Environmental

  • January 16, 2025

    Phillips Mum On Future As FERC Chairmanship Nears End

    Willie Phillips on Thursday acknowledged that his time as Federal Energy Regulatory Commission chairman is coming to an end, but wouldn't say whether he will leave the agency once President-elect Donald Trump takes office.

  • January 16, 2025

    Cleveland-Cliffs Sets Sights On US Steel, And More Rumors

    Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • January 16, 2025

    Enviro Org. Drops Fight Over DOE's $1.1B Diablo Canyon Award

    An environmental group has begrudgingly dismissed its challenge of a $1.1 billion U.S. Department of Energy award that aimed to help California's last nuclear power plant keep running after learning state officials have already given Pacific Gas & Electric Co. $1.3 billion for the same purpose.

  • January 16, 2025

    Treasury Updates Bonus Energy Tax Credit Safe Harbors

    The U.S. Treasury Department provided updates Thursday to safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing steel and aluminum parts in response to new trade restrictions on solar products from China by President Joe Biden's administration.

  • January 15, 2025

    Energy Secretary Nominee Emphasizes Production At Hearing

    Energy secretary nominee Christopher Wright promised on Wednesday to "unleash American energy at home and abroad," as Democratic and Republican senators questioned him on his commitment to carrying out transmission permitting reform and increasing nuclear energy generation.

  • January 15, 2025

    Foes Of Expanded Oil Facility Face Texas Panel's Tough Queries

    A Texas appeals court directed some pointed questions to environmental groups seeking to challenge an oil facility's expansion during oral arguments Wednesday, saying facilities like the one in question have to go somewhere or else "the Europeans will starve in the cold this winter."

  • January 15, 2025

    Hino Motors Inks $1.6B Deal To End Emissions Fraud Claims

    Toyota unit Hino Motors Ltd. will pay approximately $1.6 billion in criminal and civil penalties to close out claims it illegally manipulated emissions and fuel-economy test results for more than 100,000 diesel vehicles sold in the U.S., the Justice Department announced Wednesday.

  • January 15, 2025

    Sidley-Led Flowco Raises $427M In Year's First Major IPO

    Oilfield equipment and services provider Flowco Holdings Inc. on Wednesday priced a $427 million initial public offering above its range, represented by Sidley Austin LLP and underwriters' counsel Latham & Watkins LLP, marking the year's first sizable IPO.

  • January 15, 2025

    Energy Giants Escape NYC's Climate Deception Suit

    A New York state judge has dismissed the Big Apple's suit accusing Exxon, BP and Shell of deceiving the public about the climate change effects of their operations, saying the city has failed to allege its consumer protection laws were violated.

  • January 15, 2025

    EPA Tells DC Circ. Truck GHG Emissions Rule Is Sound

    The U.S. Environmental Protection Agency is defending its tightened greenhouse gas emission standards for heavy-duty vehicles against a challenge brought by dozens of states and industry groups, telling the D.C. Circuit that federal law empowers the agency to regulate all motor vehicles — electric or otherwise.

  • January 15, 2025

    3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal

    3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.

  • January 15, 2025

    Oil Biz Must Face Action Alleging It Dodged Well Cleanup

    Oil and gas company HRM Resources cannot escape a lawsuit from Colorado landowners alleging the business transferred 200 oil and gas wells to a smaller oil company, which soon after declared bankruptcy, in order to shift cleanup obligations to the state, after a Colorado federal judge found the plaintiffs alleged they were injured by the scheme.

  • January 15, 2025

    Conn. Set To End Pollution Review On Property Transfers

    Connecticut regulators have finalized a set of new rules to catch environmental contamination that will replace a system of mandatory inspections on commercial and industrial property transfers, leaving New Jersey as the only U.S. state with such a policy.

  • January 15, 2025

    Biz Court Calls Out Biogas Co. For 'Stack' Of Broken Promises

    A North Carolina Business Court judge pondered during a sanctions hearing Wednesday whether a biogas company should be held in contempt for allegedly violating a court order, saying the company has repeatedly fallen short of its promises in a fight with lenders over funding for renewable energy projects.

  • January 15, 2025

    Feds Float Safety Rule For Growing CO2 Pipeline Network

    Gas- and liquid-phase carbon dioxide pipelines would be subject to new safety standards including improved emergency response and public communications practices under a rule proposed Wednesday by the federal government.

  • January 15, 2025

    Origis Energy Lands $1B-Plus Infusion From Brookfield, Antin

    Renewable energy platform Origis Energy, led by Latham & Watkins LLP, on Wednesday announced that it has received new investments from private equity shops Brookfield Asset Management, advised by Vinson & Elkins LLP, and Antin Infrastructure Partners that combined could exceed $1 billion.

  • January 15, 2025

    SpaceX Suit Must Fail, Calif. Coastal Commission Tells Judge

    The California Coastal Commission urged a federal judge to throw out a SpaceX lawsuit alleging it has unlawfully tried to stymie the company's rocket launches and engaged in "naked political discrimination" against CEO Elon Musk, arguing the company's claims don't pass muster.

  • January 14, 2025

    Palisades Fire Victims Sue LADWP Over Empty Reservoir

    Pacific Palisades homeowners and businesses sued the Los Angeles Department of Water and Power in California state court Monday alleging its decommissioned Santa Ynez Reservoir, which sat empty for minor repairs, resulted in minimal water for crews to battle the recent wildfire that's scorched over 23,000 acres and destroyed communities.

  • January 14, 2025

    Lockheed, CNA Pause Coverage Suit Amid Settlement Talks

    A Maryland federal court agreed Tuesday to continue pausing a dispute between Lockheed Martin Corp. and a CNA Financial unit over coverage for lawsuits accusing the aerospace and defense giant of environmental contamination, as the parties negotiate a potential coverage settlement.

  • January 14, 2025

    Tribe Members Look To Intervene In 8th Circ. Pipeline Case

    Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.

  • January 14, 2025

    Tribes, Enviro Groups Say Mich. Ignored Climate In Tunnel OK

    Native American tribes and environmental groups urged a quiet Michigan appeals panel Tuesday to undo state approval of Enbridge Energy's plan to dig an underground tunnel to house an underwater segment of an oil and natural gas pipeline.

  • January 14, 2025

    Both Michigan US Attys Resign Ahead Of Inauguration

    Michigan's U.S. attorneys, Dawn Ison in the Eastern District and Mark Totten in the Western District, announced their departures this week ahead of President-elect Donald Trump's inauguration.

  • January 14, 2025

    Monsanto Hit With $100M Jury Verdict In 10th Seattle PCB Trial

    A Washington state jury said Tuesday that Monsanto should pay $100 million to four people who claim they developed various health issues from PCB exposure at a school facility, far less than the $4 billion requested by 15 plaintiffs but still adding to the $1.1 billion in losses the chemical giant already faces over the site.

  • January 14, 2025

    EPA Warns Of Possible Forever Chemical Risk In Fertilizer

    The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations.

  • January 14, 2025

    Apollo, Standard Chartered Form $3B Strategic Partnership

    Private equity giant Apollo and international banking group Standard Chartered PLC on Tuesday announced that they have formed a long-term strategic partnership under which the two will contribute up to a combined $3 billion to go towards clean energy and transition financing.

Expert Analysis

  • The Ups And Downs Of SEC's Now-Dissolved ESG Task Force

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    The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • A Narrow Window Of Opportunity To Fix Energy Transmission

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    A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

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