Environmental

  • January 13, 2025

    Justices Wants DOJ's Input In Wash. Port Water Permit Row

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a dispute over whether private lawsuits can proceed in federal court when they seek to enforce permit conditions that go beyond what's required by the Clean Water Act for discharging substances into state water bodies.

  • January 13, 2025

    Justices Reject Utah's Effort To Wrest Land From Feds

    The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.

  • January 13, 2025

    Justices Pass On Challenge To Mass. Offshore Wind Project

    The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.

  • January 13, 2025

    Justices Again Refuse To Review State Climate Torts

    The U.S. Supreme Court on Monday again refused to wade into climate change tort litigation brought by state and local governments against fossil fuel companies, rejecting a request by energy giants to nix a suit lodged by Honolulu.

  • January 10, 2025

    DeSantis Vows More Money, Control Over Everglades Projects

    Florida Republican Gov. Ron DeSantis pledged to recommend $805 million of the state budget for continuing efforts in Everglades restoration and promised to take more control over water management, saying he hopes to work with the incoming Trump administration to expedite projects in order to reduce time and taxpayer expense.

  • January 10, 2025

    FAR Council Pulls Proposed GHG Emissions Disclosure Rule

    The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.

  • January 10, 2025

    FWS Rejects Bids To Strip Protections From Grizzly Bears

    The U.S. Fish and Wildlife Service has rejected petitions from Montana and Wyoming to strip federal Endangered Species Act protections of grizzly bears in the Northern Rocky Mountains, saying it will instead look to shrink the geographic areas where they are protected.

  • January 10, 2025

    NC Co. Sues State, Duke Energy Over Lake Bed Compensation

    A North Carolina company is suing the state and Duke Energy Carolinas LLC in North Carolina federal court for compensation, after a state high court took away its lake bed parcel following a land dispute with the energy company and other parties.

  • January 10, 2025

    Loggers, Landowners Ask 9th Circ. To Revive Antitrust Suit

    A group of loggers and landowners have asked the Ninth Circuit to revive their case accusing Iron Triangle LLC of monopolizing logging and related services in part of the Pacific Northwest after a lower court's dismissal.

  • January 10, 2025

    Faster Permits Needed For Next G's, Wireless Cos. Say

    Wireless infrastructure builders are hoping for a more inviting regulatory environment at the federal and state levels as technology progresses and have put broadband permitting reform at the top of their legislative wish list for 2025.

  • January 10, 2025

    Contractor Seeks Coverage For $2.5M Grass Damage Row

    An air services company told a New York federal court Friday that an AIG unit cited a raft of inapplicable exclusions to deny commercial general liability coverage over claims that it caused nearly $2.5 million in damages by aerially applying herbicides on the wrong areas.

  • January 10, 2025

    Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says

    Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.

  • January 10, 2025

    Ga. Solar Farm Damages Fight Settles Ahead Of April Trial

    A Georgia couple has reached a settlement with the owners and developers of a neighboring solar farm and their contractor just two months after a judge ordered that a second trial was needed to determine damages in the multimillion-dollar case.

  • January 10, 2025

    US Trustee Balks At Ch. 11 Bid Protections In First Mode Case

    A package of bid protections for the stalking horse of bankrupt electric-engine developer First Mode needs to be reined in, the Office of the U.S. Trustee has said, urging a Delaware bankruptcy judge to reject the debtor's request that expenses and fees tied to the $15 million bid be paid as priority claims.

  • January 10, 2025

    The Firefighting Foam 'Forever Chemicals' MDL: A Snapshot

    A round of big settlements was recently completed seven years into a sprawling multidistrict litigation over chemical companies' liability for alleged harms caused by exposure to so-called forever chemicals in firefighting foam. Here, Law360 examines what’s still at stake in the ongoing litigation.

  • January 10, 2025

    Treasury, IRS Plan Rules For Clean Transportation Fuel Credit

    Treasury and the IRS released guidance Friday for producers of transportation fuel hoping to qualify for the newly available clean fuels production tax credit, saying they plan to release rules clarifying which entities qualify for the credit and how producers can determine allowable emissions levels.

  • January 10, 2025

    KKR, PSP Buy $2.8B Stake In American Electric Power Units

    Private equity giant KKR and Canada-based Public Sector Pension Investment Board, both advised by Simpson Thacher & Bartlett LLP, have agreed to take a minority stake in Morgan Lewis & Bockius LLP-led American Electric Power's transmission companies in Ohio, Indiana and Michigan, in a $2.82 billion deal.

  • January 10, 2025

    Taxation With Representation: Kirkland, Davis Polk, Wachtell

    In this week's Taxation With Representation, Constellation acquires Calpine, Cintas seeks a deal with UniFirst Corp., Stryker Corp. acquires Inari Medical Inc., and Paychex Inc. buys Paycor.

  • January 10, 2025

    Clark Hill Adds To Environmental Team In Colorado

    Two seasoned environmental attorneys have come aboard Clark Hill PLC to enhance the firm's environmental and natural resources capabilities for clients in Boulder, Colorado, and beyond.

  • January 10, 2025

    Treasury Floats Rules For Commercial Green Vehicle Credits

    The U.S. Treasury Department and the Internal Revenue Service proposed rules Friday for obtaining tax credits for commercial green vehicles under provisions of the Inflation Reduction Act, suggesting ways for determining the credit amount and identifying which vehicles are eligible.

  • January 10, 2025

    Constellation Energy Buying Calpine In $26.6B Megadeal

    Constellation has agreed to acquire Calpine at a net purchase price of $26.6 billion, in a deal that will merge two of the largest power generation companies in the U.S., the companies announced Friday. 

  • January 09, 2025

    Colo. Oil Co. Says Unfair Order Threatens Its Demise

    Oil and gas operator K.P. Kauffman Co. Inc. is asking a Colorado state judge to scrap a $5.8 million penalty against it, claiming regulators unlawfully imposed an unfair order that threatens to drive it into insolvency and bankruptcy.

  • January 09, 2025

    Airlines Say 9th Circ. Should Mull Seattle Airport Pollution Suit

    Delta Air Lines and Alaska Airlines have told a Washington federal court that the Ninth Circuit should immediately consider the jurisdictional and preemption issues raised in a proposed class action from property owners and residents over alleged flight-path pollution near Seattle-Tacoma International Airport.

  • January 09, 2025

    Colo. Urges 10th Circ. Not To Vacate Air Emissions Plan

    Colorado told the Tenth Circuit that a green group challenging an air emissions permitting program in the state misled a panel of judges during oral arguments by asserting that eliminating the program would resolve its concerns.

  • January 09, 2025

    AI Startup Anthropic Seeks $60B Valuation, Plus More Rumors

    Artificial-intelligence startup Anthropic is seeking $2 billion in a new funding round that would value the company at $60 billion, while fashion giant Shein is now eyeing a mid-2025 initial public offering in London and Constellation Energy is lining up a $30 billion bid to acquire electricity provider Calpine. Here, Law360 breaks down the notable deal rumors from the past week.

Expert Analysis

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • Deadline Extension Highlights PFAS Reporting Complexities

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    The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • How The 2025 Tax Policy Debate Will Affect The Energy Sector

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    Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

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