Environmental

  • March 05, 2021

    Roundup Claimants Slam 'Frankenstein-ian' $2B Bayer Deal

    Hundreds of attorneys and several consumer and legal advocacy organizations on Friday joined dozens of putative class members in the Roundup product liability case in urging a California federal judge not to approve a proposed $2 billion deal to settle claims that the weedkiller causes cancer, saying the "anemic" settlement benefits Monsanto and its parent company Bayer AG more than sick plaintiffs.

  • March 05, 2021

    DC Circ. Won't Review EPA's Emissions Record-Keeping Rule

    The D.C. Circuit said Friday it won't consider the legality of a U.S. Environmental Protection Agency rule that allows polluters to skip keeping records if their projected emissions fall below a certain threshold, saying the agency adequately explained itself already.

  • March 05, 2021

    Enviros Win Access To Offshore Drilling Policy Rollback Docs

    A Louisiana federal magistrate judge has ordered the federal government to turn over all documents related to a Trump administration decision to roll back offshore drilling rules put in place in the wake of the Deepwater Horizon disaster, calling out the government's "caginess" about information underlying the change. 

  • March 05, 2021

    US Lawmakers Say Energy Policy Rifts Are Already Clear

    Congressional leaders on Friday said partisan divides on energy policy during the Biden administration have already emerged and may only deepen as the president pushes to combat climate change.

  • March 05, 2021

    'Cynical' Innogy Can't Duck $70M Wind Farm Suit, Court Told

    The seller of a wind farm project says the buyer, Innogy, is unjustly trying to keep $70 million worth of tax credits by taking advantage of deadline leniency under the COVID-19 pandemic and manipulating the construction schedule to miss contractual deadlines.

  • March 05, 2021

    Duval Real Estate Leaders Hope NYC Will Loosen Restrictions

    New York City is primed to offer a new clean energy financing option for developers, and real estate leaders at Duval & Stachenfeld hope this will be part of a broader move to loosen regulations and encourage more development. This is the second in a five-part series of Q&A's with female real estate leaders during Women's History Month, a year into the COVID-19 pandemic.

  • March 05, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Scotland's ferry services sue its insurer, Britain's new high-speed rail service face another contract challenge and an ex-Qatari prime minister's company hit with a new suit. Here, Law360 looks at those and other new claims in the U.K.

  • March 05, 2021

    Watchdog Urged To Look Beyond Prices To Fight Climate Risk

    Europe's insurance regulator should take into consideration factors including the action that companies are taking to prevent climate change rather than focus solely on the pricing of cover in regulation on sustainability, according to the sector's trade body.

  • March 05, 2021

    Firms Leveraging Climate Change Know-How To Win Clients

    Law firms are vying to establish themselves as experts on how climate change impacts an ever-expanding array of client interests, putting new spotlights on the work of environmental and energy lawyers who are teaming with disparate practice groups to deliver holistic climate advice.

  • March 04, 2021

    2nd Circ. Vacates Sanctions For Donziger In Chevron Case

    A divided Second Circuit panel on Thursday overturned $666,476 in sanctions against Steven Donziger, who helped secure a fraudulent $9.5 billion judgment against Chevron Corp. in Ecuador, saying confusing constraints imposed on his fundraising activity undermined the penalty.

  • March 04, 2021

    Barrett's 1st Opinion Draws Dissent In Break With Tradition

    Justice Amy Coney Barrett issued the first majority opinion of her U.S. Supreme Court career Thursday, siding against the Sierra Club in a Freedom of Information Act case that sparked a dissent from two of the court's liberal justices.

  • March 04, 2021

    Utilities Not Ready To Ditch Gas, Nuclear In Net-Zero Push

    U.S. utility executives on Thursday said they're fully on board with the power sector's accelerating clean-energy transition, yet they insisted traditional fuels like natural gas and nuclear power still have roles to play in a decarbonized electric grid.

  • March 04, 2021

    GableGotwals Nabs Long-Serving DOJ Attorney Trent Shores

    Former U.S. Attorney for the Northern District of Oklahoma and longtime Justice Department attorney Trent Shores is joining GableGotwals' Tulsa office as a shareholder, the firm has announced.

  • March 04, 2021

    Fieldwood Accused Of Trying To Duck Well Cleanup Cost

    Another former owner of bankrupt oil exploration company Fieldwood Energy LLC oil and gas leases has asked a Texas bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying it is trying to foist off the expense of cleaning up abandoned wells.

  • March 04, 2021

    Climate Adviser McCarthy Touts Biden's Sweeping Vision

    President Joe Biden's National Climate Adviser Gina McCarthy on Thursday gave details about the administration's sweeping approach to climate change, saying the government will pursue carbon reduction projects like more electric vehicle charging stations but still sees the value in traditional energy sources like oil and gas.

  • March 04, 2021

    9th Circ. Vacates Water Pollution Conviction, Orders New Trial

    The Ninth Circuit Thursday reversed a man's conviction for allegedly violating federal water protection law by directing construction companies to dump debris on protected land, finding the government must prove he knew the site was considered "waters" to be found guilty.

