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Environmental
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June 24, 2024
6th Circ. Won't Rethink Partial Revival Of Sanofi Pollution Suit
The full Sixth Circuit has declined to review a split panel's decision reviving parts of a Sanofi unit's lawsuit against a Tennessee landfill owner it accused of improperly shuttering the dump, which then led to the contamination of water at its property.
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June 24, 2024
Justices Will Review Request To Rein In NEPA Requirements
The U.S. Supreme Court on Monday granted seven Utah counties' request that it review a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah.
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June 21, 2024
DOL Says Union's Farm Wage Challenge Too Late
The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.
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June 21, 2024
SEC Bypassed Congress On Climate Regs, Suing States Say
A coalition of Republican-led states suing the U.S. Securities and Exchange Commission over recently adopted climate disclosure regulations presented their opening pitch for vacating those regulations to the Eighth Circuit on Friday, arguing that Congress has passed on the opportunity to demand climate risk reporting from publicly traded companies.
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June 21, 2024
Fed Circ. Revives Gov't Defenses In Land Underpayment Case
The Federal Circuit on Friday revived a dispute alleging that the U.S. Forest Service underpaid for a property, saying the U.S. Court of Federal Claims wrongly rejected the agency's arguments that the seller shouldn't have relied on a disputed appraisal when selling.
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June 21, 2024
Feds, Enviros Spar Over Power Line Crossing Through Refuge
The federal government and sparring environmental groups both called on a Wisconsin federal court to grant them judgment in litigation seeking to upend a land exchange that would allow a high-voltage transmission line to cross part of the Upper Mississippi River National Wildlife and Fish Refuge.
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June 21, 2024
Fed. Circ. Backs Subsidy Duties For Canadian Wind Towers
A Canadian wind tower manufacturer can't get a break on countervailing duties despite being upfront about errors in its sales data, with the Federal Circuit ruling Friday that the errors raise the possibility of additional mistakes.
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June 21, 2024
NY Judge Says Feds, MTA Fully Vetted Congestion Pricing
A Manhattan federal judge has said federal and New York transportation agencies meticulously analyzed congestion pricing's potential impacts on traffic, air quality and other factors, rejecting local residents and community groups' claims that the Big Apple's now-paused congestion pricing was improperly approved.
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June 21, 2024
Costco Sued Over PFAS In Kirkland Brand Baby Wipes
Costco is facing a proposed class action over its fragrance-free "natural" baby wipes, which consumers claim are made with toxic levels of forever chemicals, rendering them unsafe for use on children.
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June 21, 2024
Calif. Gov. Backs Return Of 2,800 Acres To Shasta Nation
California Gov. Gavin Newsom has thrown his support behind the return of more than 2,800 acres of ancestral land seized through eminent domain more than a century ago to the Shasta Indian Nation, marking the largest tribal land effort in the state's history.
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June 21, 2024
Hawaii DOT Settles Kids' Suit Over Fossil Fuel Use
The Hawaii Department of Transportation has agreed to implement "transformative changes" to the state's transportation system to achieve zero emissions in all ground transportation and interisland sea and air transportation by 2045, as part of a settlement reached with a group of young people.
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June 21, 2024
8 Firms To Lead 4 IPOs Totaling $806M As Action Heats Up
Eight law firms are slated to guide four initial public offerings estimated to raise a combined $806 million during the week of June 24, potentially closing a slow month for new listings with a bang.
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June 21, 2024
Wolverine Inks Deal To End PFAS Coverage Fight
Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."
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June 21, 2024
6th Circ. Says Counties Not On Hook For Mich. Dam Collapse
A Sixth Circuit panel agreed that two Michigan counties can't be forced to compensate homeowners for destructive flooding caused by a dam's collapse, finding Thursday that the counties did not cause the damage to the homeowners' properties.
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June 21, 2024
Taxation With Representation: Travers Smith, Potamitis Vekris
In this week's Taxation With Representation, RSK Group Ltd. gets a £500 million ($632 million) investment, Boston Scientific Corp. acquires Silk Road Medical Inc., Masdar takes a part of Terna Energy SA, and Tate & Lyle PLC buys CP Kelco from JM Huber Corp.
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June 21, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.
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June 21, 2024
Feds Offer $850M To Slash Methane From Oil And Gas
The Biden administration on Friday unveiled the latest prong of its multifaceted plan to cut methane emissions from the oil and gas sector: $850 million worth of federal funding for projects that monitor, measure and reduce emissions from oil and gas infrastructure.
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June 21, 2024
Justices Say No Feds, No Dice In Texas-NM Water Deal
The U.S. Supreme Court on Friday ruled that Texas, New Mexico and Colorado improperly excluded the federal government from an agreement that resolved a Rio Grande water sharing dispute, rejecting the states' argument that the conflict was theirs alone to settle.
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June 20, 2024
Sunnova Execs Committed Insider Trading, Shareholder Says
A shareholder says solar energy company Sunnova Energy International Inc.'s executives lied about the company's predatory sales practices and opened the company up to securities litigation and heat from regulators, telling a Texas federal court Thursday that the executives breached their fiduciary duties.
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June 20, 2024
6 Firms Build Hydrogen Developer's $1.6B SPAC Merger
Chinese hydrogen solutions company United Hydrogen Group Inc. on Thursday announced plans to go public through a merger with special-purpose acquisition company Aimei Health Technology Co. Ltd. in a deal that values the combined business at roughly $1.6 billion on a pro forma basis and was built by six law firms.
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June 20, 2024
Carbon Capture Struggles Doom EPA Rule, DC Circ. Told
Challengers of the U.S. Environmental Protection Agency's new greenhouse gas emissions standards for power plants reiterated to the D.C. Circuit that the impossibility of rapidly installing carbon capture and sequestration at power plants is reason enough to block the rule's implementation.
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June 20, 2024
Ore. Water Treatment Plant Not On Farmland, Tax Court Says
Portions of farmland used for a wastewater treatment facility were correctly denied a special farm-use assessment rate, the Oregon Tax Court said, allowing the special rate for other contested areas of the property.
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June 20, 2024
EPA Water Rule Withstands Landowner's Attempt To Block It
A North Carolina federal judge declined to block the federal government's rule defining the scope of the Clean Water Act in a lawsuit filed by a landowner seeking to develop property in wetlands areas.
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June 20, 2024
Federal Agencies Release Updated Climate Adaptation Plans
More than 20 federal agencies on Thursday published updated climate adaptation plans that are intended to serve as guides for facing problems like extreme heat and precipitation, sea level rise, flooding and wildfire that could put facilities, supply chains and employees at risk.
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June 20, 2024
5 Firms Build Masdar's $3.4B Buy Of Greek Energy Biz
United Arab Emirates renewable energy company Masdar on Thursday unveiled plans to acquire two-thirds of Greek clean energy platform Terna Energy SA in a deal that boasts a €3.2 billion ($3.4 billion) enterprise value and was built by five law firms.
Expert Analysis
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules
Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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The Competing Goals Of Environmental And Bankruptcy Laws
Recent economic pressures combined with environmental liabilities have led to some of the largest bankruptcy filings in U.S. history, meaning debtors and creditors should be aware of the challenges, conflicts and uncertainties that arise at the intersection of these two legal fields, say Andrew Gallo and Duke McCall at Morgan Lewis.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.