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Environmental
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June 06, 2025
Taxation With Representation: Winston, Stibbe, Weil, Goodwin
In this week's Taxation With Representation, Chart Industries Inc. and Flowserve Corp. merge, Aedifica NV and Cofinimmo NV unite, Sanofi buys Blueprint Medicines Corp., and Kimberly-Clark Corp. sells a majority stake in its international tissue business to Suzano.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
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June 05, 2025
USDA Sued Over Ending 600 Grants Via Flawed Form Letters
A group of environmental and food sustainability nonprofits hit the U.S. Department of Agriculture with a lawsuit in D.C. federal court Thursday, accusing the Trump administration of unconstitutionally exceeding its authority by abruptly rescinding nearly 600 grants via "minimally edited form letters" that had errors and lacked detailed explanations.
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June 05, 2025
Feds Slam 'Flawed' Critique Of Camp Lejeune Water Expert
The U.S. Department of Justice pushed to keep its water quality expert in North Carolina federal court on Wednesday, saying that the Camp Lejeune toxic water plaintiffs' critique of him was "fundamentally flawed" and experts on both sides relied on some of the same science.
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June 05, 2025
SEC Beats Challenge To Stricter Shareholder Proposal Rule
A Washington, D.C., federal judge Thursday upheld the U.S. Securities and Exchange Commission's rule that raises eligibility requirements for submitting shareholder proposals, disagreeing with investor advocacy groups that the requirements "severely impair" investors' input on corporate policies.
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June 05, 2025
States Push To Block Feds From Slashing EV Charging Funds
Sixteen states have pressed a Washington federal judge to block the Trump administration from cutting off congressionally approved funding for electric-vehicle charging infrastructure projects, saying state budgets and procurement processes are being upended by the administration's unilateral actions.
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June 05, 2025
2 Firms Guide Vermillion In $120M Sale Of US Assets
Vermilion Energy Inc., advised by Torys LLP and Davis Graham & Stubbs LLP, said Thursday it has struck a deal to sell its remaining U.S. assets for $120 million in cash, completing its exit from the country and continuing its broader plan to refocus on long-term, gas-weighted assets in Canada and Europe.
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June 05, 2025
Feds Invest Millions To Revitalize Former Coal Mine Sites
The U.S. Department of the Interior is doling out $130 million to help states and tribes redevelop former coal mine sites.
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June 05, 2025
Ill. Judge Tosses Dredged Waste Suit After Feds Pull Site Plan
An Illinois federal judge on Thursday dismissed with prejudice a lawsuit challenging a U.S. Army Corps of Engineers plan to expand a disposal site that stores sediments dredged from Chicago waterways, citing the agency's withdrawal of its decision over the Lake Michigan shoreline facility.
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June 05, 2025
Honduras Decries Solar Plant Arbitration Seeking $160M
Honduras has urged an international tribunal to dismiss arbitration claims two Guatemalan citizens lodged seeking roughly $160 million for broken agreements involving a solar plant, calling them "an abuse of the investor-state dispute settlement system."
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June 05, 2025
Judge Wants Details On Harm From Trump Wind Farm Pause
A Massachusetts federal judge Thursday asked a coalition of states and a clean-energy advocacy group for more specifics about the harm they allegedly will be caused by the Trump administration's decision to pause wind farm permitting, and said he wanted to move forward with a trial "promptly."
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June 05, 2025
Calif. Assembly OKs Exemption For Returned Tribal Land
California land that is transferred to a federally recognized Native American tribe would be exempt from state real estate transfer tax under a bill passed in the state Assembly.
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June 04, 2025
Ex-Ga. Chemical Plant Owners Sued For Toxic Waste Dumping
The owner of an abandoned northwest Georgia chemical plant filed a federal lawsuit Wednesday against its former owner-operators alleging that they left hundreds of drums of toxic waste behind, resulting in its new owner facing federal prosecution and spending hundreds of thousands of dollars to clean up.
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June 04, 2025
Feds Say 'No Viable Path' Forward For Calif. High-Speed Rail
The U.S. Department of Transportation said Wednesday that the California high-speed rail's overblown budget and ongoing mismanagement indicate that there's "no viable path" to completing the project on schedule, so the federal government is preparing to pull nearly $4 billion in funding.
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June 04, 2025
Judge Grills Kidde-Fenwal About Missing Info In Disclosures
A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.
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June 04, 2025
Trump Ordered To Explain Why Layoffs Don't Flout Injunction
A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.
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June 04, 2025
Idaho Mining Co. Hit With Suit Over Dump Site Contamination
The U.S., Idaho and Native American tribes have hit Nu-West Industries Inc. with a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit, alleging that hazardous substances from phosphate mining are being generated and disposed of at a dump site owned by the company within the Caribou-Targhee National Forest.
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June 04, 2025
NC Biogas Co. Sanctioned For Breaking Deal With Lenders
A North Carolina biogas company has been ordered to fork over a six-figure judgment in an ongoing legal battle with its lenders as a sanction for flouting a state court order related to its pursuit of a renewable energy project.
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June 04, 2025
Donlin Gold Says Vacatur Not Warranted In Alaska Mine Case
A recent U.S. Supreme Court decision confirms that government approvals for a large gold mine in Alaska should not be thrown out even if an agency botched some aspects of an environmental review, the company behind the project told a federal judge.
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June 04, 2025
Winston & Strawn, Cravath Guide $19B Industrial Tech Merger
Chart Industries Inc. and Flowserve Corp. said Wednesday they have agreed to merge in an all-stock deal that values the combined entity at $19 billion, giving it the "scale and resilience" needed to compete, with Winston & Strawn LLP and Cravath Swaine & Moore LLP providing legal guidance.
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June 03, 2025
Profs Back Shinnecock Tribe In Long Island Fishing Rights Suit
A group of law and history professors have backed the Shinnecock Indian Nation in three tribal members' lawsuit claiming New York state and Suffolk County wrongly engaged in a pattern of criminal prosecutions against them for fishing in waters where they have aboriginal rights to fish.
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June 03, 2025
Empire Wind Foes Target Feds' Reversal On Stop-Work Order
A coalition opposed to the Empire Wind project off New York and New Jersey sued the Trump administration Tuesday in New Jersey federal court, saying the administration never justified its decision to lift a stop-work order weeks after pausing construction.
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June 03, 2025
BlackRock, Vanguard Want Red States' Coal Suit Extinguished
Asset managers BlackRock Inc. and The Vanguard Group Inc. have urged a Texas federal judge to toss a suit brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," arguing the case rests on "implausible premises."
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June 03, 2025
PacifiCorp Faces $100M Ask In Newest Oregon Wildfire Trial
Oregonians, including a photographer and a charter boat operator, started the latest trial against utility PacifiCorp over wildfire damage Tuesday, with their lawyer telling a jury the 10 property owners deserve some $100 million for the fraught experiences they endured.
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June 03, 2025
Fed. Bill Pushes For Streamlined Access To Tribal Disaster Aid
A trio of Washington state federal lawmakers has reintroduced a bill in the U.S. House of Representatives that would fast-track the process for tribal nations to apply for resources to manage the impact of extreme weather and natural disasters, and address their environmental resiliency and relocation goals.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.