  • March 04, 2021

    Judge Who Lost Election Won't Be DQ'd From Harvey MDL

    A Texas appellate court on Thursday refused to disqualify a pretrial judge assigned to work on multidistrict litigation related to Hurricane Harvey flooding, rejecting an argument that because the judge lost an election she should not be allowed to preside.

  • March 04, 2021

    Group Says Feds Delaying Protection For Hawaiian Bird

    The Center for Biological Diversity is asking a federal judge in Hawaii to force the U.S. Fish and Wildlife Service to protect the habitat of a native bird on the verge of extinction.

  • March 04, 2021

    Enviros Can't Sue Feds Over SC Crab Harvests, Judge Told

    Environmentalists can't sue the U.S. government over horseshoe crab hunting at a South Carolina wildlife refuge because the lease for the area specifically excludes the matter from federal jurisdiction, a pharmaceutical company says.

  • March 04, 2021

    SEC Task Force Will Use Data, Tips To Uncover ESG Violations

    The U.S. Securities and Exchange Commission said Thursday it has created a new task force to clamp down on environmental, social and governance-related disclosure violations, a move that drew an immediate rebuke from two Republican commissioners who suggested the enforcement initiative was premature without any changes to existing rules.

  • March 04, 2021

    Magellan Says It's Not Obligated To Remove Ammonia Pipeline

    Magellan Midstream Partners has told an Oklahoma federal court it should dismiss a landowner's claims it is trespassing on his land by not removing an ammonia pipeline, telling the court it has not abandoned the pipeline, and even if it had, the easement it holds does not expire.

  • March 04, 2021

    Senate Panel Approves Haaland For Interior Secretary

    The Senate Committee on Energy and Natural Resources voted on Thursday to advance the nomination of New Mexico congresswoman and Pueblo of Laguna member Deb Haaland as U.S. Department of the Interior secretary, putting her on the verge of becoming the first Native American to run a cabinet department.

  • March 04, 2021

    Supreme Court Blocks Release Of Power Plant Rule Docs

    The U.S. Supreme Court on Thursday overturned the Ninth Circuit's finding that the federal government was required to turn over documents concluding that a proposed U.S. Environmental Protection Agency regulation for power plant cooling was likely to put protected species at risk.

  • March 03, 2021

    Kaepernick's ESG-Focused Blank-Check Biz Raises $300M

    A blank-check company sponsored by former NFL quarterback Colin Kaepernick started trading Wednesday after raising $300 million in an Ellenoff Grossman-led initial public offering.

  • March 03, 2021

    Appeals Board Says BAE's Army Cost Dispute Is Timely

    The Armed Services Board of Contract Appeals has denied the U.S. Army's bid to toss BAE System's cost adjustment claims related to environmental conditions at an ammunition plant, saying a circuit court decision hadn't changed the law to make the appeal untimely.

Expert Analysis

  • Opinion

    IRS Should Level The Field For R&D Tax Credits

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    A recent increase in denials of research and development tax credits to small businesses in the architectural, engineering and construction community shows the Internal Revenue Service should issue new guidance to ensure a fair playing field and an opportunity to continue innovating in the U.S., says Julio Gonzalez at Engineered Tax Services.

  • Musk's Crypto Tweets Likely Didn't Violate SEC, CFTC Rules

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    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission will be hard-pressed to argue Tesla CEO Elon Musk's recent tweets about cryptocurrencies amounted to illegal communication of material information to investors, or constituted market manipulation, say Kenneth Breen and Phara Guberman at Paul Hastings.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • Renewable Energy Cos. Need New Risk Management Tools

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    As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Clean Water Act Ruling Could Obstruct Future Permitting

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    A Minnesota federal court's recent ruling that the U.S. Environmental Protection Agency must review applications for federally licensed discharges issued under the Clean Water Act to determine water quality effects in other states could complicate the permitting process, says David Fotouhi at Gibson Dunn.

  • Keys To Carbon Neutral Oil And LNG Transactions: Part 2

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    The parties to a carbon neutral oil or liquefied natural gas transaction must agree upon the source and quality of the carbon offset units used in the deal, as well as on any transaction-specific verification protocols and carbon footprint methodologies, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Keys To Carbon Neutral Oil And LNG Transactions: Part 1

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    Carbon neutral oil and liquefied natural gas transactions can make oil and LNG more environmentally competitive with renewable energy, but participants must pay close attention to the cost of carbon offsets involved, and applicable regulations around carbon trading and marketing claims, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Financial Institutions Must Prepare For Climate Regulations

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    Banking regulators will likely start issuing regulations and guidance on assessing climate-related risks soon, so bank directors and senior management must incorporate climate change into their risk assessments and mitigation frameworks, say attorneys at Arnold & Porter.

  • EPA Hazardous Pharma Waste Rule Has Wide Reach

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    The U.S. Environmental Protection Agency's soon-to-be-effective rule on hazardous waste pharmaceuticals may seem only relevant to health care entities, but its sweeping definitions could cover any business that dispenses over-the-counter medicines, say Andrew Stewart and Anushka Rahman at Sidley Austin and Renée van de Griend at Ramboll.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

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