Environmental

  • July 30, 2021

    Sauk-Suiattle Tribe Says Seattle's Dam Illegally Blocks Fish

    The Sauk-Suiattle Tribe sued Seattle and its public utility division in a Washington federal court for operating a dam northeast of the city, which the tribe says unlawfully blocks fish from reaching its property and interferes with its property rights.

  • July 30, 2021

    DOI Wants 9th Circ. Redo Of Navajo Nation River Policy Suit

    The U.S. Department of the Interior on Thursday asked the Ninth Circuit to reconsider its decision to revive a Navajo Nation lawsuit over how much Colorado River water it should receive and make a plan for securing it.

  • July 30, 2021

    TC Energy Can't Kill Suit Over Nixed Keystone XL Pipeline

    The fight over the now-defunct Keystone XL pipeline isn't over just because the project's developer has thrown in the towel, a Montana federal judge said Friday in an order denying a motion to dismiss.

  • July 30, 2021

    Experts Tapped To Hear Malaysia Palm Oil Fight Against EU

    Three trade law experts were tapped by the World Trade Organization's director-general to fill a panel that will hear Malaysia's challenge to a European Union plan phasing out palm oil-based biofuels, according to a notice published Friday.

  • July 30, 2021

    Calif. Report Mulls Novel Insurance For Climate Change Fight

    California's residents are struggling with higher insurance costs due to wildfires and rising temperatures, but some experts see hope in recommendations to the state insurance department for a first-of-its-kind climate insurance that could potentially encourage measures to curb the effects of a warming planet.

  • July 30, 2021

    Bridgepoint Buys Stake In $1B Sustainability-Focused Firm

    Bridgepoint snagged a minority stake in ACT in a deal announced Friday that values the sustainable-energy-focused company at $1 billion. 

  • July 29, 2021

    Judge Says Zoom Formal Attire Optional, But Clothing A Must

    A Texas federal magistrate judge on Wednesday told attorneys representing parties in litigation over the Keystone XL Pipeline that they're not required to wear formal attire when they appear before him in an upcoming virtual hearing on Zoom, but offered a friendly reminder that some form of clothing is required.

  • July 29, 2021

    Ill. Justices Sink Energy Co.'s Suit Over Ex-Execs' Departure

    The Illinois Supreme Court ruled Thursday that a lower court wrongly revived an energy company's claim that two of its former business developers usurped a corporate opportunity for a power plant project because the project ultimately failed.

  • July 29, 2021

    4th Circ. Revives NC's Air Emissions Fee Suit Against Feds

    The Marine Corps can't dodge a civil penalty imposed by North Carolina for violating emissions caps at one of its coal-fired boilers in the state, the Fourth Circuit ruled, determining the Clean Air Act waives sovereign immunity for penalties.

  • July 29, 2021

    Idaho Says Shoshone Band Can't Claim Treaty Hunting Rights

    Idaho has asked a federal judge to toss the Northwestern Band of the Shoshone Nation's hunting and fishing rights suit, saying that two other federally recognized tribes, but not the Band, are protected by an 1868 federal treaty.

  • July 29, 2021

    House OKs $15.6B DOI Budget With $4B For Tribal Programs

    The House on Thursday approved a $15.6 billion budget for the U.S. Department of the Interior, including $4 billion to increase spending for tribal health, housing, environmental and education programs.

  • July 29, 2021

    House Approves $19B Boost For DOT Budget

    The U.S. Department of Transportation could see its budget bumped up to $105.7 billion to expand safety programs and fund highway, rail, transit and climate-focused infrastructure projects as part of a sprawling spending package the U.S. House of Representatives approved Thursday.

  • July 29, 2021

    4 Areas EPA Could Expand With House's 23% Budget Boost

    With the House approving its biggest budget boost in a decade, the U.S. Environmental Protection Agency is potentially poised to go on a hiring spree, increase its funding for programs at the state and tribal level, ramp up enforcement efforts and expand its commitment to environmental justice issues.

  • July 29, 2021

    Biden Admin. Agrees To Crack Down On Upwind Air Pollution

    The Biden administration on Thursday agreed to conduct long-neglected reviews of how certain states' pollution plans affect their downwind neighbors, after New York and other East Coast states claimed the delays are forcing millions of people to breathe dirty air.

  • July 29, 2021

    Tribes Get OK To Join Fight Over Nevada Lithium Mine

    A Nevada federal judge has found that two tribal communities have the right to intervene in a lawsuit seeking to halt progress of a disputed lithium mine project, dismissing the objections of a Canadian mining company.

  • July 29, 2021

    Mine Sues Neighbor After Flooding Cut Off Silver Access

    An Idaho mining company has claimed in federal court that decades-old mismanagement at a neighboring mine caused the lower levels of its own mine to flood with highly contaminated water, preventing it from accessing as much as $82 million worth of silver ore and damaging its property. 

  • July 29, 2021

    Energy Cos. Expand Arguments For RI Climate Suit Removal

    Major energy companies targeted in a Rhode Island climate change liability suit have expanded their arguments before the First Circuit that the case belongs in federal court, months after the Supreme Court breathed new life into their effort to stay out of state court.

