Environmental

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • 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.

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