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Environmental
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November 26, 2024
NC Governor Says $227M Hurricane Relief Bill 'Plays Politics'
North Carolina Gov. Roy Cooper on Tuesday vetoed a Hurricane Helene disaster relief bill in which Republican lawmakers had shoehorned measures to strip his and other Democrat-controlled offices of certain powers, calling it "sham" legislation.
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November 26, 2024
Maine Launches Climate Fraud Suit Against Oil Giants
Maine Attorney General Aaron Frey slapped Exxon, Shell, Chevron and other oil giants with a complaint in state court Tuesday, echoing claims asserted by other states and municipalities across the country that the companies carried out a successful climate deception campaign for decades.
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November 26, 2024
EPA Overstepped With Methane Control Rule, DC Circ. Told
The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.
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November 26, 2024
Ill. Landowners Blast FERC Moves On $7B Power Line
The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.
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November 26, 2024
Chemical Co. Demands Defense Coverage In PFAS Foam MDL
Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.
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November 26, 2024
River Group Sues Pa. Silver Refiner Over Water Pollution
A Delaware River advocacy group has filed a Clean Water Act lawsuit against a Pennsylvania silver refinery, alleging the facility has been dumping polluted stormwater into the river.
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November 25, 2024
Swinomish Tribe Wants In On Tidegate Opinion Fight
The Swinomish Indian Tribal Community has asked a Washington federal judge to let it intervene in a lawsuit by a county dike district against a U.S. government biological opinion that finds that a proposed tidegate project endangers salmon.
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November 25, 2024
FHWA Says Rule Doesn't 'Compel' States To Lower Emissions
The Federal Highway Administration defended a new rule calling on states to set targets to reduce greenhouse gas emissions from federally funded highway projects, telling the Fifth Circuit in a Friday brief the rule doesn't actually compel states to lower their emissions.
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November 25, 2024
GATX Rips Norfolk Southern's Bid To Shift Derailment Liability
GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.
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November 25, 2024
Monsanto Attacks 'Frankenstein' Ruling In $185M PCB Verdict
Even though a lower state appellate court upended a $185 million jury verdict in a PCB tort brought by schoolteachers, Monsanto says Washington's high court should reject the part of the ruling that created a "Frankenstein's monster" that could let the teachers get around the state's ban on punitive damages in product liability cases by relying on Missouri law.
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November 25, 2024
Calif. Gov. Promises EV Tax Credit If Trump Axes Federal
California Gov. Gavin Newsom on Monday said that he's preparing to save electric vehicle tax credits — at least for residents of his state — if the Trump administration and a Republican Congress eliminate federal ones.
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November 25, 2024
$65M Deal In Texas Drilling Suit Gets Final OK
A Texas federal judge gave the final green light Monday to a $65 million settlement against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Kirkland, Milbank Shape $3.5B Blackstone-EQT Corp. JV
EQT Corp., led by Kirkland & Ellis, will form a $3.5 billion joint venture with Blackstone Credit & Insurance to take over ownership of the Mountain Valley Pipeline and other midstream assets that EQT got in its re-acquisition of Equitrans Midstream, the partners announced Monday.
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November 25, 2024
Kennedys Gets Green Light For Net-Zero Goal
Kennedys said Monday its plan to reach net-zero carbon emissions by 2040 has received approval from a scheme run by a coalition of nonprofit organizations to help businesses set goals and plans to reduce their pollutants.
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November 25, 2024
Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'
Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.
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November 25, 2024
Justices Pass On Ex-Atty's Puerto Rico Bribery Appeal
The U.S. Supreme Court on Monday declined to review the bribery convictions of a former attorney who solicited and accepted payments from an environmental contractor to influence three Puerto Rican mayors and helped the contractor secure government contracts worth millions of dollars.
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November 22, 2024
Trump Makes Picks For FDA, CDC And Surgeon General
President-elect Donald Trump on Friday revealed his nominations for several health agencies, picking Johns Hopkins surgeon and professor Dr. Marty Makary for Food and Drug Administration commissioner, former Rep. Dave Weldon, R-Fla., as the Centers for Disease Control and Prevention director, and Fox News contributor Dr. Janette Nesheiwat for surgeon general.
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November 22, 2024
Pam Bondi's 'Greatest Hits' As Florida Attorney General
In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.
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November 22, 2024
EPA Targets Stationary Combustion Turbine NOx Emissions
The Biden administration isn't letting Donald Trump's presidential election victory block its air pollution agenda, as it proposed a rule Friday that would strengthen limits on emissions of nitrogen oxides from new gas-fired power plants and other sources.
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November 22, 2024
Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed
A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.
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November 22, 2024
New Congress Could Undo Rules On Drinking Water, Methane
A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.
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November 22, 2024
Hunting Groups Sue Colo. Wildlife Regulators Over Editorial
Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.
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November 22, 2024
Manhattan Project Waste Suit Sent Back To Mich. State Court
A Michigan federal judge on Friday remanded back to state court a lawsuit from communities trying to prevent a local landfill company from accepting decades-old radioactive waste from the development of the first atomic bomb, finding a state judge can answer the unsubstantial federal question raised in the case.
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November 22, 2024
Bulgaria Looks To Nix $61M Renewable Energy Award Suit
Bulgaria is urging a D.C. federal court to nix litigation filed by Maltese investor ACF Renewable Energy Ltd. to enforce a €61 million ($63.54 million) arbitral award it won following a dispute over a nixed tariff program, arguing that it never agreed to arbitrate with ACF.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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SEC Action Indicates Continued Focus On ESG Disclosures
The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.