to evaluate Washington state's water quality standards for cyanide pollution, resolving a lawsuit that accused the agency of maintaining lax standards that threaten wildlife.

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U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant

By Matthew Santoni

U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.

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POLICY & REGULATION

Enviro Groups Step Up Effort To Block JBS' US Listing

By Tom Zanki

Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.

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ENFORCEMENT

Former C-Quest Capital CEO Indicted For Carbon Credit Fraud

By Rae Ann Varona

Federal prosecutors in New York on Wednesday announced criminal charges against Kenneth Newcombe, the former chief executive officer of carbon project developer C-Quest Capital, accusing him of scheming to submit altered data relating to cookstove projects abroad to obtain millions of dollars worth of carbon credits.

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LITIGATION

Justices Asked To Short-Circuit Mass. Offshore Wind Project

By Juan-Carlos Rodriguez

Massachusetts residents are telling the U.S. Supreme Court it's the last hope for endangered North Atlantic right whales that were overlooked when the federal government approved a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.

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Enviro Groups Seek To Defend EPA's Veto Of Pebble Mine

By Madeline Lyskawa

A slew of environmental groups have called on an Alaska federal judge to let them defend the U.S. Environmental Protection Agency's decision to block a plan to build the controversial Pebble Mine, saying they want to protect the Bristol Bay headwaters from the mine's "devastating and unavoidable adverse impacts."

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Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties

By Catherine Marfin

Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."

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PEOPLE

Reed Smith Enviro Ace Remembered As Kind Mentor

By James Mills

Todd Maiden, a longtime environmental attorney in Reed Smith LLP's San Francisco office who died last month, was deeply passionate about preserving the environment and enjoyed mentoring young associates. He leaves behind a legacy as the "kindest and gentlest of souls," his former colleagues said.

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EXPERT ANALYSIS

Using Primacy And Recency Effects In Opening Statements

By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

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LEGAL INDUSTRY

These Are The Legal Chiefs Who Command Top Dollar

By Michele Gorman

With the increasingly dynamic role of the top corporate lawyer playing out across sectors — as well as stock awards that far outpace the amounts they see in their salaries and bonuses — the pay packages for most general counsel and chief legal officers continue to stay strong.

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The 2024 Compensation Report: General Counsel

Law360 Pulse looks at the pay of the best-compensated legal chiefs at S&P 500 companies. Find out who’s making the most and which law firms and schools have the most alumni in these high-profile posts.

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SEC's Top Cop Departing After Record-Breaking Tenure

By Jessica Corso

The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.

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NYC Mayor Adams May Face More Charges, Feds Say

By Frank G. Runyeon

Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.

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Bullying In Law Is Pervasive, Drives Turnover, Ill. Attys Say

By Aebra Coe

Nearly a quarter of those who responded to a recent large-scale survey of Illinois lawyers said they had been bullied at work within the last year, with those numbers spiking among women and other traditionally underrepresented attorneys in the profession, a report released Tuesday found.

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Ex-Federal Judge's Sex Misconduct Spurs New Criminal Trial

By Ryan Boysen

The sexual misconduct scandal that toppled a federal judge in Alaska has now caused a criminal conviction to be overturned, despite prosecutors' insistence that the judge's "out-of-court judicial misconduct" had no effect on the trial.

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Progressive Group Staffs Up For Judicial Nominee Fights

By Courtney Bublé

With a little over a month until Election Day, a progressive organization announced a slate of new hires to prepare for judicial confirmation battles and fight for court reform on Wednesday.

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Maine's First Female Federal Judge To Take Semiretired Status

By Courtney Bublé

U.S District Judge Nancy Torresen, the first woman to hold a federal judgeship in Maine, will take semiretired status next year.

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Cahill Adds House Oversight Atty Who Handled Biden Probe

By Rachel Scharf

Cahill Gordon & Reindel LLP announced Wednesday it hired the former head lawyer for the U.S. House Committee on Oversight and Accountability, whose work includes guiding an impeachment probe into President Joe Biden.

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Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery

By Dorothy Atkins

Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."

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Q&A

Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution

By Al Barbarino

While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.

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Tenn. Atty Sues Federal Court, Judges Over Gag Order Rule

By Jack Karp

A rule of the U.S. District Court for the Middle District of Tennessee barring attorneys from making "any extrajudicial statements" about cases pending in the district violates the First Amendment and should be blocked, according to a Nashville civil rights lawyer.

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MSU Halted Paying Legal Bills After Critical Report, Firm Says

By Danielle Ferguson

Michigan State University stopped paying outside counsel to defend its board of trustees chair after an investigative report appeared to support claims the chair bullied colleagues, the counsel said, filing a state complaint seeking two months' worth of fees.

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LAW FIRMS IN TODAY'S NEWS

Ahmad Zavitsanos

Arnold & Itkin

Baker & Hostetler

Baker Botts

Baker McKenzie

Balch & Bingham

Bessenyey & Van

Cahill Gordon

Cashion Gilmore

Covington & Burling

Crowell & Moring

Dorsey & Whitney

Filippatos PLLC

Fish & Richardson

Fried Frank

Gibson Dunn

Hogan Lovells

Hunton Andrews

Jones Day

Kirkland & Ellis

Kushner & Hamed

Marzulla Law

McGuireWoods

Miller & Chevalier

Orrick Herrington

Paul Hastings

Quinn Emanuel

Reed Smith

Seyfarth Shaw

Sheppard Mullin

Steptoe & Johnson PLLC

Summit Law Group

The Miller Law Firm PC (Rochester, MI)

Troutman Pepper

WilmerHale

COMPANIES IN TODAY'S NEWS

Air Alliance Houston

Alphabet Inc.

American Constitution Society

American Express Co.

American Farm Bureau Federation Inc.

Associated Electric Cooperative Inc.

Basin Electric Power Cooperative

Binance Holdings Ltd.

Center for Biological Diversity Inc.

Central Maine Power Co.

Century Capital Management LLC

Citizens for Responsibility & Ethics in Washington

Clean Air Council

Coinbase Global Inc.

CoreCivic Inc.

Delta Air Lines Inc.

Earthjustice

Environmental Integrity Project

Food & Water Watch

Fordham University

Glencore PLC

Google LLC

HP Inc.

Illinois Supreme Court Commission on Professionalism

Institute for Justice

JBS USA Holdings Inc.

Johnson & Johnson

LinkedIn Corp.

Luminant Generation Co. LLC

Michigan State University

Minnkota Power Cooperative Inc.

National Mining Association

National Parks Conservation Association

National Rural Electric Cooperative Association

National Wildlife Federation

Native American Rights Fund Inc.

Natural Resources Defense Council

Netflix Inc.

NorthWestern Energy Group Inc.

Pacific Legal Foundation

Pilgrim's Pride Corp.

Quest Capital

S.A.C. Capital Advisors LP

Sierra Club

State Bar of California

Telefonaktiebolaget LM Ericsson

The Goldman Sachs Group Inc.

Transocean Ltd.

Trillium Asset Management LLC

Trout Unlimited Inc.

United States Steel Corp.

University of Southern California

Vineyard Wind LLC

Western Environmental Law Center

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Ocean Energy Management

Commodity Futures Trading Commission

Federal Bureau of Investigation

Federal Reserve System

Fish and Wildlife Service

Manhattan District Attorney's Office

National Marine Fisheries Service

Texas Medical Board

U.S. Army

U.S. Attorney's Office

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court