Environmental

  • December 10, 2024

    Utah Counties' Narrow NEPA Test Meets High Court Critics

    Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.

  • December 10, 2024

    6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections

    A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    Wash. HOA Can't Get Early Win Bid In Water Damage Row

    A homeowners association for a Seattle-area condominium complex can't yet prevail on its bad faith claims against its insurer over coverage for extensive water damage, a Washington federal court ruled, finding a material factual dispute over whether the association filed its coverage action within its policy's two-year suit-filing deadline.

  • December 10, 2024

    Davis Polk Leads Aerospace-Focused PE Firm To $2.2B Fund

    Middle-market private equity shop J.F. Lehman & Co., advised by Davis Polk & Wardwell LLP, on Tuesday announced that it clinched its sixth fund after securing $2.23 billion of investor commitments.

  • December 10, 2024

    Insurer QBE Settles Suit Over Failed $18M Wind Support Deal

    Belgium-based insurer QBE Europe has settled a lawsuit accusing it of wasting available policy limits on pointless litigation rather than make a reasonable offer in a separate $18 million dispute over a failed wind support vessel deal, according to a Tuesday filing.

  • December 10, 2024

    Google, TPG To Help Steer $20B Clean Energy Investment

    Google and an arm of private equity shop TPG that is focused on solutions to combat climate change revealed plans to partner with clean energy company Intersect Power to invest $20 billion in renewable power infrastructure by the end of the decade, with an initial plug of $800 million announced on Tuesday.

  • December 10, 2024

    NY Appealing Judge's Dismissal Of Plastic Pollution Suit

    New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.

  • December 10, 2024

    Stellantis, CATL Invest Up To €4.1B For Battery Plant In Spain

    Automaker Stellantis announced Tuesday that it has formed a joint venture with Chinese battery maker CATL that sees the two investing up to €4.1 billion ($4.3 billion) to help build a large-scale European lithium iron phosphate battery plant in Spain.

  • December 09, 2024

    9th Circ. Tosses Regal Cinemas' COVID Coverage Suit

    Regal Cinemas cannot get coverage for its losses stemming from the COVID-19 pandemic, the Ninth Circuit ruled Monday, finding that a decision from New York's top court, along with a contamination exclusion, doomed any chance of coverage under the theater chain's policies with units of Allianz, Liberty Mutual and Zurich.

  • December 09, 2024

    Meet The Attys Arguing Over Trademark Liability At High Court

    A Gibson Dunn partner who has argued before the U.S. Supreme Court 27 times will square off against the former solicitor general of West Virginia in a high court fight Wednesday over whether corporate affiliates must pay a real estate development company's $46.6 million trademark infringement judgment when they are not parties in the case.

  • December 09, 2024

    EV Carmaker Lucid Wants To Shed More Of Inflated Biz Suit

    Electric carmaker Lucid Group has asked a California federal judge to toss most of the latest version of a proposed investor class action alleging its production forecasts were misleading, arguing that parts of the suit that remained intact after a recent dismissal order involved statements taken out of context.

  • December 09, 2024

    DC Circ. Unsure Of Wading Into FERC Grid Plan Fight

    D.C. Circuit judges appeared reluctant on Monday to entertain the legality of the Federal Energy Regulatory Commission's 2023 rejection of a grid operator's plan to manage certain transmission project costs, given that the agency later approved related projects in May.

  • December 09, 2024

    Xcel Can't Hide Evidence In Marshall Fire Suit, Attys Say

    Attorneys representing more than 4,000 individuals suing Xcel Energy over a 2021 Colorado wildfire demand the utility release thousands of documents regarding the location of a power line that allegedly caused an ignition, claiming the information is being improperly withheld despite how critical it is to the case.

  • December 09, 2024

    EPA Finalizes Bans On Two Carcinogenic Chemicals

    The U.S. Environmental Protection Agency issued a pair of final rules on Monday banning all uses of trichloroethylene and all consumer uses of perchloroethylene, which are cancer-causing chemical solvents used in brake cleaner and adhesive products.

  • December 09, 2024

    NJ Says Sherwin-Williams' Bid To Stay Pollution Suit Too Late

    New Jersey has pushed back against a bid from Sherwin-Williams to pause a suit from Garden State regulators over the contamination at one of its former plants, arguing that the stay request should have been filed months ago.

  • December 09, 2024

    Metal Co. Says Liberty Mutual Owes $1.1M For Hail Damage

    A Texas metal fabrication company said it is owed more than $1.1 million from Liberty Mutual, telling a federal court Monday that the insurer improperly refused to pay out a claim for hail damage after a September 2023 storm.

  • December 09, 2024

    Beveridge & Diamond Picks Up Longtime DOJ Enviro Litigator

    Beveridge & Diamond PC has hired the former chief of the law and policy section at the U.S. Department of Justice's Environment and Natural Resources Division, who is bringing his more-than 26-year government experience in environmental law to the D.C. team, the firm announced Friday.

  • December 09, 2024

    Judge Axes $33M Suit Challenging Feds' Wildfire Response

    An Oregon federal judge has dismissed a suit by two lumber companies claiming that the U.S. Forest Service failed to properly fight a wildfire in the Willamette National Forest, holding that the agency's decisions are shielded under the Federal Tort Claims Act.

  • December 07, 2024

    Up Next: Environmental Reviews, Wire Fraud & TM Awards

    The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.

  • December 06, 2024

    US Ukrainian Group Wants FCC SpaceX Approvals Halted

    The FCC needs to put any decisions related to SpaceX on ice until an ethics committee can decide how to handle them now that the company's billionaire owner Elon Musk has been tapped for an oversight role in the upcoming Trump administration, the agency has been told.

  • December 06, 2024

    DC Circ. Mulls If EPA Can Set Rules Based On Predicted Tech

    At least one member of the D.C. Circuit did not seem to be picking up what the U.S. Environmental Protection Agency was putting down in defense of a rule that would give coal-fired power plants until 2032 to meet certain emissions standards that critics claim are impossible.

  • December 06, 2024

    Feds Want Full DC Circ. To Reverse Panel's NEPA Regs Ruling

    Two D.C. Circuit judges who ruled a White House agency lacks authority to issue regulations implementing the National Environmental Policy Act violated a cornerstone legal tenet and must be overturned, according to the federal government.

  • December 06, 2024

    Shell, Equinor Creating UK Oil Giant As Sea Basin Matures

    Shell UK Ltd. and Equinor UK Ltd. are joining forces to create what they said will be the largest independent oil and gas company in the U.K., citing declining production in the "once-prolific basin" of the North Sea as the impetus for the 50-50 joint venture. 

  • December 06, 2024

    Insurer Escapes Defending Developer's Ga. Tree Removal

    A Georgia federal judge freed an insurer Friday from defending developers blamed for wrongfully cutting down 120 feet of trees on a property line shared with a children's summer camp, finding the act was intentional.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

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