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Environmental
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June 13, 2024
Chinese Officials Promise Response On EV Tariffs
A Chinese Foreign Ministry official told reporters on Thursday that Beijing "will take all measures necessary" to combat planned European Union tariffs on its electric-vehicle exports, after Brussels announced preliminary countervailing duty rates of up to 38.1%.
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June 13, 2024
Monsanto Can't Plead Ignorance On PCB Pollution, Cities Say
Chicago suburbs looking to hold Monsanto and related businesses accountable for their financial share of reducing pollutants in water that flows into Lake Michigan urged an Illinois state court to keep their case alive, arguing the companies should have known about the dangers of the chemicals in products.
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June 13, 2024
Chamber Asks DC Circ. To Reject EPA's PFAS Designation
Three business groups, spearheaded by the U.S. Chamber of Commerce, have gone to the D.C. Circuit to challenge the U.S. Environmental Protection Agency's recent decision to declare two "forever chemicals" to be hazardous materials under federal law.
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June 13, 2024
Norfolk Southern Slams Bid To Seal Reports In Derailment Suit
Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.
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June 13, 2024
Tribes Fight BC's Consultation Policy On Aboriginal Rights
Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.
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June 13, 2024
Tesla Shareholders Approve Musk's Compensation Package
Tesla's shareholders voted to approve a multibillion-dollar compensation plan for CEO Elon Musk, the company's top lawyer announced Thursday during a meeting in which investors also approved moving the company's incorporation from Delaware to Texas.
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June 13, 2024
Green Groups Challenge EPA Approval Of La. Well Authority
The U.S. Environmental Protection Agency's decision to give Louisiana authority over some underground injection wells, which can be used for carbon capture and sequestration, violated the Safe Drinking Water Act, green groups said in a new lawsuit.
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June 13, 2024
Ford Asks To Defend EPA's Heavy-Duty Truck Emissions Rule
Ford Motor Co. has urged the D.C. Circuit to let it intervene in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emissions standards for heavy-duty vehicles such as delivery trucks, dump trucks, public utility trucks and buses.
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June 13, 2024
FERC Gains Full Bench With 3rd Nominee Confirmation
The U.S. Senate on Thursday confirmed former Massachusetts Undersecretary for Energy and Climate Solutions Judy W. Chang to fill a vacant commissioner slot at the Federal Energy Regulatory Commission, giving the agency a full complement of five commissioners.
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June 13, 2024
Ex-DLA Piper Atty, Md. Registered Lobbyist Joins Saul Ewing
A longtime DLA Piper attorney and registered lobbyist with more than 30 years backing clients before Maryland regulators is joining Saul Ewing LLP, the firm has announced.
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June 13, 2024
Trade Groups Join EPA Vehicle Emissions Rule Fight
A coalition of trade associations and auto dealers on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's final rule requiring reductions in greenhouse gas emissions from cars, trucks and vans.
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June 13, 2024
6th Circ. Skeptical Of Takings Theory In Mich. Dam Collapse
Property owners whose homes were damaged in flooding caused by a hydroelectric dam collapse met pushback from Sixth Circuit judges Thursday, in their case arguing local governments must compensate them for their losses under a Fifth Amendment takings theory.
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June 12, 2024
Senate Confirms 2 FERC Nominees, Puts 3rd Nominee On Deck
The U.S. Senate on Wednesday confirmed two nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission and scheduled a Thursday vote for a third nominee.
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June 12, 2024
Tribes Say Court Must Examine Spill Risks In Gold Mine Row
Half a dozen tribes that oppose a large open-pit gold mine along the Kuskokwim River in southwest Alaska have urged a federal judge to vacate a U.S. Army Corps of Engineers authorization for the project, saying the government has wrongly interpreted environmental concerns.
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June 12, 2024
Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say
Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.
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June 12, 2024
EPA Tells DC Circ. Emissions Rules Should Stay In Place
The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.
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June 12, 2024
GOP, Dems Fight Over Climate Investment 'Collusion'
House Judiciary Democrats and Republicans traded barbs and competing staff reports Wednesday over investment industry initiatives to combat climate change that the GOP called a "climate cartel" and their partisan rivals said is simply responsible, and voluntary, investing.
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June 12, 2024
Lumen Board Faces Investor Suit Over Lead Cable Liability
The board members of Louisiana-headquartered telecommunications company Lumen Technologies Inc. face a shareholder derivative suit alleging they breached their fiduciary duties following revelations about, and subsequent scrutiny of, lead components of the company's physical cable networks.
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June 12, 2024
SPAC Dealmakers Expect Modest Pickup After Market Bottom
Market professionals expect a slow pickup in deals involving special-purpose acquisition companies starting in the second half of 2024, predicting on Wednesday that a leaner market will emerge following the recent crash and imposition of tighter regulations.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
'Natural' Toothpaste Brand Loaded With PFAS, Moms Say
Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.
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June 12, 2024
Energy Co. Says Specialist Can't Get Arbitration Exemption
A Houston natural gas company told a Texas appellate court Wednesday that an environmental specialist injured in a pipeline explosion isn't covered by an exemption for interstate commerce work in the Federal Arbitration Act, arguing that allowing him to claim the exemption would be akin to allowing a janitor to do the same.
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June 12, 2024
Matador Paying $1.9B For EnCap Delaware Basin Assets
Dallas-based Matador Resources Co. has agreed to pay just over $1.9 billion for a subsidiary of the EnCap Investments portfolio company Ameredev II Parent, taking control of oil and natural gas producing properties across the Delaware Basin.
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June 12, 2024
EPA Urges DC Circ. To Uphold Chemical Rule Deadline
The U.S. Environmental Protection Agency on Tuesday asked the D.C. Circuit to reject a Louisiana-based neoprene manufacturer's bid to immediately block the EPA from enforcing a chemical emissions rule that will directly affect the company.
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June 11, 2024
Tyco's $750M PFAS Deal In Foam Co. MDL Gets Initial OK
A South Carolina federal judge gave his blessing Tuesday to the $750 million settlement Johnson Controls International PLC subsidiary Tyco Fire Products LP entered to resolve public water systems' federal claims that some forever chemicals they detected in their supplies came from firefighting foam it made.
Expert Analysis
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Wiretap Use In Cartel Probes Is Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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State Procurement Could Be Key For Calif. Offshore Wind
A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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A Deep Dive Into The Evolving World Of ESG Ratings
Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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EU Directive Significantly Strengthens Enviro Protection
The recently revised European Union directive on environmental protection significantly strengthens its prior legislation and broadens the scope of environmental crime through the introduction of offenses for conduct resulting in severe damage, say Katharina Humphrey and Julian Reichert at Gibson Dunn.
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How Act 126 Will Jump-Start Lithium Production In Louisiana
Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.
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Legal Battles Show Brands' Dilemma In Luxury Resale Trend
Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.