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Environmental
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November 08, 2024
Atlanta's 'Cop City' Nears Completion, Outrunning The Courts
A series of legal challenges and a protest movement that thrust Atlanta into the international spotlight appear unlikely to halt construction of the city's controversial public safety training center known as "Cop City," which is headed for completion in the coming months.
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November 08, 2024
Ga. Judge Sets 2nd Trial Plan For Solar Farm Damages Fight
A Georgia federal judge said he's moving ahead with plans for a second jury to decide how much in damages the owner and developers of Lumpkin Solar Farm owe a neighboring property owner for harms stemming from runoff and some 1,000 cubic yards of sediment that have washed off the site.
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November 08, 2024
NYC Water Worker Alleges Retaliation For Off-Duty Pot Use
A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.
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November 08, 2024
NH Defends Feds' White Mountain Logging Projects
The state of New Hampshire is asking a federal judge to reject a conservation group's bid to block two logging projects the U.S. Forest Service approved for the White Mountain National Forest, arguing that they will deliver needed forest and wildlife habitat improvements.
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November 08, 2024
NC Forest Service Workers Defend OT Wage Suit Win
A group of state foresters urged the North Carolina Court of Appeals to affirm a trial court order requiring they be paid overtime for work combating forest fires, saying state agencies clearly agreed to compensate them at a rate of time-and-a-half of their regular pay under a reimbursement deal with the federal government.
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November 08, 2024
ND Wants To Back Feds In Dakota Access Pipeline Row
North Dakota wants to back the federal government in a challenge by the Standing Rock Sioux Tribe seeking to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing a shutdown would undermine the state's interests in oil and gas regulation activity.
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November 08, 2024
Kentucky Utility Asks High Court To Stay EPA Coal Ash Rule
A Kentucky electric utility called on the U.S. Supreme Court to halt the U.S. Environmental Protection Agency's rule strengthening federal regulations requiring safe management of coal ash dumped at operating and retired power plants, while it appeals the D.C. Circuit's refusal to block the rule.
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November 08, 2024
Special Master Recommends $7.8M For Flint Plaintiffs' Attys
A Special Master has recommended that attorneys representing plaintiffs in the Flint Water Crisis litigation receive $7.8 million in fees for their role in securing a $25 million settlement with Veolia North America finalized last month.
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November 08, 2024
Landowners Ink $6.5M Deal To Cap Inactive Gas Wells
A group of landowners is asking a West Virginia federal court to approve a proposed settlement that would have Diversified Energy Co. more than quadruple its commitment to plugging inactive gas wells that it obtained from EQT Corp., meaning that it will cap off at least 2,600 wells in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia and Tennessee by 2035.
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November 08, 2024
White & Case Adds Life Sciences IP Atty From A&O Shearman
A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.
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November 08, 2024
Experienced Dealmakers Lead 3 SPACs Raising $365M Total
Three special purpose acquisition companies began trading Friday after pricing initial public offerings that raised $365 million combined under guidance from four law firms, marking the latest sign that more SPACs, particularly those with prior deals under their belts, are willing to test an improving market.
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November 08, 2024
NC Furniture-Maker Demands Hurricane Helene Coverage
A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.
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November 08, 2024
Gov't Union Continues Organizing Push For DOJ Attys
Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.
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November 08, 2024
Judge Will Give Solar Co. $3M Interim Lifeline In Ch. 11
A Delaware bankruptcy judge said Friday she will grant Oya Renewables, a solar energy producer with offices in Boston and Toronto, interim access to $3 million in postpetition funding on offer from its Chapter 11 stalking horse bidder once some final modifications are made.
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November 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.
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November 07, 2024
Plastics Industry Can't Stop Calif. AG's Pollution Subpoena
A D.C. federal judge on Wednesday denied a plastics industry group's second bid to stop California's attorney general from enforcing a subpoena in a global plastic pollution probe, saying the group again failed to establish that the court had personal jurisdiction over the Golden State's top attorney.
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November 07, 2024
W.Va. Coal Mine Held In Contempt Again Over Pollution
A West Virginia federal judge held Lexington Coal Co. in contempt for a third time on Thursday over the company's continued failure to address ionic pollution caused by its coal mining operations in Appalachia, ordering it to pay a $50,000 fine and establish a $100,000 fund to achieve compliance.
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November 07, 2024
NM Tribe Settles Land Claim Dispute With Feds
The Pueblo of Jemez and the U.S. government have settled in New Mexico federal court the tribe's claim on land within the Valles Caldera National Preserve, finally agreeing in the 12-year-old dispute that Jemez has aboriginal title to an area known as Banco Bonito.
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November 07, 2024
7th Circ. Sends Refuge Power Line Fight Back To Wis. Judge
A Seventh Circuit panel scrapped stayed preliminary injunctions that temporarily blocked a power transmission line from crossing the Upper Mississippi River National Wildlife and Fish Refuge, directing a Wisconsin federal judge to determine if conservation groups' request for permanent relief is warranted or even possible with the line now built.
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November 07, 2024
Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute
The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.
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November 07, 2024
Attys For Solar Co. Ex-CEO Should Be DQ'd, Plaintiffs Say
The lawyers representing the former CEO of a bankrupt solar energy company should be disqualified, attorneys for the plaintiffs in a suit against him said Wednesday, arguing that the firm had multiple conflicts of interest with its work as in-house counsel for the solar energy company and was intentionally delaying discovery because of its "obvious web of conflicting obligations."
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November 07, 2024
Ex-Cop, Brother Admit Energy Contract Kickback Scheme
A former Massachusetts police officer and his electrician brother pled guilty Wednesday to paying off employees of a utility ratepayer-funded energy savings program administrator who steered $36 million in contracts their way, federal prosecutors said Thursday.
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November 07, 2024
Calif. Gov. Lays Groundwork To Fight Trump Policies In Court
California Gov. Gavin Newsom called a special legislative session on Thursday to fund litigation against President-elect Donald Trump's potential erosion of abortion rights, immigration protections and environmental progress, saying lawyers for the blue state have already begun preparing "to challenge in court unconstitutional and unlawful federal policies."
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November 07, 2024
Shook Hardy Adds Former Assistant Illinois AG
In its effort to become one of the nation's premier white collar firms, Shook Hardy & Bacon LLP is bringing in from Dechert LLP a former Illinois assistant attorney general as a partner in its Chicago office.
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November 07, 2024
Louisiana Says EPA Usurped State Power In Pollution Row
The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
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.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
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.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
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.
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When Trauma Colors Testimony: How To Help Witnesses
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.
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Series
Being An Opera Singer Made Me A Better Lawyer
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.
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Navigating The Uncertain Landscape Of Solar Tariffs
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.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
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.
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How Law Firms Can Avoid 'Collaboration Drag'
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.
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When The Supreme Court Gives You Lemons, Make Lemonade
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.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
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.
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The Ethics of Using Generative AI In Environmental Law
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.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
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.
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What NFL Draft Picks Have In Common With Lateral Law Hires
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.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
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.
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Replacing The Stigma Of Menopause With Law Firm Support
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.