Environmental

  • February 13, 2024

    Ingevity Again Denied New Verdict, Trial Against $85M Loss

    A Delaware federal judge again refused Tuesday to upend BASF's $85 million jury win over Ingevity's locking up of the automobile carbon capture technology market, concluding that "substantial evidence" backs the antitrust findings.

  • February 13, 2024

    Feds Argue US Used Island With 'Intent' In Ownership Suit

    The United States filled in land off Key West, Florida, with a clear intention to use it for the U.S. Navy, entitling it to ownership of what is now Wisteria Island, the federal government said this week in its written closing arguments in a land dispute dating back more than 100 years.

  • February 13, 2024

    Conn. Agency Loses Sanctions Bid In Worker's Noose Suit

    A Black employee of Connecticut's energy and environmental regulator who claims he found a noose in his workplace in 2018 will not face new sanctions for deleting the alleged photo evidence, a federal judge ruled Tuesday in declining to end the hostile workplace lawsuit midtrial.

  • February 13, 2024

    Biden Offshore Leasing Plan Faces Legal Heat On All Sides

    The Biden administration faces dueling D.C. Circuit challenges from the oil and gas industry and environmental advocates over its scaled-back offshore leasing program for 2024-2029.

  • February 13, 2024

    DC Circ. Again Nixes Challenge To FERC Pipeline Powers

    The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.

  • February 13, 2024

    Environmental Group Of The Year: Kelley Drye

    Kelley Drye & Warren LLP's attorneys over the past year have helped Guam wrestle tens of millions of dollars in environmental cleanup costs from the federal government, worked on two multibillion-dollar settlements to resolve "forever chemicals" pollution claims, and assisted New Jersey in obtaining hundreds of millions of dollars to deal with industrial contamination there, earning the firm a spot among Law360's 2023 Environmental Groups of the Year.

  • February 13, 2024

    Arizona Lawmakers Sue Feds Over Grand Canyon Monument

    The top Republicans in the Arizona Legislature and the state treasurer are asking a federal court to overturn President Joe Biden's protection of nearly a million acres in northern Arizona, calling his creation of the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument an "unlawful land grab."

  • February 13, 2024

    Elliott Nails 1st Board Seat At Phillips 66 After Prior Demand

    Oil refiner Phillips 66 said Tuesday it has named former Cenovus Energy executive Robert W. Pease to its board, caving to pressure from Elliott Investment Management after the activist investor revealed it bought up a $1 billion stake in the company and was seeking two board seats.

  • February 13, 2024

    Rancher Accuses Biden Admin Of Abusing Antiquities Act

    A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.

  • February 12, 2024

    DC Circ. Probes FERC Review Of La. Natural Gas Terminal

    A D.C. Circuit panel on Monday questioned the Federal Energy Regulatory Commission's refusal to formally characterize a Louisiana liquefied natural gas export terminal's contributions to climate change, with one judge indicating that regulators' reluctance to make determinations creates unnecessary challenges in deciding the project's fate.

  • February 12, 2024

    Del. Court Won't Rehear Energy Co. Climate Suit Dismissal

    Five fossil fuel companies now facing state damage claims in Delaware tied to the environmental and health effects of their production and sales lost a bid Monday for reargument, clarification or limited reconsideration of a state Superior Court refusal to dismiss the claims.

  • February 12, 2024

    Flint Water Crisis Firms Agree To End Settlement Fee Dispute

    Three law firms that negotiated a $626 million settlement related to the Flint, Michigan, water crisis reached a settlement of their own on Monday after McAlpine PC agreed to end claims that Cohen Milstein Sellers & Toll PC and Pitt McGehee Palmer Bonanni & Rivers PC unfairly cut it out of their original co-counsel agreement.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    Judge Tells DOJ, VW To Plan For Release Of Jones Day Docs

    A California federal judge has instructed the U.S. Department of Justice and Volkswagen to come up with a plan to release certain confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.

  • February 12, 2024

    Colo. Oil Co. Can't Halt Regulators' New Enforcement Efforts

    A Colorado state judge has ruled that his order freezing state oil regulators' actions against K.P. Kauffman Co. Inc. does not stop officials from future enforcement against the oil and gas company.

  • February 12, 2024

    Feds Argue Immunity Again, Post-Discovery, In Flint Lead Case

    The federal government is urging a Michigan federal judge to dismiss claims from Flint residents challenging the Environmental Protection Agency's response to lead exposure that began in 2014, saying that because the agency's decisions were discretionary and subject to policy review, the government has immunity under an exception to the Federal Tort Claims Act.

  • February 12, 2024

    Let Power Pricing Order Stay Dead, Texas Justices Hear

    There's no reason for the Texas Supreme Court to revive a policy that allowed the state's grid operator to set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021, a pair of power companies have told the justices.

  • February 12, 2024

    Ind. Seed Lab Property Exempt From Tax, Board Says

    An Indiana laboratory used to test seeds qualifies for a property tax exemption because it is used for scientific purposes and benefits the public, the state Board of Tax Review said.

  • February 12, 2024

    SoCal Air District Pledges Polluter Fee Rule To Settle Suit

    A southern California air quality agency has agreed to introduce a new rule that would impose penalty fees on sources that contribute to the area's ozone problems, resolving a Clean Air Act citizen lawsuit filed by environmental groups.

  • February 12, 2024

    Bioenergy Cos. Beat Ohio Towns' Ammonia Emissions Suit

    An Ohio federal judge on Monday dismissed a Clean Air Act citizen lawsuit filed by two Ohio communities against a pair of bioenergy companies for allegedly polluting the air with ammonia emissions, reasoning the state Environmental Protection Agency already sued the companies.

  • February 12, 2024

    Hawaii Tenants Say Water Pollution Suit Belongs In Court

    A proposed class of tenants urged a Hawaii federal judge to stop their water pollution claims against their landlord from heading to arbitration, arguing that state law and not federal law determines whether the arbitration provisions in their lease agreements can be enforced.

  • February 12, 2024

    EBay Not Sold On Feds' Illegal Goods Suit

    EBay Inc. has told a New York federal judge that the federal government's lawsuit accusing it of facilitating the sale of products in violation of environmental laws would bring about an "unprecedented expansion" of the statutes' power if the claims are allowed to proceed.

  • February 12, 2024

    Exxon Defends Expert's Testimony In Conn. Benzene Suit

    Exxon on Friday hit back at a bid for sanctions brought by the estate of a man who died of leukemia allegedly due to exposure to defective gasoline, telling a Connecticut state court that its expert "did not testify falsely — period" at trial.

  • February 12, 2024

    Environmental Group Of The Year: Keller Rohrback

    Keller Rohrback LLP attorneys secured a nearly $700 million deal on behalf of the state of Oregon in environmental contamination litigation against Monsanto, as well as a first-of-its-kind jury verdict against PacifiCorp for its role in the Beaver State's wildfire disaster, earning the firm a place among Law360's 2023 Environmental Groups of the Year.

  • February 09, 2024

    SunZia Line Developer To Argue Against DOI Injunction Bid

    The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.

Expert Analysis

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Energy Sector Takeaways From Biden's AI Executive Order

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    While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

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