Environmental

  • February 01, 2024

    Enbridge Unit Denied Land Transfer For Texas Pipeline

    A Texas federal judge on Thursday rejected as premature an Enbridge Inc. unit's immediate land transfer request to conduct environmental surveys for a federally approved 137-mile-long natural gas pipeline project, following the company's unsuccessful attempts to contact the landowners.

  • February 01, 2024

    Conn. Supreme Court Snapshot: Sleepy Juror, Surprise Billing

    A gang member's murder conviction should be overturned because a juror was caught sleeping and the judge took no action to determine if he was still competent to serve, according to an appeal that the Connecticut Supreme Court will hear in its upcoming term. Here are three cases to watch as the term gets started Monday.

  • February 01, 2024

    Deals Rumor Mill: Aramco, Reddit IPO, Figure AI

    Saudi Arabia is planning a follow-on offering of state-run oil giant Saudi Aramco that could raise $10 billion, Reddit is being advised to pursue a $5 billion valuation in its coming IPO, and Microsoft and OpenAI are considering investing $500 million in a humanoid robotics startup. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • February 01, 2024

    Insurer Settles $1.7M Suit Over School's Tornado Damage

    A Nashville private school agreed to permanently end its $1.7 million unpaid tornado damage suit against Cincinnati Insurance Co. and the school's former agent, according to an order in Tennessee federal court.

  • February 01, 2024

    9th Circ. Told RICO Claim Can't Stick To Enviro Complaint

    Developer Relevant Group has shot back at eight interest groups who told the Ninth Circuit in a combined brief that it should allow a property owner to challenge projects using California environmental law, in a case from the developer arguing the complaints over its work amount to extortion.

  • February 01, 2024

    $25M Flint Water Crisis Deal Heads Off Impending Trial

    Flint residents and the last remaining engineering defendant in sprawling litigation over the city's water crisis announced Thursday they had reached a $25 million deal that would avoid an upcoming trial, with the engineering firm saying more than half of Flint residents will get a payout.

  • January 31, 2024

    Tesla Botches Hazardous Waste Handling In Calif., DAs Say

    For years, Tesla has mishandled the storage and disposal of hazardous waste at more than a hundred of its facilities throughout California, dozens of the state's district attorneys alleged in a suit Wednesday, pointing to a laundry list of alleged violations of the Golden State's environmental laws.

  • January 31, 2024

    Fluoride Risk Trial Opens With Claim Exposure Drops Kids' IQ

    Environmental groups told a California federal judge during bench trial openings Wednesday that new studies show clear links between prenatal fluoride exposure and children's lower IQ levels, while the EPA defended current regulations allowing low levels of fluoride in drinking water and underscored that "the dose makes the poison."

  • January 31, 2024

    Suit Says Oreo Maker 'Greenwashes' Deforesting And Child Labor

    The maker of Oreos and Clif Bars "greenwashes" its cocoa-containing food products with deceptive labeling that hides evidence of environmental degradation, child labor and child slavery in its supply chain, a proposed class action claims.

  • January 31, 2024

    Solar CEO Says Feds Skimped On Offshore Wind Farm Review

    A solar developer fighting federal approvals for an offshore wind project taking shape off Massachusetts told the First Circuit the government took an improper "slice and dice" approach to conclude that construction would not significantly harm endangered North Atlantic right whales.

  • January 31, 2024

    Biden Climate Team Gains New Int'l Aide, EPA Air Leader

    In significant moves for the Biden administration's climate agenda, the White House on Wednesday said John Podesta will replace John Kerry as President Joe Biden's top international climate change policy adviser and the U.S. Senate confirmed Biden's pick to lead the Environmental Protection Agency's air office.

  • January 31, 2024

    Renewable Lumber Biz Can Tap $12M Of DIP For Ch. 11 Plan

    Renewable lumber producer Restoration Forest Products Group LLP received interim approval from a Delaware bankruptcy judge on Wednesday for its $93.3 million debtor-in-possession loan, keeping it on track to confirm a prepackaged Chapter 11 plan in March.

  • January 31, 2024

    The Rail Industry And The East Palestine Wreck: 1 Year Later

    A year after a Norfolk Southern train carrying toxic chemicals derailed on the border of Ohio and Pennsylvania, sprawling consolidated litigation and proposed regulations carry the promise of preventing a recurrence even though federal accident investigators have not yet issued a final determination on what caused the disaster.

  • January 31, 2024

    EPA Resists Rush On Farm Emissions Reporting Exemptions

    The U.S. Environmental Protection Agency and agriculture industry groups on Tuesday asked a D.C. federal judge not to rush the EPA while it reconsiders a Trump-era rule that exempted large industrial farm operations from reporting their toxic air emissions.

  • January 31, 2024

    Sanctions Sought Over 'False' Testimony In Exxon Death Suit

    The estate of a man who died of leukemia allegedly as a result of exposure to defective gasoline is asking a Connecticut state court to sanction ExxonMobil Corp., arguing one of its experts provided false testimony that won the gas company the case.

  • January 31, 2024

    Feds Urged To Adopt EV Battery Tracing For Tax Credit Rules

    A mechanism to trace the source of battery materials in electric vehicles would help enforce manufacturers' compliance with the domestic content requirements that are now linked to the EV consumer tax credit, stakeholders told U.S. Treasury Department and IRS officials Wednesday.

  • January 31, 2024

    Ex-Ga. Tech Prof Gets Home Confinement For Tax Fraud

    A former Georgia Institute of Technology professor was sentenced to a year of home confinement and three years' probation on Wednesday for shirking hundreds of thousands of dollars in federal taxes by inflating his charitable deductions through a scheme involving Chinese nationals' donations to the university.

  • January 31, 2024

    3rd Circ. Probes Power Of EPA Advisory In Chemours Fight

    Chemours Co. FC LLC asked a Third Circuit panel Wednesday during an oral argument to endorse their position that a U.S. Environmental Protection Agency health advisory over the company's chemicals carries the same weight as the law, forcing the business into compliance with de facto regulation.

  • January 31, 2024

    Greens Call Foul On Logging Plans In NC National Forest

    Conservationists are challenging a proposed logging project in North Carolina's Nantahala National Forest, saying Wednesday the plan will disturb an "exceptional ecological community" and otherwise contradicts the agency's own protective designation for the area.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 31, 2024

    Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules

    Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Suit Over Lobster Fishing Rule Now Moot, Judge Says

    A D.C. federal judge has dismissed a suit from environmental groups challenging regulations that they say fail to adequately protect an endangered whale species, with the judge holding in an opinion filed Monday that a new law and a circuit court ruling make their claims moot.

  • January 30, 2024

    Timber Co. Says Seller 'Twisting' Words In Carbon Offset Fight

    A New Hampshire-based timber company has told a North Carolina court that an investment firm specializing in forestland is "twisting" words in an attempt to escape claims that it overvalued the carbon offset of a property by about $1 million.

  • January 30, 2024

    DC Judge Hints At Tossing 2020 Fla. Enviro Review Transfer

    A D.C. federal judge hinted that he was considering granting a collective of environmental groups' request to undo the transfer of a key environmental permitting step from the federal government to Florida state regulators, a move the groups say threatens protections for endangered species.

Expert Analysis

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief

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    In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • What To Expect After Colo. Nixes Special Standing Rules

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    Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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