Environmental

  • May 01, 2024

    Fracking Waste Still Festering Near Ohio River, AG Says

    Ohio Attorney General Dave Yost urged a Belmont County judge Wednesday to find Austin Master Services in contempt for failing to adhere to the court's preliminary injunction requiring the company to clean up fracking waste stored at its recycling facility by April 17.

  • May 01, 2024

    Feds Approve Disaster Aid For Oklahoma Storm Victims

    Three Oklahoma counties will receive federal aid to help recover from severe storms and tornadoes that left four dead and nearly 300 injured last month, with damage totals likely to grow as assessments continue throughout the Sooner State.

  • May 01, 2024

    Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row

    The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.

  • May 01, 2024

    Army Corps Says Taking Over Fla. CWA Permits Is No Problem

    The U.S. Army Corps of Engineers on Tuesday told the D.C. Circuit that, following a lower court's decision to strip Florida of its authority to administer a Clean Water Act permitting program, it has already taken over the work and expects no serious issues.

  • May 01, 2024

    AI Is Top Of Mind For Companies — And Securities Regulators

    As references to artificial intelligence in securities filings soar, attorneys say companies must ground their disclosures in fact and be upfront about risks posed by AI in order to avoid the wrath of regulators, who promise to crack down on misleading claims.

  • May 01, 2024

    Tax Credit Transfer Regs Show IRS Caution In Rulemaking

    The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.

  • May 01, 2024

    PG&E, KKR In Exclusive Talks For Partial Sale Of Power Biz

    Pacific Gas & Electric Corp. is in exclusive talks with private equity giant KKR to sell a minority interest in its subsidiary, Pacific Generation LLC, to KKR's infrastructure strategy in a deal that would reduce customer rates by more than $100 million over the next two decades.

  • April 30, 2024

    Feds Say Treaties Don't Protect Utah Tribe In Land Row

    Efforts by a Utah tribe to restore public lands to a trust status that would prevent federal officials from illegally accessing the property are based on a false premise, the United States said, arguing that two 19th century laws support its bid to dismiss the case.

  • April 30, 2024

    PolyMet Must Give Up More Info In Mining Land Swap Suit

    A federal judge has declined to sanction a Minnesota mining company in a discovery challenge by the Fond du Lac Band of Lake Superior Chippewa but ordered it to produce certain previously withheld information in the tribe's bid to undo a land swap for copper and nickel mining.

  • April 30, 2024

    Minn. Tribes Seek Support For Five 'Land Return' Bills

    More than 20 Minnesota-based groups have urged state lawmakers to vote in favor of five "land return" bills that would give back state-owned lands to Native American tribes, saying the measures support the legal return of Indigenous lands along with their continued use by the public.

  • April 30, 2024

    Final Biden Enviro Review Regs Puts Onus On Agencies

    The Biden administration on Tuesday finalized its second round of revisions to regulations governing federal agencies' environmental reviews, but how agencies weave the new guidelines into their project permitting processes will be where the regulatory rubber hits the road, experts say.

  • April 30, 2024

    5th Circ. Questions Texas' Standing In SEC Proxy Rule Battle

    The Fifth Circuit appeared skeptical Tuesday of a Texas-led challenge to a U.S. Securities and Exchange Commission regulation that will require fund managers to make it easier for investors to identify ESG issues on corporate ballots, with the judges wondering whether the Lone Star State and others had standing to bring the lawsuit.

  • April 30, 2024

    3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost

    The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.

  • April 30, 2024

    EPA, Sunoco Reach $2.4M Deal Over Ohio Oil Pipeline Spill

    The U.S. Environmental Protection Agency and the state of Ohio have reached a more than $2.4 million deal with two pipeline companies over the discharge of approximately 450 barrels of crude oil into the Buckeye State's Oak Glen Nature Preserve more than 10 years ago.

  • April 30, 2024

    Pa. Schools Say Railcar Cos. Must Face Derailment Claims

    Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.

  • April 30, 2024

    Camp Lejeune Litigants Balk At Bellwether Pick Process

    The leadership group for former residents of Camp Lejeune who claim that contaminated drinking water caused their diseases has told the North Carolina federal court overseeing their case that it's too soon to limit trials to just plaintiffs who allege only one disease.

  • April 30, 2024

    EPA Chief Faces House Appropriators Hostile To Agency Regs

    Former Interior Secretary Ryan Zinke grilled U.S. Environmental Protection Agency Administrator Michael Regan at a congressional budget hearing Tuesday, telling him a new coal-fired power plant emissions rule threatens to increase ratepayer costs.

  • April 30, 2024

    DC Circ. Axes Challenges To FERC Gulf Pipeline Approval

    The D.C. Circuit on Tuesday upheld federal energy regulators' approval of a natural gas pipeline project in Louisiana and Mississippi, rejecting arguments from environmentalists that claimed that the certification was the product of a botched environmental review.

  • April 30, 2024

    5th Circ. Backs La. Enviro Dept. In Gas Facility Permit Dispute

    A Fifth Circuit panel upheld the Louisiana Department of Environmental Quality's permitting decision for a liquefied natural gas export facility, rejecting concerns raised by the Sierra Club that the facility's emissions will surpass national ambient air quality standards.

  • April 30, 2024

    8th Circ. Orders BASF Damages Trial In Herbicide Row

    An Eighth Circuit panel on Tuesday once again directed a Missouri federal court to hold a trial to assess punitive damages for BASF Corp. in litigation alleging the sale of herbicide-resistant seeds led to the destruction of a farm's peach trees when herbicide drifted from neighboring farms.

  • April 30, 2024

    IRS Updates Guidance For Clean Jet Fuel Tax Credits

    The Internal Revenue Service released guidance Tuesday that updated an environmental model that manufacturers of a low-carbon alternative to conventional jet fuel, such as ethanol, can use to qualify for a new tax credit and provided a safe harbor for producers to meet the incentive's requirements.

  • April 30, 2024

    EPA Finalizes Methylene Chloride Ban

    The U.S. Environmental Protection Agency on Tuesday finalized a rule banning all consumer uses and most industrial and commercial uses of methylene chloride, a chemical regulators say can increase cancer risks and cause reproductive damage with repeat exposure. 

  • April 29, 2024

    Amazon Files $200M Countersuit Over Solar Projects' Fallout

    Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.

  • April 29, 2024

    9th Circ. Upholds NRC's Exemption For Diablo Canyon Plant

    A Ninth Circuit panel ruled Monday that the U.S. Nuclear Regulatory Commission did not act arbitrarily or capriciously when it allowed Pacific Gas & Electric Co. to belatedly renew its license to continue operating California's last remaining nuclear power plant.

  • April 29, 2024

    US, Tribes Defend Water Rule Against States', Biz Groups' Suit

    The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.

Expert Analysis

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Opinion

    What Insurers Gain When Litigating Coverage Denials

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    Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • 10 Issues To Watch As ESG Remains Alive And Well In 2024

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    Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

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