  • July 29, 2021

    Bayer To Set Aside Another $4.5B For Future Roundup Claims

    Bayer AG's CEO told investors in a call Thursday morning that the company is setting aside an additional $4.5 billion to cover its potential exposure for future claims from plaintiffs alleging they developed cancer after using its Roundup weedkiller.

  • July 29, 2021

    Nikola Founder Charged In NY With Lying To Raise Billions

    The Manhattan U.S. attorney's office unveiled fraud charges against Nikola Corp. founder and onetime chairman Trevor Milton on Thursday, accusing him of lying to investors about his company's ability to build an electric- and hydrogen-powered truck, dubbed the Badger, and unlawfully raising billions of dollars.

  • July 28, 2021

    Senate Votes To Debate $1.2T Bipartisan Infrastructure Bill

    The U.S. Senate voted Wednesday to move forward with debate on an estimated $1.2 trillion infrastructure proposal after a bipartisan group of senators reached a deal earlier in the day on major outstanding issues in a scramble to finalize legislation comprising key parts of President Joe Biden's economic agenda.

  • July 28, 2021

    4 Firms Seek To Lead Virgin Galactic Investor Suit

    Four law firms are competing to represent a proposed class of investors who claim the space tourism enterprise Virgin Galactic failed to explain the classification of certain investment instruments after it combined with a special purpose acquisition company in October 2019.

  • July 28, 2021

    Alaskan Tribe Urges 9th Circ. Not To Find Drill Suit Moot

    Environmental groups and an Alaskan tribe urged the Ninth Circuit Wednesday not to find their lawsuit against the Bureau of Land Management moot, saying their challenge to a ConocoPhillips oil and gas exploration program is viable despite one circuit judge asking "what's the point" of the appeal when regulations are about to change.

  • July 28, 2021

    9th Circ. Tosses Challenge To Calif. Desert Hydro Project

    The Ninth Circuit on Wednesday rejected an environmental group's claim that the Federal Regulatory Energy Commission improperly extended the deadline for a California hydroelectric project to begin construction.

  • July 28, 2021

    Trade Court Still Unconvinced By Solar Cell Duty Calculations

    A U.S. Court of International Trade judge on Wednesday shredded the government's attempt to justify its use of nitrogen price data from Thailand to value the product in Chinese solar cells, remanding the agency's determination for a fourth time.

  • July 28, 2021

    SEC's Climate Disclosure Plans At Odds With Big Tech Wishes

    The chair of the U.S. Securities and Exchange Commission said Wednesday that the agency could require companies to disclose climate-related risks on their annual 10-K reports, a move that would fly in the face of big tech firms, including Amazon and Facebook, which directly opposed such measures in a letter to the agency.

Expert Analysis

  • What To Expect Under New SEC Enforcement Director Grewal

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    Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

  • White House Vision For Carbon Capture Faces Obstacles

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    A recent White House Council on Environmental Quality report suggests policies that could bolster carbon capture and storage projects in the U.S., but federal and state regulators and the private sector will face red tape, environmental justice concerns and other challenges in expanding CCS infrastructure, say Ethan Shenkman and Sarah Grey at Arnold & Porter.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Green Investments Are Not Immune To ESG Scrutiny

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    As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Methane Rule Changes Add Complexity For Oil And Gas Cos.

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    President Joe Biden's recent move to reinstitute regulation of methane under the federal New Source Performance Standards, thus rolling back changes made by the prior administration, creates additional compliance challenges for oil and gas transportation and storage companies, say Whit Swift and Brittany Pemberton at Bracewell.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Justices' Biofuel Exemption Ruling Boosts Small Refineries

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    The U.S. Supreme Court's recent decision in HollyFrontier Cheyenne Refining v. Renewable Fuels Association, enabling the revival of lapsed exemptions from biofuel requirements under the Clean Air Act, gives small oil refineries added flexibility, says Scott Press at Goldberg Segalla.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • 5 Steps For Legal Teams To Mitigate Industrial Cyber Risk

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    While cyberattacks on critical infrastructure and other industrial systems present distinct legal risks from traditional enterprise cybersecurity, legal teams can draw upon familiar risk management practices to strengthen their industrial cybersecurity posture, say Stephen Lilley and Veronica Glick at Mayer Brown and Ben Miller at Dragos.

  • Nuclear Energy And Environmental Justice In The Biden Era

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    While President Joe Biden's greenhouse gas reduction goals create a major opportunity for the nuclear energy sector, the administration's environmental justice initiatives mean that the industry must be conscious of its impacts on the communities where it operates, say Benjamin Wilson and Hilary Jacobs at Beveridge & Diamond.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 3 Roadblocks Facing Electric Vehicle Adoption In US

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    While a flurry of auto manufacturers recently committed to all-electric fleets in the coming decades, widespread electric vehicle adoption in the U.S. faces critical challenges, and addressing these issues will require both political will and funding at the federal level — neither of which is guaranteed, says Kevin Chen at Foley Hoag.

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