Environmental

  • October 10, 2024

    Georgia Judge Rejects Extension Of Voter Registration Again

    A Georgia federal judge has shut the door on a last-ditch bid to extend Georgia's voter registration deadline thanks to disruptions from Hurricane Helene, saying Thursday that the civil rights groups pushing for the change couldn't show their members or voters had faced significant disenfranchisement.

  • October 10, 2024

    $273M Hurricane Relief Bill Is 'First Step,' NC Gov. Says

    North Carolina Gov. Roy Cooper on Thursday signed a $273 million measure to fund relief and recovery efforts after Hurricane Helene tore through the state in September, causing devastating floods and widespread power outages and killing at least 91 people in 20 counties.

  • October 10, 2024

    Housing Nonprofit Hits NY Town With Disability Bias Suit

    A housing nonprofit has claimed in New York federal court that local officials stopped the construction of an affordable housing project in the Hamptons because a lot of the units would go to people with mental health disabilities and military veterans, who would receive supportive services.

  • October 09, 2024

    Alaskan Tribes Ask Court To Reconsider Gold Mine Ruling

    A group of Alaskan tribes is urging a federal district court to reconsider its ruling that two U.S. government agencies did not take a realistic look at the potential spill risks associated with a large open-pit gold mine, arguing that it erred in its determination concerning the project's barge traffic.

  • October 09, 2024

    Ga. Judge Won't Extend Voter Registration After Helene

    Would-be voters in the Peach State won't get an extra week to register for the November 2024 election — at least not yet — after a Georgia federal judge said Wednesday she hadn't seen sufficient support for the claim that registrations were significantly hampered by the destruction caused by Hurricane Helene.

  • October 09, 2024

    Wash. Justices To Weigh $185M PCB Case Against Monsanto

    The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.

  • October 09, 2024

    SF Leaders Not Backing City's High Court Case Against EPA

    With oral arguments just a week away, the San Francisco Board of Supervisors on Tuesday passed a resolution urging the city attorney to drop a U.S. Supreme Court case against the U.S. Environmental Protection Agency over a Clean Water Act permit.

  • October 09, 2024

    Texas Electric Co-Op Says EPA Mercury Rule Must Be Nixed

    A Texas electricity co-operative on Tuesday backed a D.C. Circuit challenge to a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants, saying the agency fudged data to saddle the co-op with unachievable emissions reduction requirements.

  • October 09, 2024

    Ag Groups Defend Farm Emissions Reporting Exemption

    Agricultural industry groups called on a Washington, D.C., federal judge to toss green groups' claims alleging the U.S. Environmental Protection Agency overstepped its authority in exempting factory farms from pollution-reporting requirements, arguing the agency merely implemented Congress' command.

  • October 09, 2024

    Louisiana Judge Reopens EPA's Enforcement Against Denka

    A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.

  • October 09, 2024

    EPA Will Clean Up 7 Abandoned Mines On Navajo Land

    The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.

  • October 09, 2024

    Ex-NC Govs. Back Cooper In Power Struggle With Lawmakers

    Five former governors of North Carolina have thrown their support behind the current Democratic governor as he wrestles with Republican lawmakers over appointment powers, telling the state appeals court that the legislature has trampled on "a bedrock constitutional principle" by seeking to divest the governor of his ability to select members of executive branch agencies.

  • October 09, 2024

    47 Members Of Congress Urge EPA To Ban Paraquat

    Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."

  • October 08, 2024

    NY Discharge Law Usurps Feds, Nuclear Plant Owner Says

    The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.

  • October 08, 2024

    Texas Looks To Sink Suit Challenging Anti-ESG Law

    Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    GOP, Trade Groups Urge 6th Circ. To Void Highway GHG Rule

    Republican lawmakers and construction trade groups are urging the Sixth Circuit to snuff out for good a U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • October 08, 2024

    Enviro Groups Seek To Overturn Nuclear Plant Renewal Rules

    Anti-nuclear power groups are challenging new nuclear power plant license renewal rules from the Nuclear Regulatory Commission, telling the D.C. Circuit on Monday that the changes violate federal environmental protection law.

  • October 08, 2024

    Coolant Cos. Challenging HFC Rules Meet Skeptical DC Circ.

    A D.C. Circuit panel Tuesday seemed dubious of coolant industry challenges to the U.S. Environmental Protection Agency's omission of 2020 market data in calculating the agency's framework for phasing down climate-harming hydrofluorocarbons.

  • October 08, 2024

    EPA Inks Historic $4.2M Deal Over Philly Refinery Explosion

    The U.S. Environmental Protection Agency revealed on Tuesday that it has reached a $4.2 million proposed deal with Philadelphia Energy Solutions Refining and Marketing LLC, settling a Clean Air Act claim tied to a June 2019 leak and explosion at the company's former South Philadelphia refinery.

  • October 08, 2024

    Aluminum Recycler Novelis Scraps IPO, Citing Market Woes

    Aluminum recycling giant Novelis Inc. on Tuesday withdrew filing documents for an initial public offering, citing market conditions and formally scrapping a proposed listing nearly five months after it delayed plans to raise almost $900 million.

  • October 08, 2024

    Mich. Judge Won't Halt EV Battery-Plant Build During Appeal

    A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.

  • October 08, 2024

    Judge Clarifies Contentious Registration Rule For Contractors

    The U.S. Court of Federal Claims clarified that a contentious registration requirement for federal contractors only kicks in when they submit final proposals in response to government solicitations, blessing a previously disqualified business' $45 billion nuclear cleanup deal.

  • October 08, 2024

    Marathon Co. Wants 'Both Bites' In Pipeline Row, 8th Circ. Told

    A group of tribal landowners looking to intervene in the federal government's appeal related to a Marathon Petroleum Corp. subsidiary's pipeline that crosses part of reservation lands told the Eighth Circuit that the company can't have "both bites of the apple" in fighting their bid to dismiss the case.

  • October 08, 2024

    Eggland's Best Says Cage-Free Eggs Are Exactly That

    Eggland's Best asked an Illinois federal judge on Monday to toss a suit claiming it misled consumers about the quality of care for its hens and the conditions in which they lived, arguing its cage-free eggs are unquestionably labeled as such and that the plaintiffs "twist themselves into knots" to render the products deceptive.

Expert Analysis

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

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    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Navigating Antitrust Considerations In ESG Collaborations

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    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • What Chevron's End Means For How Congress Does Business

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    The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • The Rise Of State And Local Environmental Leadership

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    While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.

  • 5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy

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    Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

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    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

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