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Environmental
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February 26, 2025
Enviro Group Says Chemours Is Dumping PFAS In Ohio River
A nonprofit has asked a West Virginia federal court to stop Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River.
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February 26, 2025
Lloyds Seeks To Trim Oil Cos.' Suit Over Water Pollution Claim
Certain underwriters at Lloyd's of London urged a New Mexico federal court to toss bad faith claims that two oil and gas companies lodged in a coverage action over the release of a waste byproduct that triggered state-supervised remediation efforts, arguing they haven't even formally denied coverage yet.
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February 26, 2025
Wash. Judge Says Officials Are Immune To Energy Code Suit
A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.
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February 26, 2025
US Chamber Wants Calif. Climate Disclosure Regs Blocked
The U.S. Chamber of Commerce and other business groups have asked a California federal judge to block the state's corporate climate disclosure rules, arguing companies are already suffering harm due to laws that are "so overinclusive, they flunk any First Amendment test."
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February 26, 2025
Judge Won't Disqualify Firm In Solar Co. Fraud Fight
A federal judge denied Michigan residents' attempt to disqualify attorneys representing a bankrupt solar company's former founding CEO in their fraud case, holding that the law firm's allegedly obstructionist discovery tactics don't amount to an actual conflict of interest.
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February 26, 2025
Kirkland-Led Blackstone Wraps $5.6B Energy-Focused Fund
Private equity giant Blackstone, advised by Kirkland & Ellis LLP, on Wednesday announced that it wrapped its fourth energy transition-focused private equity fund after securing $5.6 billion of investor commitments.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Pa. Biotech Co. Can't Escape $4M Trade Secrets Award
A Delaware vice chancellor declined Monday to nix a nearly $4 million arbitral award issued to Finnish company UPM-Kymmene Corp. in a long-running trade secrets dispute, ruling that a link between the arbitrator and the Finnish company's counsel at DLA Piper was "at most, an attenuated connection."
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February 25, 2025
Aircraft Parts Maker Hit With Class Claims Over Explosion
Philadelphia-area aerospace parts manufacturer SPS Technologies LLC has been hit with a class action over an explosion that resulted in a dayslong blaze at its Abington, Pennsylvania, facility that caused school and business closures as well as evacuations.
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February 25, 2025
Sterilization Co. Can't Pin Cancer On Genetics, Jury Told
A Colorado woman who alleged toxic emissions from a medical sterilization plant caused her breast cancer testified Tuesday in state court that her family's cancer history was not as extensive as she originally believed, as a lawyer for the company pressed her on genetics and other factors that could increase her cancer risk.
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February 25, 2025
New Mexico Pueblos Want In On Fed Mineral Lease Ban Suit
Two Native American pueblos have asked a New Mexico federal judge to let them intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, saying it is sacred to all pueblo people.
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February 25, 2025
WestRock Blamed For Toxic Vapors In Worker's Injury Suit
The WestRock packaging company has been hit with a negligence suit in Washington federal court by a worker who claims exposure to fumes from a chemical spill while doing repairs at a Pacific Northwest paper mill caused him to suffer a collapsed lung and later be diagnosed with a tumor.
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February 25, 2025
Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit
An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.
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February 25, 2025
River Agency Says Harvey Flood Dispute Was Already Decided
A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Spent Fuel Casks Are Taxable Real Property, NJ Court Rules
Storage casks housing highly radioactive spent nuclear fuel are subject to taxation as real property, the New Jersey Tax Court ruled Tuesday.
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February 25, 2025
Macquarie Investors Fight To Keep Stock-Drop Suit Alive
Investors accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business say that because the U.S. Supreme Court left most of their claims against the company intact, the district court should not grant dismissal on remand.
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February 25, 2025
Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose
California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.
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February 25, 2025
Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding
The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.
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February 25, 2025
Wiley Adds Environment And Product Regulation Pro In DC
Washington, D.C., firm Wiley Rein LLP has expanded its environmental offerings with the addition of a veteran attorney and policy pro.
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February 25, 2025
WilmerHale, Cleary Steer $4.1B Thermo Fisher-Solventum Deal
WilmerHale and Cleary Gottlieb Steen & Hamilton LLP are the principal advisers on a new agreement for Thermo Fisher Scientific Inc. to purchase the purification and filtration business of Solventum for $4.1 billion in cash, according to statements from the companies on Tuesday.
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February 24, 2025
9th Circ. Mostly Clears The Way For Mont. Logging Project
The Ninth Circuit on Monday reversed portions of a Montana federal judge's decision to vacate U.S. Forest Service approval of a controversial Black Ram logging project on the Kootenai National Forest, but told the lower court it had to take a closer look at some of the environmentalists' objections.
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February 24, 2025
Dominican Republic Slams Report Favoring $44M Award
The Dominican Republic has urged a D.C. federal court to reject a magistrate judge's recommendation to enforce a nearly $44 million arbitral award issued after the country terminated a landfill concession, saying there was never an underlying arbitration agreement.
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February 24, 2025
Feds Say Tribe's 'Vague' Claims Won't Save Pipeline Suit
The federal government on Monday doubled down on its attempt to dismiss the Standing Rock Sioux Tribe's suit seeking to block an energy company from operating part of the Dakota Access Pipeline, saying the D.C. federal court can't grant the relief requested.
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February 24, 2025
Border Wall Cos. Learned Of Fund Row In 2024, 5th Circ. Told
A group of contractors told the Fifth Circuit Monday that they had no choice but to intervene in Texas and Missouri's suit over border wall funds on the eve of a final judgment because they were only notified days before that a preliminary injunction regarding the funds would affect them.
Expert Analysis
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Hydrogen Regs Will Provide More Certainty — If They Survive
Newly finalized regulations implementing the Section 45V clean hydrogen tax credit allow producers more flexibility, and should therefore help put the industry on more solid footing — but the incoming Trump administration and Republican Congress will have multiple options for overturning or altering the regulations, say attorneys at Steptoe.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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Climate Disclosure Spotlight Shifts To 2 Calif. Laws
With Donald Trump's election spelling the all-but-certain demise of the proposed federal climate disclosure rules, new laws in California currently stand as the nation's only broadly applicable climate disclosure requirements — and their brevity is both a blessing and a curse, say attorneys at Davis Polk.
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Final Hydrogen Tax Credit Regs Add Flexibility For Producers
The recently released final regulations implementing the Inflation Reduction Act's clean hydrogen production tax credit offer taxpayers greater flexibility, reducing risk and creating more certainty for investments in the industry, thus diminishing — but not eliminating — the risk of legal challenges to the regulations, say attorneys at Steptoe.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Anticipating The Maritime Sector's Future Under Trump 2.0
With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.