Environmental

  • January 27, 2022

    Geothermal Co. Asks 9th Circ. To Let Plant Project Go Forward

    A Nevada geothermal plant developer has told the Ninth Circuit that it should lift a lower court judge's restraining order keeping it from starting construction, arguing that doing so is necessary to avoid major disruptions to its timeline and ability to meet key deadlines.

  • January 27, 2022

    Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

    A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.

  • January 27, 2022

    Breyer's Most Important Writings About The Environment

    Justice Stephen Breyer announced his retirement Thursday in a ceremony at the White House. Here, Law360 looks at his influence on environmental law during his 27 years on the bench, including an important recent ruling that broadened the Clean Water Act's scope.

  • January 27, 2022

    Fed. Act Seen As Model To Protect Indigenous Sacred Places

    The National Historic Preservation Act of 1966 used to protect Indigenous sacred places in the United States may also serve as a model for the protection of sacred places in other countries, according to a recent report from an independent federal agency.

  • January 27, 2022

    Climate Change Swells Crop Insurance Payouts, Report Says

    Crop insurance payouts for drought and excess precipitation have increased dramatically since 1995, according to an analysis released Thursday of U.S. Agriculture Department data from the Environmental Working Group, which is advocating for climate change-related reforms in Congress' next farm bill.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Biden Admin. Hit With FOIA Suit Over US Border Levee Walls

    Environmental advocacy group the Center for Biological Diversity slammed the U.S. Army Corps of Engineers on Thursday for refusing to hand over public records about the construction of what it says are new U.S.-Mexico border walls on levees along the Rio Grande Valley in Texas, according to a suit filed in District of Columbia federal court.

  • January 27, 2022

    Oakland A's Want Metal Scrapper Sanctioned In Pollution Row

    The Oakland Athletics say the owner of California's largest metal shredding facility should be sanctioned for refusing to turn over documents related to hazardous waste it allegedly spewed into the air, soil and water around West Oakland, in an ongoing battle over a future ballpark's dangerous atmosphere.

  • January 27, 2022

    Irrigators Say FERC, Calif. Wrongly Denied CWA Certificates

    Two California irrigation districts told the D.C. Circuit Court that the Federal Energy Regulatory Commission was wrong to have affirmed the Golden State's rejection of its Clean Water Act Section 401 certification for two hydropower projects just before a one-year statutory deadline expired.

  • January 27, 2022

    Calif. High Court Takes Up Fight Over County's Drilling Bans

    The California Supreme Court has agreed to review a lower court's holding that an approved ballot initiative that would have banned new oil and gas wells, and phased out waste fluid disposal in a county south of San Francisco is preempted by state oil and gas laws.

  • January 27, 2022

    Womble Bond Nabs Reed Smith Environmental Pro

    Womble Bond Dickinson announced Wednesday that it is growing its environmental law practice with the addition of a former Reed Smith LLP attorney as a partner in Houston.

  • January 27, 2022

    Aon Says 2021 Disasters Propelled High Insurable Losses

    Hurricane Ida and other major storms that hit the U.S. in 2021 resulted in the third-costliest year on record for the insurance industry, according to a report from professional services company Aon, which warns that climate change threatens to increase risks.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    EPA Asks Court To OK $1.8M CERCLA Deal For Past Navy Site

    The U.S. government asked a North Carolina federal court to sign off on a deal for the Defense Department to put $1.2 million toward cleaning up the site of an old Navy base while ViacomCBS and two other companies agreed to pay over half a million dollars for pollution tied to cabinet manufacturing.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    FCC Proposes Updates To Telecom Equipment Certification

    The Federal Communications Commission is proposing updates to its rules for certifying radio frequency equipment, which is designed to ensure devices operate without causing harmful interference.

  • January 26, 2022

    US Steel Disputes Enviro Groups' Standing In Sulfur Suit

    U.S. Steel Corp. contended that its Pittsburgh-area facilities’ neighbors didn't have standing to sue over alleged environmental violations following a 2018 fire that knocked out a plant's pollution controls for months, arguing to a federal judge that the offending sulfur and soot could have come from other sources.

  • January 26, 2022

    Feds Hit With ESA Suit Over Offshore Calif. Drilling

    The federal government is underestimating the dangers to endangered species that are posed by oil drilling operations off the California coast and needs to reevaluate those approvals, an environmental group told a federal court Wednesday.

  • January 26, 2022

    Trump NEPA Rule Fight Is A Non-Starter, 4th Circ. Told

    The U.S. Chamber of Commerce and other business groups on Tuesday urged the Fourth Circuit not to revive environmentalists' challenge to a Trump-era rule overhauling the National Environmental Policy Act, backing White House arguments that green groups can't fight a rule that hasn't been implemented.

  • January 26, 2022

    Biden Administration Revokes Approval For Minn. Mines

    The Biden administration on Wednesday revoked an Antofagasta PLC subsidiary's mining leases in Minnesota's Superior National Forest, reversing a Trump-era decision to approve the leases and prompting a threat of legal action from the company.

  • January 26, 2022

    EPA Declines To Switch Up Ethylene Oxide Risk Calculation

    The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

Expert Analysis

  • What Climate Migration Forecast Means For Risk Management

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    Recent reports from international experts confirm that climate change is already causing environmental impacts and spurring migration of affected populations — so organizations must grapple now with how it will affect their operations and increase their risks in coming years, says Austin Pierce at V&E.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • How New Laws Could Tighten FDA Regulation Of Cosmetics

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    Federal legislation on the use of perfluoroalkyl or polyfluoroalkyl substances and other ingredients in cosmetics has a good chance of passing this year, so companies should track policy developments, identify any PFAS ingredients in their cosmetic products, and prepare for possible new safety and reporting requirements, say attorneys at King & Spalding.

  • What Stablecoin Industry Can Expect From Congress In 2022

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    As congressional scrutiny of the crypto-asset industry grows, stablecoin issuers and exchanges should anticipate new legislative proposals and regulatory developments, as well as further inquiries and oversight action, from both parties in Congress this year, say attorneys at Debevoise.

  • What To Do As PFAS Food Packaging Phaseouts Approach

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    Attorneys at Hogan Lovells offer tips on compliance with the transition timeline for the federal phaseout of the chemicals known as PFAS from food packaging, the coming bans in California, New York, Maine, Vermont, Washington, Connecticut and Minnesota, and the states' differing definitions of packaging terms.

  • Interconnection Process Is Key To Calif.'s Green Power Goals

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    If California is to achieve its greenhouse gas goals and procure its desired mix of power generation resources, the California Independent System Operator will need to get better at keeping pace with surging interconnection requests, says Seth Hilton at Stoel Rives.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • Opinion

    Electricity Market Competition Helps Consumers And Climate

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    Lawmakers looking to combat climate change and increase consumer choice should encourage and expand competitive electricity supply markets, to free customers from inefficient and often corrupt vertically integrated monopoly utilities, says Todd Snitchler at the Electric Power Supply Association.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • What Infrastructure Act Means For Transmission Line Projects

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    The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

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