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Environmental
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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January 09, 2025
Feds Award Millions To Tribes For Safe Water, Homes, Climate
With a week left in its term, the Biden administration has doled out millions to states and tribal communities throughout the country to boost efforts toward more reliable water sources, to take on housing health and safety hazards and to continue the ongoing battle against climate change.
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January 09, 2025
US Steel And Nippon's Lawsuit Seen As 'Hail Mary' Attempt
President Joe Biden may not have put forth an airtight national security argument for blocking Nippon Steel's planned acquisition of U.S. Steel, but the companies' subsequent lawsuit is still highly unlikely to earn them another chance at making the deal happen, according to legal experts.
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January 09, 2025
Calif. Insurance Chief Blocks Policy Cancellation In Fire Zones
Insurance companies can't cancel or refuse to renew homeowners coverage for policyholders in the immediate vicinity of the Los Angeles wildfires for one year, the California Department of Insurance announced as fires continue to ravage Southern California.
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January 09, 2025
IRS Gets First Dibs On $1M BP Oil Spill Payout, 11th Circ. Says
The IRS gets first priority to a $1 million settlement BP paid to a staffing company that racked up $23 million in federal tax debt and went bankrupt following the Deepwater Horizon oil spill, the Eleventh Circuit affirmed, denying an insurer's claim to the money.
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January 09, 2025
Wind Power Substation Is Quiet Enough, Mass. Justices Say
Massachusetts' top court on Thursday gave the green light for an electric substation connected to an 800-megawatt wind turbine generation facility in federal waters south of Martha's Vineyard, rejecting a resident's argument that the new facility would be too noisy.
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January 08, 2025
Consumers Get Class Cert. In Suit Over Law Firm's Robocalls
A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.
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January 08, 2025
Mich. Utility Tells DC Circ. It Can Challenge FERC Decision
A Michigan transmission owner has told the D.C. Circuit that the Federal Energy Regulatory Commission's challenge of its ability to protest the agency's refusal to grant it sole ownership of grid updates needed to serve a Michigan solar farm is "meritless."
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January 08, 2025
DOI's Arctic Refuge Oil Lease Sale Yields No Bidders
The U.S. Department of the Interior reported Wednesday that it has received no bids from companies to drill for oil and gas in Alaska's Arctic National Wildlife Refuge.
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January 08, 2025
Insurer Can't Duck Covering Wash. Developer In Flooding Suit
An insurer can't yet escape providing coverage for a property developer accused of worsening flooding issues for several homeowners by clear-cutting trees without a proper drainage plan, a Washington federal court ruled, saying the policy could conceivably cover the injuries alleged in the underlying suit.
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January 08, 2025
Final Treasury Regs Grow Low-Income Bonus Energy Credits
New hydropower, nuclear, solar, geothermal and other nonpolluting energy facilities developed in areas designated as low-income communities are eligible for bonus investment tax credits under final regulations the U.S. Treasury Department unveiled Wednesday.
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January 08, 2025
Audi Electric SUVs Are 'Ticking Time Bombs,' Suit Claims
Audi of America LLC and Volkswagen Group of America Inc. were hit with a proposed class action in Georgia federal court alleging certain Audi electric SUVs are "ticking time bombs" that can lose power, short-circuit and catch fire.
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January 08, 2025
DOI Reveals No Bids In Alaska Oil, Gas Lease Sale
The U.S. Department of the Interior revealed Wednesday that it received no bids in response to the Arctic National Wildlife Refuge oil and gas lease sale, just days after Alaska accused the agency of imposing too severe restrictions on development.
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January 08, 2025
EPA, Navajo To Remove 65 Acres Of Waste From Reservation
The U.S. Environmental Protection Agency and the Navajo Nation have finalized a plan to provide a complete cleanup of one of the largest and most high-risk uranium mine sites on the tribe's reservation, the federal agency said.
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January 08, 2025
Dems Cry Foul On Trump Nominees' Hearings Process
Top Democrats claimed Wednesday that Republicans are rushing to hold confirmation hearings for at least two of President-elect Donald Trump's nominees without the full paperwork.
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January 07, 2025
JPMorgan Ditches Climate Coalition Ahead Of Trump 2.0
JPMorgan Chase & Co. on Tuesday joined a slew of banks in departing the United Nations-convened Net Zero Banking Alliance, apparently bowing to regulatory pressure and jumping ship ahead of a second Trump term.
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January 07, 2025
Oilfield Services Firm Flowco Set to Drill Down On $392M IPO
Oilfield equipment and services provider Flowco Holdings Inc. on Tuesday launched plans for an estimated $392 million initial public offering, represented by Sidley Austin LLP and underwriters' counsel Latham & Watkins LLP, marking the latest company to join the new year's IPO pipeline.
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January 07, 2025
Cato Institute Urges Justices To Hear Jury Right Case
The Cato Institute asked the U.S. Supreme Court Tuesday to accept a social media influencer's certification petition over the denial of a jury trial for a misdemeanor, saying the erosion of the Constitutional jury right for "all crimes" goes against the founders' intentions.
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January 07, 2025
Feds Urge 9th Circ. To Uphold Ringed Seal Protections
The federal government and environmentalists on Monday asked the Ninth Circuit to keep Endangered Species Act protections for Arctic ringed seals in place and reject Alaska's effort to roll them back.
Expert Analysis
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State Of The States' AI Legal Ethics Landscape
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.
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Review Shipping Terms In Light Of These 3 Global Challenges
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.
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Cos. Face Increasing Risk From Environmental Citizen Suits
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.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
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.
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8 Childhood Lessons That Can Help You Be A Better Attorney
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.
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Navigating Complex Regulatory Terrain Amid State AG Races
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.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
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.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
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.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
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.
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Opinion
This Election, We Need To Talk About Court Process
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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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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New Law May Move Calif. Toward Fashion Sustainability
California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.