Environmental

  • January 07, 2025

    DC Circ. OKs FERC's Approval For Indiana Pipeline

    A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.

  • January 07, 2025

    Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit

    A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.

  • January 07, 2025

    No Problem With $217M Dam Repair Tax, Mich. Panel Says

    A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.

  • January 07, 2025

    Eckert Seamans Adds Former Trump Interior Dept. Atty

    Eckert Seamans Cherin & Mellott LLC is the latest firm to get in on the exploding lateral movement in the energy legal market following the 2024 presidential election, adding a former Trump administration attorney who served in a first-of-its-kind role in the first administration's Interior Department.

  • January 07, 2025

    6 Firms Guide $5.6B PE-Backed Deal For GFL Unit

    Six law firms are guiding a deal disclosed Tuesday that will see funds managed by affiliates of Apollo and BC Partners purchase the environmental services business of GFL Environmental Inc. at an enterprise value of 8 billion Canadian dollars ($5.6 billion).

  • January 07, 2025

    CFTC Chair Behnam To Step Down When Trump Takes Office

    U.S. Commodity Futures Trading Commission Chair Rostin Behnam announced Tuesday that he will resign his chairmanship on Inauguration Day in order to make way for new agency leadership under incoming President Donald Trump, who has yet to name Behnam's successor.

  • January 07, 2025

    Mintz Environmental Atty Joins Crowell & Moring In SF

    Crowell & Moring LLP is boosting its California environmental team, announcing Tuesday it is bringing in an environmental expert from Mintz Levin Cohn Ferris Glovsky and Popeo PC as a partner in its San Francisco office.

  • January 06, 2025

    Exxon Says Calif. AG, Green Groups Defamed Recycling Effort

    Exxon Mobil Corp. claims California's attorney general and a coalition of conservation groups have disparaged its reputation by declaring that the petrochemical company misled people about the effectiveness of plastic recycling and that its "advanced recycling" doesn't mitigate the problem, according to a lawsuit filed Monday in Texas federal court.

  • January 06, 2025

    Nikola Investors Win Class Cert. In Securities Fraud Litigation

    An Arizona federal judge on Monday certified a class of investors accusing Nikola Corp. of inflating its stock price by exaggerating its ability to manufacture electric trucks, ruling that the shareholders have shown their case warrants the class treatment more than four years after they first sued.

  • January 06, 2025

    EPA Adds 9 PFAS To Its Toxics Release Inventory List

    The U.S. Environmental Protection Agency added nine so-called forever chemicals to the list of chemicals covered by its Toxics Release Inventory, or TRI, thereby requiring facilities that manufacture such chemicals above set quantities to report the amount they release into the environment.

  • January 06, 2025

    Edelson Must Share Info In Tort Case, Colo. Judge Says

    A Colorado state judge has ordered Edelson PC to provide information about advertising in a toxic tort case over ethylene oxide emissions from a medical sterilization facility in Lakewood, with a bellwether trial set for this month.

  • January 06, 2025

    New Rules Won't Lift Political Clouds Over Hydrogen Projects

    The Biden administration's new rules to make hydrogen production tax credits more accessible for project developers and investors may not move the needle much for the industry given President-elect Donald Trump's vow to at least partially repeal the statute that created the credits.

  • January 06, 2025

    Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence

    Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."

  • January 06, 2025

    Feds Hit Georgia Developer With Suit Over Native Artifacts

    The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.

  • January 06, 2025

    Mich. Residents Say Solar Investors Can't Arbitrate Fraud Suit

    Michigan residents who allege Florida investment firms funded a company that duped them into buying defective solar panels have urged a federal judge to deny the firms' bid to arbitrate or dismiss the claims, saying the court has already rejected the investors' arguments.

  • January 06, 2025

    Biden Closes Off Coastal Areas To Offshore Drilling

    President Joe Biden on Monday announced a ban on new offshore oil and gas drilling in more than 625 million acres of U.S. waters on the Atlantic and Pacific coasts and in Alaska after determining that the environmental and economic risks and harms outweigh the benefits of drilling.

  • January 06, 2025

    Paul Hastings, Cravath Steer Pork Giant Smithfield's IPO Filing

    Pork producer Smithfield Foods Inc. on Monday submitted the year's first filing for an initial public offering, part of a spinoff from China's WH Group Ltd., represented by Paul Hastings LLP and underwriters' counsel Cravath Swaine & Moore LLP.

  • January 06, 2025

    Nippon, US Steel Hit Back With Suits After Biden Blocks Deal

    Japan's Nippon Steel Corp. and U.S. Steel Corp. have filed two lawsuits following President Joe Biden's Friday decision to block their planned $14.9 billion merger, claiming Monday that the deal was blocked for "purely political reasons." 

  • January 03, 2025

    3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch

    New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.

  • January 03, 2025

    Energy Cos. Ask Top Calif. Court To End Climate Change Suits

    A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.

  • January 03, 2025

    3 Firms Seek $36M Fee Award In 'Historic' NJ PFAS Deal

    The Law Offices of John K. Dema PC, Kelley Drye & Warren LLP and Cohn Lifland Pearlman Herrmann & Knopf LLP have asked a New Jersey state court to award $36.7 million in attorney fees for their work in securing a $393 million deal over "forever chemical" contamination by Belgian chemical company Solvay as special counsel to the Garden State.

  • January 03, 2025

    Treasury Unveils Flexible Final Regs For Hydrogen Tax Credit

    The U.S. Treasury Department released final rules Friday for hydrogen production tax credits that allow fuel produced using nuclear-generated electricity or methane to qualify for the incentive, making the regulations more flexible than what was proposed last year.

  • January 03, 2025

    Biden Blocks $14.9B US Steel-Nippon Deal

    President Joe Biden on Friday formally blocked the planned $14.9 billion merger between Japan's Nippon Steel and U.S. Steel, making good on a prior pledge to keep the latter steelmaker U.S.-owned in one of his final flexes of executive power over cross-border deals.

  • January 02, 2025

    Samsung Sued Over Alleged PFAS In Galaxy Watch Wristbands

    Samsung has been putting "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, according to a proposed class action filed in California federal court by a Los Angeles resident who cites a newly published scientific study.

  • January 02, 2025

    9th Circ. Revives Pot Fines Suit Against Calif. County

    A proposed class of Northern California landowners can pursue a swath of constitutional claims against Humboldt County officials with the Ninth Circuit ruling they plausibly pled the county was overzealous in its efforts to crack down on allegedly illegal cannabis growers.

Expert Analysis

  • The Ethics of Using Generative AI In Environmental Law

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    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.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    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.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    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.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    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.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    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.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Energy And AI: Key Issues And Future Challenges

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    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

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