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Environmental
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October 22, 2024
Feds Granted More Time For New Gulf Drilling Review
A Maryland federal judge has agreed to delay the date by which she will vacate a National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico after the agency explained that it would not be able to complete a new review by the original Dec. 20 deadline.
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October 22, 2024
Organic Food Group Asks 9th Circ. To Upend GMO Label Rule
An organic food industry advocacy group urged the Ninth Circuit on Tuesday to reverse a district judge decision that largely left a Trump-era organic food labeling rule intact, saying the U.S. Department of Agriculture's implementation of a nationwide labeling law for genetically modified foods has been "arbitrary and capricious."
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October 22, 2024
Appliance Co., Customers Agree To End Stove Pollutant Row
Luxury kitchen appliance maker Sub-Zero Group Inc. and the customers behind a proposed class action have agreed to drop the litigation, bringing to an end claims the company sold them gas stoves that emit "health-harming" pollutants.
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October 22, 2024
Tribe, Feds Reach Deal Over National Preserve Site
The federal government, joined by the Pueblo of Jemez, called on the Tenth Circuit to amend its March 2023 ruling granting the tribe title to a portion of the Valles Caldera National Preserve after the parties reached a settlement agreement concerning how the title will be effectuated.
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October 22, 2024
Feds Partner With Osage, Navajo To Tackle Orphaned Wells
The U.S. Department of Energy said it's inked agreements with the Osage Nation and the Navajo Nation that are aimed at identifying undocumented orphaned wells on tribal lands and addressing their harmful impacts.
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October 22, 2024
3 Energy Attys Join Greenberg Traurig From Brownstein Hyatt
Three energy attorneys from Brownstein Hyatt Farber Schreck LLP have moved to Greenberg Traurig LLP as shareholders in Denver, the firm announced Tuesday, as it builds out the practice in response to clients seeking new development opportunities.
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October 22, 2024
Latham Leads Hyundai's Indian Biz On Record $3.3B IPO
Hyundai Motor India Ltd. dipped in debut trading Tuesday after it raised India's largest ever initial public offering at $3.3 billion, represented by Latham & Watkins LLP and Shardul Amarchand Mangaldas & Co., marking a key milestone in the Korean automaker's overseas expansion.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
WisdomTree Will Pay $4M To End SEC ESG Fund Allegations
WisdomTree Asset Management Inc. on Monday agreed to pay $4 million to settle allegations by the U.S. Securities and Exchange Commission that the adviser made misstatements concerning exchange-traded funds focused on environmental, social and governance causes.
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October 21, 2024
Rule Aims To Give Geothermal Energy Projects A Boost
The U.S. Department of the Interior said it's pitching a new categorical exclusion that's intended to speed up geothermal resource discovery efforts on public lands, with a proposed rule slated to be published Tuesday.
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October 21, 2024
Alaskan Tribes Ink Stewardship Land, Water Pacts With Feds
Three agreements between the federal government and Alaskan tribes and corporations are expected to advance efforts to safeguard salmon relied upon by Indigenous people for thousands of years, further sovereignty and improve easement management to public lands and waters, the U.S. Department of the Interior said.
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October 21, 2024
DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project
Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.
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October 21, 2024
Judge Hints 'Contract' Key To Utility Cleanup Enforcement
An Avangrid Inc. unit's responsibility or lack thereof for cleaning up a contaminated former power plant hinges on whether a partial consent order from the Connecticut Department of Energy and Environmental Protection, or DEEP, is legally a contract, a state court judge signaled Monday.
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October 21, 2024
3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court
3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.
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October 21, 2024
V&E Helps EnCap Amass $5.25B For Latest Energy Fund
Houston, Texas-based EnCap Investments LP, advised by Vinson & Elkins LLP, on Monday announced that it wrapped its 12th energy-focused fund after securing $5.25 billion from investors.
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October 21, 2024
Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'
Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production.
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October 21, 2024
High Court Will Review Clean Air Act Jurisdiction Cases
The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Colo. County, Enviros Back DC Ruling In High Court Rail Fight
Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.
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October 18, 2024
FWS Can't Block Cactus Rule Records Release, Group Says
A Colorado conservation group claims that the U.S. Fish and Wildlife Service has failed to turn over public records related to a proposed rule to remove a cactus species from its list of threatened and endangered species.
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
5th Circ. Partially Upholds $2M Win In Hurricane Coverage Suit
The Fifth Circuit has upheld in part a Louisiana church's more than $2 million judgment win against an insurer that was accused of not paying enough for the church's hurricane damage claims.
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October 18, 2024
Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact
A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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New TSCA Risk Rule Gives EPA Broad Discretion On Science
The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.