Environmental

  • July 31, 2024

    EPA Looks To Dismiss States' Water Rule Challenge

    The U.S. Environmental Protection Agency is asking a Louisiana federal court to toss a group of conservative-leaning states' and energy industry groups' lawsuit attempting to sink its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns.

  • July 31, 2024

    After Sackett, A Colorado Town Grapples With Its Wetlands

    Residents of a small town in Colorado have been left to spar over the fate of its wetlands in the wake of Sackett v. EPA, highlighting how the court's curtailment of Clean Water Act protections has placed local, state and tribal governments in a regulatory vacuum.

  • July 31, 2024

    EPA Floats Ban On Many Uses Of Carcinogen 1-BP

    The U.S. Environmental Protection Agency on Wednesday proposed banning all consumer uses of the carcinogen 1-bromopropane — except in insulation — as well as some industrial and commercial uses.

  • July 31, 2024

    Historical Association Backs Tribes In SunZia Power Line Row

    The National Association of Tribal Historic Preservation Officers is asking the Ninth Circuit to intervene in a challenge by a coalition of Native American tribes and environmentalists seeking to block SunZia Transmission from routing a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • July 31, 2024

    Metal Recycler Loses Contract Fight With Shredder Co.

    The Fourth Circuit on Wednesday ruled against a North Carolina metal recycler in its bid to hold a heavy-equipment maker liable for backing out of a deal to sell a shredder, with the court reasoning that the recycler never signed paperwork to solidify the deal.

  • July 31, 2024

    Separate Easement Contribution Docs Critical, IRS Atty Says

    Conservation easement donors must always keep separate documents from their donees that acknowledge the gifted property to qualify for a charitable tax deduction in the event the IRS requests such information during an audit, according to an agency counsel Wednesday.

  • July 31, 2024

    Corteva Unit Ordered To Search 110K Boxes For PFAS Docs

    A former North Carolina Superior Court judge in charge of ironing out a dispute between the state and a Corteva Inc. subsidiary over allegedly missing documents ordered the company to search through 110,000 boxes for information related to "forever-chemicals," finding it failed to give assurance the boxes were thoroughly searched.

  • July 31, 2024

    Willkie-Led Silver Hill Secures $1.13B For 4th Fund

    Energy-focused private equity shop Silver Hill Energy Partners, advised by Willkie Farr & Gallagher LLP, on Wednesday announced that it clinched its fourth fund after racking up $1.13 billion of total investor commitments.

  • July 31, 2024

    5th Circ. Slams Injunction Against Texas In Buoy Fight

    The majority of the full Fifth Circuit ruled that a Texas federal court abused its discretion by ordering Texas to move a 1,000-foot buoy barrier meant to deter migrants in the Rio Grande to its own riverbank.

  • July 30, 2024

    Texas Border Buoy Trial Must Go On, Judge Says

    A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay. 

  • July 30, 2024

    2024 Product Liability Areas To Watch

    The growing movement in state laws about whether consumers can repair their own products is catching attorneys' eyes, as well as recent changes in rules that govern multidistrict litigation, which often involve pharmaceuticals and medical devices.

  • July 30, 2024

    Colo. Justices Step Into Boulder Climate Change Case

    The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.

  • July 30, 2024

    DC Circ. Must Block EPA Mercury Rule, Challengers Say

    Challengers of the U.S. Environmental Protection Agency's new rule tightening mercury and other toxic metal emission standards for some coal-fired power plants are hitting back against arguments by the agency and its supporters that their requested stay of the rule isn't warranted.

  • July 30, 2024

    Monsanto PCB Plaintiffs Say Expert Can Survive Appeals Loss

    A group of families suing Monsanto alleging chemical poisoning urged a Washington state judge on Monday to reject the company's bid to derail their case nearing trial, arguing testimony from an exposure expert cannot be ruled out just because an appellate court struck some of his opinions in a different case.

  • July 30, 2024

    High Court Ruling Dooms EPA Smog Plan, DC Circ. Told

    The U.S. Supreme Court's recent decision to halt the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions across several states is reason enough for the D.C. Circuit to invalidate the rule, several states, industry groups and energy companies argued.

  • July 30, 2024

    10th Circ. Shields Feds From Fire Mismanagement Suit

    The U.S. Forest Service doesn't have to face allegations it mismanaged the response to two Utah wildfires in 2018, the Tenth Circuit said Tuesday.

  • July 30, 2024

    Exxon Loses Bid For Avangrid Docs In Mass. Climate Suit

    ExxonMobil will not gain access to potentially millions of documents from wind energy company Avangrid as part of the Massachusetts attorney general's long-running climate change suit, after a state court judge found it "inconceivable" that the sought-after material could be relevant to the case.

  • July 30, 2024

    DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion

    The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.

  • July 30, 2024

    No Damage Needed To Replace NJ Beach House, Panel Says

    New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.

  • July 30, 2024

    GAO Denies Protest Over Invasive Species Control Contract

    The U.S. Government Accountability Office has rejected a Washington state-based veteran-owned business's challenge of a herbicide order awarded to a rival vendor and its claim that the U.S. Department of the Interior should have sought a quote from it first.

  • July 30, 2024

    DC Circ. Wants Chevron Ruling Addressed In GHG Case

    The D.C. Circuit asked challengers of the U.S. Environmental Protection Agency's tighter greenhouse gas emissions standards for vehicles to discuss how the litigation is affected by recent court decisions, including the U.S. Supreme Court's blockbuster ruling that undid what is known as Chevron deference.

  • July 30, 2024

    Camp Lejeune Judge Limits Settlement Details In Hearings

    A North Carolina judge has ruled that updates on settlement offers from suits stemming from decades-long water contamination at Marine Corps Base Camp Lejeune cannot be shown at hearings.

  • July 30, 2024

    Bradley Arant Adds Energy Atty In Atlanta From Boutique

    Bradley Arant Boult Cummings LLP has expanded its Atlanta shop with a former boutique law firm attorney who focuses on the electric power industry, strengthening its work guiding clients on renewable energy projects.

  • July 29, 2024

    Chemical Groups Say Chevron Sinks EPA Ethylene Oxide Rule

    A chemical company and two chemical associations are telling the D.C. Circuit that a recent U.S. Supreme Court decision undermines the federal government's risk value for ethylene oxide, which they are challenging as being too high.

  • July 29, 2024

    NIST Lays Out 200+ Ways To Tackle Generative AI Risks

    The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.

Expert Analysis

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • EU Directive Significantly Strengthens Enviro Protection

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    The recently revised European Union directive on environmental protection significantly strengthens its prior legislation and broadens the scope of environmental crime through the introduction of offenses for conduct resulting in severe damage, say Katharina Humphrey and Julian Reichert at Gibson Dunn.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • Legal Battles Show Brands' Dilemma In Luxury Resale Trend

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    Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

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