Environmental

  • December 04, 2024

    Some Religious Gathering Limits Are OK, Texas Justices Told

    The city of San Antonio hit back Wednesday at Native American church members' reliance on a Texas constitutional amendment banning limitations on religious services, telling the Texas Supreme Court that the amendment must be viewed in the context of COVID-19 restrictions.

  • December 04, 2024

    Trump Picks Ex-Congressman For IRS Commissioner

    President-elect Donald Trump said Wednesday he has tapped a former member of the U.S. House of Representatives to lead the Internal Revenue Service during his coming second term.

  • December 04, 2024

    No Coverage For P&G Environmental Claims, Insurers Say

    A group of Hartford units told an Ohio federal court Wednesday they owe no coverage to Procter & Gamble Co. for three underlying lawsuits accusing the company of contaminating groundwater in New York, and for a separate warehouse fire in Michigan that caused the U.S. Environmental Protection Agency to intervene.

  • December 04, 2024

    Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties

    U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.

  • December 04, 2024

    P&C Insurers Post $4.1B Underwriting Gain In Big Reversal

    The U.S. property and casualty insurance market recorded a $4.1 billion net underwriting gain in the first nine months of 2024, according to a report issued Wednesday by global credit rating agency AM Best, which called the turnaround a significant improvement from the prior year's $32.1 billion loss.

  • December 04, 2024

    Ex-Worker Says Contractor Fired Him Over Religious Needs

    An electric vehicle charging station contractor was sued in Georgia federal court by a former employee who alleged he was fired for utilizing a religious accommodation that allowed him to leave work early on Fridays to observe the Jewish Sabbath.

  • December 04, 2024

    Hoopa Valley Tribe Wants In On Trinity River Water Row

    The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.

  • December 04, 2024

    Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal

    A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.

  • December 04, 2024

    EPA Finalizes Changes To Chemical Review Process

    The U.S. Environmental Protection Agency on Wednesday finalized a rule to improve the efficiency of its new chemical review process that also makes per- and polyfluoroalkyl substances, also known as "forever chemicals," ineligible for exemptions that allow for shorter, less robust chemical reviews.

  • December 04, 2024

    Del. Justices Skeptical $2.4B SPAC Deal Misled Investors

    Delaware Supreme Court justices pressed a stockholder attorney on Wednesday to explain how the blank-check company that took electric vehicle venture Canoo Holdings Ltd. public in a $2.4 billion deal breached its duties by failing to reveal information it purportedly had yet to receive.

  • December 04, 2024

    Treasury Finalizes Broad Energy Investment Tax Credit Regs

    The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.

  • December 04, 2024

    Ethylene Oxide Suits Sent Back To Ill. State Court

    An Illinois federal judge said Tuesday that lawsuits accusing several companies of polluting the air with ethylene oxide were improperly removed to federal court, despite a state judge's statement that two defendants reaching settlements was cause for removal.

  • December 04, 2024

    DuPont Asks Court For Pause In $1 Billion Pollution Suit

    Chemours and E.I. du Pont de Nemours urged a New Jersey state court to pause a small town's billion-dollar lawsuit over pollution from the former DuPont Chambers Works facility in order to appeal a recent ruling, arguing clarity from the Appellate Division is necessary.

  • December 03, 2024

    Investor Attys Seek $6.6M Cut Of $20M Metal Price-Fixing Deal

    Attorneys for investors settling platinum and palladium price-fixing claims against Goldman Sachs and others for $20 million have asked a New York federal judge to award them fees equivalent to a third of the settlement amount, or more than $6.6 million, a below-lodestar request that they said is, "clearly, not a windfall situation."

  • December 03, 2024

    Feds, Nuke Storage Co. Ask Justices To Nix Bar On Waste Site

    The U.S. Nuclear Regulatory Commission and Interim Storage Partners LLC are urging the U.S. Supreme Court to reverse a Fifth Circuit ruling barring a license for the company to temporarily store spent nuclear fuel at a site in Texas's Permian Basin.

  • December 03, 2024

    Ex-Braves Blast Tax Court's 'Disregard' In Easement Fight

    Two former Atlanta Braves players penalized for allegedly overstating the value of a conservation easement donation urged the Eleventh Circuit to toss the costly ruling against them, saying the U.S. Tax Court's decision showed "blatant disregard" for the appeal court's precedent in deciding the matter.

  • December 03, 2024

    ND Calls Tribes' Bid For Riverbed Mineral Rights 'Irrational'

    North Dakota has hit back against the Mandan, Hidatsa and Arikara Nation's attempt to win a federal court declaration that it owns mineral rights beneath a portion of the Missouri River, arguing that the three tribes' claim of riverbed ownership is "irrational."

  • December 03, 2024

    ​​​​​​​Trump-Era Rule On Genetically Engineered Crops Tossed

    A California federal judge on Monday vacated a 2020 Trump-era rule that a group of agricultural and environmental organizations alleged significantly reduced government oversight over genetically engineered crops, grasses and trees, granting the groups a partial summary judgment win due to the U.S. Department of Agriculture's inadequate explanations for the rule.

  • December 03, 2024

    5th Circ. Judge Doubts Deepwater Horizon Claims Can Survive

    A Fifth Circuit judge on Tuesday questioned whether cleanup workers' claims following the 2010 Deepwater Horizon oil spill can survive in the face of a demanding evidence standard adopted from toxic tort cases.

  • December 03, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.

  • December 03, 2024

    MTA, NY Officials Rip Bid To Block Revised Congestion Pricing

    New York officials have told a federal judge that residents, truckers and community groups cannot sideline Manhattan's recently resurrected congestion pricing, saying there's zero merit to the plaintiffs' claims that they'd be irreparably harmed by allegedly unconstitutional and discriminatory tolls.

  • December 03, 2024

    Judge Says ND Can Intervene In Dakota Access Pipeline Row

    The state of North Dakota can back the federal government in a challenge by the Standing Rock Sioux Tribe over the Dakota Access Pipeline, a federal district court judge said, after the state argued that a shutdown would substantially impact its economy and undermine its sovereign interests.

  • December 03, 2024

    Willkie Adds Litigation Heavyweight, Energy Expert In DC

    Willkie Farr & Gallagher LLP announced Tuesday that it has brought on two Washington, D.C., partners — a new chair for its regulatory litigation practice group who joined from King & Spalding LLP and an energy-focused finance attorney who joined from Greenberg Traurig LLP.

  • December 03, 2024

    Trump Pledges To Block $14.9B US Steel-Nippon Deal

    President-elect Donald Trump has reiterated his opposition to the proposed $14.9 billion acquisition of Pennsylvania-based U.S. Steel by Japan's Nippon Steel, pledging on Truth Social to block the deal and virtually extinguishing any remaining glimmers of hope that it can get done.

  • December 02, 2024

    DC Circ. Asked To Spike 'Dangerous' NEPA Regulatons Ruling

    Environmental groups are asking the D.C. Circuit to overturn a panel's "demonstrably dangerous" ruling that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act.

Expert Analysis

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • New Law May Move Calif. Toward Fashion Sustainability

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    California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Opinion

    Supreme Court Must Halt For-Profit Climate Tort Proliferation

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    If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

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