Environmental

  • June 29, 2022

    Groups Say Western Oil & Gas Leasing Must Evaluate GHGs

    Environmental advocates sued the U.S. Department of the Interior seeking to invalidate the outcomes of upcoming oil and gas lease sales for plots in eight western states, including the opening of bidding Wednesday for parcels in Wyoming.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    Feds Back Shoshone Tribe's Hunting Rights At 9th Circ.

    The U.S. Department of the Interior on Tuesday added its voice to the Northwestern Band of the Shoshone Nation's request that the Ninth Circuit overturn an Idaho federal judge's ruling that the tribe doesn't have treaty rights to hunt and fish in its aboriginal lands.

  • June 28, 2022

    Enviros Urge Full Speed Ahead For Minn. Mine Challenge

    Five conservation groups, including the Center for Biological Diversity, told a Minnesota federal court Monday to proceed with their bid to block the state's first open-pit copper mine, claiming the project's federal approval "would forever escape judicial review" if their suit is tossed.

  • June 28, 2022

    Water Rights Holders File $68M Ch. 11 Suit Against Alto Maipo

    A Chilean organization that manages water rights near the site of a hydroelectric dam has filed a $68 million adversary suit in the Delaware bankruptcy case of the dam's developer, Alto Maipo, alleging that equipment tests by the debtor lowered water levels and deprived the owners of water access.

  • June 28, 2022

    Enviro Groups Say Texas Refuses To Follow Air Permit Rules

    A cohort of environmental groups petitioned the U.S. Environmental Protection Agency on Tuesday to require Texas' environmental regulator to increase public participation and consider environmental justice impacts during its air permitting program. 

  • June 28, 2022

    4 Firms Steer Canadian Miner's $169M Dual-Listed IPO

    Mining company Ivanhoe Electric Inc. began trading Tuesday after pricing a $169 million dual-listed initial public offering in the U.S. and Canada, guided by four law firms, and marking the first U.S. IPO to raise more than $100 million in nearly seven weeks.

  • June 28, 2022

    Judge Sinks Ore. Logging Operation Over Threat To Seabird

    An Oregon federal judge on Tuesday put a permanent stop to Scott Timber Co.'s attempt to clear-cut trees near Elliot State Forest, ruling the proposed action would harm a small seabird listed as threatened under the Endangered Species Act.

  • June 28, 2022

    DC Judge Lets Utah Into Energy Lease Challenge

    A federal judge has authorized Utah to intervene in a conservation group's bid to overturn 32 oil and gas leases approved by the U.S. Department of the Interior, after state officials said the suit aims to stop government-sanctioned drilling "or, at the very least, drastically curtail its leasing program."

  • June 28, 2022

    DC Circ. Backs FERC's Approval Of $468M Gas Pipeline

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a $468 million natural gas pipeline project, disagreeing with environmental advocates that developers were permitted to collect excessive returns and environmental concerns weren't given proper scrutiny.

  • June 28, 2022

    EPA Can't Justify Lax Airline Greenhouse Gas Rule, Court Told

    Blue states and environmental groups have told the D.C. Circuit that federal rules for airline greenhouse gas emissions are too lax, won't meaningfully address the climate crisis and are an abdication of clear statutory requirements of the Clean Air Act.

  • June 28, 2022

    Daikin Can't Take Bid To End PFAS Claims To Ga. Justices

    A Georgia federal judge has rejected Daikin America Inc.'s bid to ask the state's Supreme Court or the Eleventh Circuit to weigh in on whether it and other manufacturers of per- and polyfluoroalkyl substances could be held liable for water pollution in Georgia.

  • June 28, 2022

    Clean Energy Co. Intersect Gets $750M Boost From 3 Firms

    Three private investment firms are infusing Intersect Power with $750 million to help accelerate the expansion of its clean energy platform, according to a statement Tuesday.

  • June 28, 2022

    Window Co. Settles Lead Paint Violation Allegations With EPA

    A window and door replacement company agreed to pay a civil penalty to resolve allegations brought by the U.S. Environmental Protection Agency that it violated a federal lead paint rule for work done out of a Northeast Ohio location, the EPA said Monday.

  • June 28, 2022

    Chancery Urged To Consider Firms' Bid To Lead Ionis Suit

    An Ionis Pharmaceuticals Inc. investor is urging a Delaware vice chancellor to consider his bid to consolidate two suits and have his counsel lead litigation filed over allegedly excessive company director pay, arguing that the request should be considered even though a settlement is already pending in one of the suits.

