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Environmental
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August 02, 2024
Paper Cos. Challenge Superfund Liability At 6th Circ.
International Paper Co. and Weyerhaeuser Co. on Thursday asked the Sixth Circuit to reverse a Michigan federal judge who found that they can be sued for future cleanup costs of a Michigan Superfund site.
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August 02, 2024
Navajo Restrict Radioactive Transport On Reservation Lands
For the next six months, no radioactive material can be transported across the Navajo Nation's reservation without prior agreement with the country's largest federally recognized tribe, according to an executive order signed by President Buu Nygren.
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August 02, 2024
8th Circ. Says Mining Co. Can't Escape Peruvians' Claims
The Eighth Circuit refused to overturn a ruling greenlighting litigation filed by more than 1,400 Peruvian nationals against U.S. billionaire Ira Rennert and his holding company The Renco Group seeking to hold them liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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August 02, 2024
Mich. AG Says Enbridge 6th Circ. Rehearing Bid Is Meritless
Michigan Attorney General Dana Nessel is fighting Enbridge Energy's bid for a full Sixth Circuit rehearing on a decision to send a challenge to its Line 5 pipeline back to state court, saying none of the company's arguments against remand are viable.
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August 02, 2024
Former ABA President, Maynard Cooper Founder, Dies At 74
Alabama lawyer H. Thomas "Tommy" Wells Jr., the 2008-2009 American Bar Association president and founder of one of the firms that merged to create Maynard Cooper & Gale PC, died Wednesday. He was 74.
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August 02, 2024
SEC Narrows Its Rulemaking Focus As Election Looms
The U.S. Securities and Exchange Commission's aggressive rulemaking spree is showing signs of dwindling as November elections loom, although several proposals could be primed for autumn votes if regulators wish to tackle hot-button topics.
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August 02, 2024
Tribes Seek Commission's Help On Canada Mining Policy
A consortium of southeast Alaska tribes is urging the Inter-American Commission on Human Rights to call on Canada and British Columbia to formally consult and obtain their "free, prior and informed consent" ahead of looming permitting decisions for the Eskay Creek gold mine.
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August 02, 2024
Taxation With Representation: Sullivan, Dechert, Kirkland
In this week's Taxation With Representation, BNP Parabis SA acquires an investment management subsidiary for €5.1 billion, Cleveland accounting firm CBIZ merges with competitor Marcum for $2.3 billion, and Arcosa Inc. inks a deal with a family-owned construction materials business for $1.2 billion.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 02, 2024
Iberdrola To Buy 88% Of UK Electric Power Co. In $5.5B Deal
Spanish electric utility company Iberdrola said Friday it plans to buy 88% of Electricity North West in a deal that values the British electric power network at roughly €5 billion ($5.5 billion), including debt.
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August 01, 2024
Toyota Accused Of Blocking Rival Hydrogen Fueling Station
Owners of hydrogen-powered Toyota Mirais are suing the automaker, claiming in a proposed class action that Toyota blacklisted a California State University fuel station and has its "boot on the necks" of other hydrogen pump operators in the state.
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August 01, 2024
Monsanto Wants Wash. Justices To Deny PCB Tort Petition
Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.
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August 01, 2024
Mich. Justices Uphold Tighter Manure Discharge Regs
A split Michigan Supreme Court on Wednesday upheld state regulators' increased protective permit conditions for animal feeding operations and said challengers to those conditions must fully exhaust administrative appeals before they can bring the issue to court.
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August 01, 2024
Kirkland & Ellis Guides Arcosa On $1.2B Stavola Buy
Texas infrastructure products company Arcosa Inc., advised by Kirkland & Ellis LLP, has agreed to buy the family-owned construction materials business of Stavola Holding Corp. for $1.2 billion, moving forward in its "long-term vision" that includes increasing its aggregates presence across the U.S., Arcosa announced Thursday.
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August 01, 2024
Calif. AG Says States Opposing 'Clean Fleets' Law Tout EVs
California's Attorney General Rob Bonta looked to slam the brakes Wednesday on a legal challenge brought by 16 states against the Golden State's Advanced Clean Fleets regulation, saying the complaint must be dismissed for lack of standing because the states themselves are encouraging electric vehicle production.
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August 01, 2024
Conservation Groups Take Aim At ESA Regs
Conservation groups are asking a California federal judge to throw out Endangered Species Act regulations put forward earlier this year, claiming federal agencies shortchanged their environmental review duties and moved ahead with changes that will harm the imperiled plants and animals the statute is supposed to protect.
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August 01, 2024
Feds Say Farmworkers Should Have Sued State Over Wages
The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.
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August 01, 2024
Latham, Ellenoff Rank Among Top Firms For July IPOs
Latham & Watkins LLP and Ellenoff Grossman Schole LLP were among the leading law firms that steered the most initial public offerings during July, which marked the year's busiest month in terms of IPO proceeds.
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August 01, 2024
JPML Greenlights Shale Oil Price-Fixing MDL In New Mexico
A group of U.S. shale oil producers will have to defend claims that they conspired with OPEC to artificially inflate gas prices in New Mexico federal court after the U.S. Judicial Panel on Multidistrict Litigation centralized at least five suits there Thursday.
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August 01, 2024
Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case
Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.
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August 01, 2024
Weil-Led Goldman Sachs Plugs $440M Into Power Biz
Renewable power company BrightNight on Thursday announced that it has secured a $440 million strategic investment from Goldman Sachs Alternatives' infrastructure business, which is led by Weil Gotshal & Manges LLP.
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August 01, 2024
Texas Judge Pauses Border Buoy Trial After 5th Circ. Ruling
A federal judge on Thursday postponed a bench trial in the Biden administration's suit against Texas over a border barrier in the Rio Grande after the Fifth Circuit vacated the district court's order for Texas to move the barrier during litigation.
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August 01, 2024
EPA Objects To Colorado Air Permit For Oil And Gas Site
The U.S. Environmental Protection Agency is directing Colorado officials to revisit an operating permit issued for an oil and gas well site north of Denver, in response to concerns raised by a conservation group.
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August 01, 2024
5th Circ. Backs Louisiana's Block Of EPA Chemical Rule
The Fifth Circuit on Wednesday refused to overturn a Louisiana agency's move to block the U.S. Environmental Protection Agency from enforcing a chemical rule that a neoprene maker says would force it to shut down.
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August 01, 2024
3rd Circ. Says Enviro Fight No Reason To Reopen Ch. 11
The Third Circuit ruled Thursday that Bath Iron Works' potential liability over a polluted New Jersey river doesn't affect the Chapter 11 case of the shipbuilder's former affiliate, backing a district court that decided a bankruptcy judge erred in reopening the case.
Expert Analysis
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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'Energy Communities' Update May Clarify Tax Credit Eligibility
A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.