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Environmental
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October 09, 2024
Ag Groups Defend Farm Emissions Reporting Exemption
Agricultural industry groups called on a Washington, D.C., federal judge to toss green groups' claims alleging the U.S. Environmental Protection Agency overstepped its authority in exempting factory farms from pollution-reporting requirements, arguing the agency merely implemented Congress' command.
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October 09, 2024
Louisiana Judge Reopens EPA's Enforcement Against Denka
A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.
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October 09, 2024
EPA Will Clean Up 7 Abandoned Mines On Navajo Land
The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.
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October 09, 2024
Ex-NC Govs. Back Cooper In Power Struggle With Lawmakers
Five former governors of North Carolina have thrown their support behind the current Democratic governor as he wrestles with Republican lawmakers over appointment powers, telling the state appeals court that the legislature has trampled on "a bedrock constitutional principle" by seeking to divest the governor of his ability to select members of executive branch agencies.
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October 09, 2024
47 Members Of Congress Urge EPA To Ban Paraquat
Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."
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October 08, 2024
NY Discharge Law Usurps Feds, Nuclear Plant Owner Says
The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.
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October 08, 2024
Texas Looks To Sink Suit Challenging Anti-ESG Law
Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
GOP, Trade Groups Urge 6th Circ. To Void Highway GHG Rule
Republican lawmakers and construction trade groups are urging the Sixth Circuit to snuff out for good a U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.
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October 08, 2024
Enviro Groups Seek To Overturn Nuclear Plant Renewal Rules
Anti-nuclear power groups are challenging new nuclear power plant license renewal rules from the Nuclear Regulatory Commission, telling the D.C. Circuit on Monday that the changes violate federal environmental protection law.
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October 08, 2024
Coolant Cos. Challenging HFC Rules Meet Skeptical DC Circ.
A D.C. Circuit panel Tuesday seemed dubious of coolant industry challenges to the U.S. Environmental Protection Agency's omission of 2020 market data in calculating the agency's framework for phasing down climate-harming hydrofluorocarbons.
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October 08, 2024
EPA Inks Historic $4.2M Deal Over Philly Refinery Explosion
The U.S. Environmental Protection Agency revealed on Tuesday that it has reached a $4.2 million proposed deal with Philadelphia Energy Solutions Refining and Marketing LLC, settling a Clean Air Act claim tied to a June 2019 leak and explosion at the company's former South Philadelphia refinery.
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October 08, 2024
Aluminum Recycler Novelis Scraps IPO, Citing Market Woes
Aluminum recycling giant Novelis Inc. on Tuesday withdrew filing documents for an initial public offering, citing market conditions and formally scrapping a proposed listing nearly five months after it delayed plans to raise almost $900 million.
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October 08, 2024
Mich. Judge Won't Halt EV Battery-Plant Build During Appeal
A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.
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October 08, 2024
Judge Clarifies Contentious Registration Rule For Contractors
The U.S. Court of Federal Claims clarified that a contentious registration requirement for federal contractors only kicks in when they submit final proposals in response to government solicitations, blessing a previously disqualified business' $45 billion nuclear cleanup deal.
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October 08, 2024
Marathon Co. Wants 'Both Bites' In Pipeline Row, 8th Circ. Told
A group of tribal landowners looking to intervene in the federal government's appeal related to a Marathon Petroleum Corp. subsidiary's pipeline that crosses part of reservation lands told the Eighth Circuit that the company can't have "both bites of the apple" in fighting their bid to dismiss the case.
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October 08, 2024
Eggland's Best Says Cage-Free Eggs Are Exactly That
Eggland's Best asked an Illinois federal judge on Monday to toss a suit claiming it misled consumers about the quality of care for its hens and the conditions in which they lived, arguing its cage-free eggs are unquestionably labeled as such and that the plaintiffs "twist themselves into knots" to render the products deceptive.
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October 08, 2024
Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit
AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy encompasses greenhouse gas emissions.
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October 08, 2024
IRS Appeals Office's Easement Deals May Sap Independence
The IRS Independent Office of Appeals plans to settle certain conservation easement cases with similar terms offered by other IRS divisions, but these upcoming offers might be challenging for taxpayers to navigate and could undermine the office's independence from the rest of the agency.
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October 08, 2024
Avian Orgs Say FWS Unlawfully Tossed Bid To Import Parrots
Two exotic bird nonprofits told the Eleventh Circuit Tuesday that they should have the chance to make their case for importing two parrot species to the U.S. Fish and Wildlife Service, which the nonprofits say unlawfully refused to even consider the petitions.
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October 08, 2024
Pa. Developers Defend Efforts To Remediate Landslide Damage
A Western Pennsylvania property development company asked the Pennsylvania Commonwealth Court on Tuesday to throw out a contempt order in connection with an agreement to provide remediation to a community it built that was devastated by a landslide, arguing it poured its personal and business funds into the project.
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October 08, 2024
Federal Regs Could Ground Airport Pollution Suit, Judge Hints
A Washington federal judge acknowledged Tuesday that federal regulations are an obstacle to Seattle residents' suit against airlines and the city's primary airport over alleged flight-path pollution, while suggesting more discovery could be needed before he can rule out their claims entirely.
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October 08, 2024
DC Judge Won't Rethink Striking Down USDA Wetland Rule
A Washington, D.C., federal judge on Tuesday refused to reconsider her decision to vacate a U.S. Department of Agriculture rule designed to stop the development of wetlands on farmland and struck down those regulations.
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October 08, 2024
Industry, Utilities Take Aim At EPA's Drinking Water PFAS Rule
Water utility associations and chemical industry players asked the D.C. Circuit to strike down the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water.
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October 08, 2024
J&J Greenwashes '100% Plant-Based' Wipes, Suit Says
Johnson & Johnson customers hit the pharmaceutical giant with a putative false advertising class action in California federal court alleging its line of Aveeno makeup removing wipes are not 100% plant-based or environmentally friendly as the package claims.
Expert Analysis
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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.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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State Procurement Could Be Key For Calif. Offshore Wind
A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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A Deep Dive Into The Evolving World Of ESG Ratings
Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.