  • June 28, 2022

    Ga. Judge Won't Rethink Pond Pollution Coverage Ruling

    A Georgia federal judge doubled down Tuesday on his ruling that a subdivision developer's insurance policy doesn't cover its alleged pollution of a nearby pond, rejecting its bid to amend or alter a final judgment in favor of the insurer.

  • June 27, 2022

    Biofuel Group Fights Blending Pass For Refiners At DC Circ.

    A biofuel trade association is accusing the U.S. Environmental Protection Agency of wrongfully affording small refiners a get-out-of-jail-free card by not requiring them to honor past years' biofuel mixing requirements even after the refiners' exemption requests were denied.

  • June 27, 2022

    Biden Admin. Beats Suit Over Paused Owl Habitat Rollback

    A D.C. federal judge has tossed a lawsuit aimed at forcing the Biden administration to implement a Trump-era rule removing a large part of forestland in the Pacific Northwest from areas deemed critical to protecting the northern spotted owl.

  • June 27, 2022

    La. Enviro Agency Can't Join Pollution Suit, 5th Circ. Told

    The Louisiana Department of Environmental Quality can't be sued for allegedly failing to inform landowners about pollution at a valve plant because the law doesn't allow tort claims against state agencies, Dresser LLC, Baker Hughes and others have told the Fifth Circuit.

  • June 27, 2022

    Mineral Processor Says Enviro Consultant Botched Reports

    A mineral processing company says it had to spend $800,000 on remediating environmental problems its environmental consultant failed to note in a site assessment and compliance review for facilities it purchased.

  • June 27, 2022

    PacifiCorp Can't Keep Fire Claims In Federal Court

    A fight between PacifiCorp and California and Oregon residents over wildfire damages has been sent back to state court after a judge determined that the forest where the blaze started isn't a federal enclave over which federal courts have jurisdiction.

  • June 27, 2022

    Biden Orders Agencies To Rein In Illegal Fishing Practices

    President Joe Biden moved to crack down on fishing practices that threaten ocean health, directing federal agencies Monday to fully leverage their regulatory and diplomatic powers to curb illegal, unreported and unregulated fishing.

  • June 27, 2022

    NY Wind Project Inks Whale Protection Deal With Advocates

    The developers of New York's first offshore wind farm have committed to take steps to protect the endangered North Atlantic right whale in a voluntary agreement with a trio of conservation groups, according to an announcement Monday.

  • June 27, 2022

    Sustainability Group Sees 'Clear' US Progress On Climate Risk

    U.S. financial regulators have made big strides over the past year in moving to monitor and mitigate the risks that climate change poses to the financial system, but they're still way behind some of their peers internationally, according to a report released Monday by an influential sustainability group.

  • June 27, 2022

    9th Circ. Keeps Calif. Climate Change Cases In State Courts

    The Ninth Circuit on Monday stood by its decision that climate change suits brought by local governments in California against fossil fuel companies belong in state court.

Expert Analysis

  • Investment Adviser ESG Lessons From BNY Mellon Case

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    With the U.S. Securities and Exchange Commission's recent $1.5 million settlement with BNY Mellon over environmental, social and governance disclosure violations, we appear to be at the dawn of a new era of enforcement — which means investment advisers should take new compliance steps, say attorneys at Saul Ewing.

  • Texas Infrastructure Act And Renewables Projects: 1 Year In

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    A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • DOT Standards For EV Chargers Address Key Public Concerns

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    The U.S. Department of Transportation's recently proposed standards for public electric vehicle charging infrastructure reflect the Biden administration's continued effort to encourage EV deployment in the U.S. markets — and speak to some of the most important concerns of EV consumers relating to charging, say Levi McAllister and Maggie Curran at Morgan Lewis.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Case For Company-Directed Offensive ESG Litigation

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    Rather than treat environmental, social and governance litigation as a source of liability, there is a serious benefit for companies and their lawyers to evaluate and pursue offensive ESG litigation, says Bob Koneck at Woodsford.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • An Early Step Toward Regulation Of Carbon Offset Market

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    A recent convening held by the Commodity Futures Trading Commission highlighted a need for greater transparency in voluntary carbon markets and for standardization of what constitutes a good or high-quality carbon offset, as well as the CFTC's potential role in regulating the market, say Levi McAllister and Pamela Tsang Wu at Morgan Lewis.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • EU Hydrogen Plans: Infrastructure And Regulatory Challenges

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    As interest grows in hydrogen import and distribution infrastructure in the European Union, project developers and potential end users need to evaluate possible midstream bottlenecks, and track the EU's evolving hydrogen regulatory framework, say Dan Feldman and Natalya Pilbeam at Shearman.

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