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Environmental
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
Calif.'s 2018 Fire Reimbursement Suit Meets Skeptical Judge
A Los Angeles judge appeared dubious Monday that the state of California can use litigation against Southern California Edison to recover emergency funds distributed to local agencies that responded to the destructive Woolsey Fire in 2018.
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October 28, 2024
New Jury Ordered In 'Cop City' Trial Over Court Closure
A defendant in the sprawling, 61-person racketeering indictment of protesters against Atlanta's controversial "Cop City" police training center will get another shot at jury selection after the Georgia Court of Appeals said Monday that a Fulton County trial judge unjustifiably closed her courtroom to the public and the press.
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October 28, 2024
Asheville Federal Courthouse Reopens After Hurricane Helene
The North Carolina federal courthouse in Asheville reopened Monday for the first time after flooding and outages from Hurricane Helene forced its indefinite closure last month.
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October 28, 2024
Brouillette Stepping Down As Utility Trade Group's Head
Dan Brouillette, a former energy secretary during the Trump administration, on Monday said he will be leaving his role as president and CEO of the Edison Electric Institute later this year to focus on global energy challenges.
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October 28, 2024
MVP: Sidley's Justin Savage
Sidley Austin LLP partner Justin Savage has been a steady hand for the firm's clients over the past year, helping BP PLC and Cummins Inc. resolve federal investigations, leading a charge to force Alexandria, Virginia, to stop decades of coal tar discharges into the Potomac River, and successfully advocating for refineries' and petrochemical plants' interests in federal rulemaking — earning him a spot among the 2024 Law360 Environmental MVPs.
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October 25, 2024
NEPA Rail Ruling Backers Flood Justices With Amicus Briefs
Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.
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October 25, 2024
Green Group Blames NJ For Decline In Sturgeon Population
The state of New Jersey isn't doing enough to prevent the accidental catching of endangered fish, activists said in a lawsuit accusing the state's Department of Environmental Protection of violating the Endangered Species Act.
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October 25, 2024
Trina Solar Seeks Import Ban On Solar Cells That Infringe IP
Trina Solar Co. Ltd. has advanced its campaign to ban competitors' solar products from the U.S., calling on the U.S. International Trade Commission to prohibit the import of Canadian Solar Inc. products that purportedly infringe its intellectual property.
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October 25, 2024
State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit
Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.
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October 25, 2024
Judge Won't Revisit Ruling On Contractor Registration Clause
A Court of Federal Claims judge has refused to reconsider her ruling that a previously disqualified bidder was eligible for a $45 billion nuclear cleanup deal after fixing a lapsed federal registration, despite a contrary decision by another judge on the court.
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October 25, 2024
Feds Fight New Claim In Suit Over Dredged-Waste Disposal
The U.S. Army Corps of Engineers has urged an Illinois federal judge to throw out the latest claim from an environmental coalition and a community group in litigation challenging the agency's continued use of a disposal facility for dredged material on Lake Michigan's shoreline, saying the claim was tacked on too late.
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October 25, 2024
Biden Admin Puts Up $4B For Clean Energy, Grid Projects
The Biden administration on Friday said it's handing out approximately $4 billion in combined grants and loans for clean energy purchases and grid upgrades for a slew of states, tribes and electricity co-operatives.
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October 25, 2024
DC Circ. Won't Block EPA Emissions Rule For Steel Plants
A split D.C. Circuit panel has denied bids by U.S. Steel Corp. and Cardinal-Cliffs Inc. to hit pause on a U.S. Environmental Protection Agency rule setting emission standards for integrated iron and steel manufacturing facilities.
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October 25, 2024
BLM Gives Green Light To Nevada Lithium Mine
The Biden administration has announced that it's approving the proposed Rhyolite Ridge lithium mine in southeast Nevada, a decision a conservation group said threatens to push an imperiled wildflower species into extinction.
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October 25, 2024
Maritime Unions Tell EPA To Reject Calif. Workboat Rule
Three maritime labor unions and a tugboat trade association called on U.S. Environmental Protection Agency Administrator Michael Regan to deny California's request for a Clean Air Act waiver to enforce its rule mandating the installation of diesel particulate filter technology on workboats.
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October 24, 2024
EPA Agrees To Review Nitrogen Oxides Standard By 2028
The U.S. Environmental Protection Agency said Thursday that it would revisit its national ambient air quality standards for nitrogen oxides by 2028 under a proposed consent decree reached with conservation groups.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Enviro Attys Must Teach Judges Science, Wash. Justice Says
Attorneys shouldn't assume that judges are up to speed on scientific evidence that they're reviewing and instead should work on building judges' knowledge and helping them "feel smart," a Washington Supreme Court justice told environmental lawyers on Thursday.
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October 24, 2024
Colo. Justices Hesitant To Extend Personhood To Elephants
Colorado Supreme Court justices appeared unlikely Thursday to grant habeas corpus rights to elephants in a zoo, repeatedly asking an animal rights group seeking to send the elephants to a sanctuary where the court should draw the line on personhood.
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October 24, 2024
Dems From Storm-Impacted States Call For Probes Of Misinfo
Democratic lawmakers from states recently impacted by Hurricanes Helene and Milton asked the leadership of three House committees on Wednesday to investigate and hold hearings on the "troubling surge" in the spread of misinformation, scams and conspiracy theories about the storms on social media.
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October 24, 2024
EPA, Air Force Commit To PFAS Plan For Tucson Airport
The U.S. Environmental Protection Agency and the Air Force said they're committing to a framework to address "forever chemical" contamination at the Tucson International Airport Area Superfund Site in southeastern Arizona.
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October 24, 2024
EPA Can't Rush Truck Electrification, DC Circ. Hears
The U.S. Chamber of Commerce and a trucking industry group have thrown their support behind challengers' attempts to upend the U.S. Environmental Protection Agency's greenhouse gas emission standards for heavy-duty vehicles, telling the D.C. Circuit that the agency is trying to accomplish too much too soon.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 24, 2024
EPA Finalizes New Standards For Lead Paint Dust
The U.S. Environmental Protection Agency on Thursday said it's finalizing standards to better protect people from lead paint dust exposure, reducing the level considered hazardous and the levels that can remain after abatement work.
Expert Analysis
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What NFL Draft Picks Have In Common With Lateral Law Hires
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.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
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.
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Replacing The Stigma Of Menopause With Law Firm Support
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.
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Planning Law Firm Content Calendars: What, When, Where
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.
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What To Expect From Evolving Wash. Development Plans
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.
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Series
Playing Golf Makes Me A Better Lawyer
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.
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Brownfield Questions Surround IRS Tax Credit Bonus
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.
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Law Firms Should Move From Reactive To Proactive Marketing
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.
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Energy And AI: Key Issues And Future Challenges
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.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
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.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
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.
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Opinion
It's Time For A BigLaw Associates' Union
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.
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How Justices Upended The Administrative Procedure Act
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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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.