Try our Advanced Search for more refined results
Environmental
-
August 26, 2024
Canada Planning 100% Surtax On Chinese EVs, 25% On Steel
Canada plans to implement a 100% surtax on imported Chinese electric vehicles and a 25% surtax on Chinese steel and aluminum as part of a package intended to protect Canadian industry from unfair competition, the country's Department of Finance said Monday.
-
August 26, 2024
Energy Cases To Watch In The 2nd Half Of 2024
Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.
-
August 26, 2024
Gov't Contracting Policies To Watch In The 2nd Half Of 2024
An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year. Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors.
-
August 23, 2024
Former Snyder Aide Says No Immunity For Flint Prosecutors
A top aide to former Michigan Gov. Rick Snyder who had faced criminal charges for the Flint water crisis is fighting Michigan prosecutors' attempts to dodge a lawsuit claiming that they violated his due process rights.
-
August 23, 2024
The Biggest Product Liability Cases Of 2024: A Midyear Report
A U.S. Supreme Court ruling that formally ended judges' decades-long deference to federal agencies' understanding of the law, as well as multibillion-dollar settlements over so-called forever chemicals, made Law360's list of top product liability developments so far this year.
-
August 23, 2024
The Biggest Energy Decisions In The First Half Of 2024
From a D.C. Circuit decision upholding California's ability to set its own greenhouse gas standards for vehicles to the U.S. Supreme Court's freeze of the U.S. Environmental Protection Agency's plan to reduce cross-state pollution, consequential decisions in the energy space ripped through the courts in the first half of 2024.
-
August 23, 2024
La. Judge Smashes EPA Civil Rights Regulations In State
A Louisiana federal judge has granted the state's request for a permanent injunction blocking the U.S. Environmental Protection Agency from enforcing civil rights regulations in the state that involve disparate impact components.
-
August 23, 2024
EPA Issues Guidance On Civil Rights Safeguards
The U.S. Environmental Protection Agency has issued guidance to help its financial assistance recipients comply with civil rights laws and nondiscrimination regulations.
-
August 23, 2024
Public Needs Full Record In Pebble Mine Row, Alaska Argues
Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.
-
August 23, 2024
Canada Mining Biz Seeks US Listing Via $589M SPAC Merger
Canadian rare-earth miner Tactical Resources Corp. plans to go public in the U.S. by merging with special purpose acquisition company Plum Acquisition III Corp. at an estimated value of $589 million, both parties announced on Friday, through a deal guided by four law firms.
-
August 23, 2024
The Biggest Enviro Policy Moves Of 2024: Midyear Report
As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.
-
August 23, 2024
Taxation With Representation: Latham, Wachtell, Paul Weiss
In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.
-
August 22, 2024
Construction Co. Says It's Owed Coverage For Sinkhole Claim
A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.
-
August 22, 2024
Texas Asks Justices To Uphold Bar On Nuclear Waste Site
The state of Texas called on the U.S. Supreme Court to reject the U.S. Nuclear Regulatory Commission's attempt to upend a Fifth Circuit decision barring the agency from licensing a temporary nuclear waste storage facility in the state.
-
August 22, 2024
2 AGs Push Justices To Stay EPA Power Plant Emission Rule
Ohio and Kansas are urging the U.S. Supreme Court to pause a challenged U.S. Environmental Protection Agency rule that aims to reduce greenhouse gas emissions from power plants, arguing the unlawful rule forces plants to risk billions of dollars on unproven control technologies or shut down.
-
August 22, 2024
Farmers Seek Rehearing For Mich. Justices' Permit Ruling
Farm groups are asking the Michigan Supreme Court to reconsider a split opinion upholding general permit conditions state regulators enacted for concentrated animal feeding operations, arguing the majority's opinion is built upon "crucial factual and legal errors."
-
August 22, 2024
Local Property Tax Exemptions A Must For Solar, Va. AG Says
Localities are required under state statute to provide an exemption for the taxation of property used for solar photovoltaic systems, or systems that use solar panels to create energy, the Virginia attorney general said in an opinion.
-
August 22, 2024
Kenya's Justices May Ax Part Of Tax Act That Set Off Unrest
The Supreme Court of Kenya agreed to stay a lower court's ruling declaring unconstitutional the government's entire 2023 tax package, which sparked deadly nationwide protests, but it looks likely to scrap at least part of the law next month, attorneys told Law360 on Thursday.
-
August 22, 2024
California Fires Back At Red State Attacks On Climate Torts
California and a contingent of blue states told the U.S. Supreme Court that their climate change torts against fossil fuel companies are on solid legal ground and that an effort by Alabama and other red states to undercut them must be rejected.
-
August 22, 2024
Apache Carry Petition To High Court With A Prayer Journey
Members of an Apache nonprofit fighting to save an Indigenous worship site from destruction are making stops to visit other tribes throughout the country for prayers and support as they deliver a petition to the Supreme Court that seeks to undo a Ninth Circuit ruling and block a mining project.
-
August 22, 2024
Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground
Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.
-
August 21, 2024
Signal Peak Can't Hasten DOI's Coal Mine Review, Judge Says
A D.C. federal judge ruled Wednesday that it would be premature to order federal regulators to speed up their environmental review of Signal Peak Energy LLC's planned expansion of a Montana coal mine, saying the federal government still has time to make good on its deadlines.
-
August 21, 2024
Split 6th Circ. Partly Revives GM Drivers' Truck Emissions Suits
A divided Sixth Circuit panel on Wednesday revived drivers' state-law claims in consolidated litigation alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, rejecting a district court's finding that the claims conflicted with federal law.
-
August 21, 2024
500,000 Camp Lejeune Cases Filed With The Navy
The federal government and Camp Lejeune litigants have told the North Carolina federal court overseeing claims over contaminated drinking water at the Marine base that there have been nearly 550,000 administrative claims filed with the U.S. Navy.
-
August 21, 2024
NY Metal Shredder Will Pay $555K Over Feds' Air Claims
A Long Island, New York, metal shredder will pay $555,000 to settle the federal government's claims that it failed to install required pollution controls at its facility, which caused the release of excessive volatile organic chemicals.
Expert Analysis
-
Tips For Implementing EU Sustainability Reporting Guidance
Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
-
Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
-
California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
-
Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
-
Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
-
How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
-
FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
-
Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
-
Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
-
Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
-
Electrifying Transportation With Public-Private Partnerships
Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.
-
Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
-
In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
-
How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
-
Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.