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Environmental
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October 04, 2024
High Court Will Review 5th Circ. Bar On Nuclear Waste Site
The U.S. Supreme Court on Friday said it will review the Fifth Circuit's decision to bar the U.S. Nuclear Regulatory Commission from issuing a license to a temporary nuclear waste storage facility in Texas.
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October 03, 2024
Ill. Top Court Asked To Restore $7B Power Line Permit
Illinois utility regulators on Thursday urged the state's top court to reverse a lower court's decision striking a key permitting decision for part of the $7 billion Grain Belt Express high-voltage transmission line, saying the faulty ruling threatens the legislature's clean energy goals.
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October 03, 2024
Fifth Third Bank Solar Panel Loan MDL Centralized In Minn.
A collection of proposed class actions accusing Fifth Third Bank NA of hiding loan costs from customers will be consolidated in Minnesota, the Judicial Panel on Multidistrict Litigation ruled Thursday, noting that the judge assigned hasn't presided over an MDL yet.
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October 03, 2024
Drivers Rip GM's Bid For Full 6th Circ. Redo In Emissions Row
A group of drivers on Thursday balked at General Motors' bid to get the full Sixth Circuit to review a divided panel's recent decision partly reviving consolidated litigation alleging the automaker deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were.
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October 03, 2024
NC Woman Sues Duke Energy Over Coal Ash Management
A Catawba County woman has hit Duke Energy with a lawsuit in a North Carolina state court asserting that contamination stemming from its management of coal ash waste caused her to develop kidney cancer.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
Energy Dept. Hands Out $1B Loan For EV Charging Expansion
The U.S. Department of Energy announced on Thursday that it has made a conditional commitment for a loan guarantee of up to $1.05 billion aimed at expanding public electric vehicle charging infrastructure across the country.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Colo. Panel Finds No Proof Of Bias In Reservoir Project Vote
A Colorado Court of Appeals panel Thursday upheld the dismissal of environmental groups' lawsuit challenging a permit approval for a Northern Colorado pipeline and reservoir project, rejecting claims that two county officials were too biased and should have recused themselves from the vote.
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October 03, 2024
Georgia Resident Adds To Lawsuits Targeting Bio-Lab Fire
A resident of Conyers, Georgia, is adding to the litigation against Bio-Lab Inc. and its corporate parent, KIK Custom Products Inc., with a proposed class action filed after a fire at the company's facility in the city on Sunday led to evacuation and shelter-in-place orders.
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October 03, 2024
Flint Water Judge Wishes Public Knew Case Complexity
A Michigan federal judge on Thursday gave the final approval to a $25 million settlement to end claims from a class of Flint adults and businesses accusing a firm of failing to properly alert officials about the dangers of the city's water, noting that the case took years to resolve because it involved complicated legal issues.
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October 03, 2024
EPA Can Protect Records In Pebble Mine Fight, Judge Says
The U.S. Environmental Protection Agency has secured a blanket protection order on all administrative records that may be subject to copyright protection in litigation brought by Alaska seeking to challenge the agency's veto of the controversial Pebble Mine.
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October 03, 2024
NJ Contractors Accused Of $10M Fraud In Lead Removal Work
A New Jersey construction company billed the city of Newark $10.2 million for replacing 1,500 lead water service lines but never did the work, instead concocting false evidence to show new copper pipes had been installed, federal authorities said Thursday in announcing the arrests of the chief executive and a foreperson.
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October 03, 2024
Hecla Avoids Investor Suit Over $462M Gold Mine Buy
A gold mining operation secured the permanent dismissal of an investor suit alleging that $462 million in new mines the company bought in Nevada that were supposed to be lucrative turned out to be duds, with a New York federal judge finding the investors failed to plead any actionable false or misleading statements.
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October 03, 2024
Mine Can't Toss CSX's Suit Over Derailment After Hurricane
A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.
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October 03, 2024
Sens. Question If Payouts Taint Execs' Push For US Steel Deal
Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.
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October 03, 2024
Ex-US House Energy Committee Atty Joins Foley In DC
Foley & Lardner LLP has announced that a former senior counsel to the U.S. House Committee on Energy and Commerce joined the firm's Washington, D.C., office as counsel in its public policy and government relations practice group.
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October 03, 2024
Southwestern's GC To Lead Combined Gas Co.'s Legal Team
Expand Energy, which formed this week from the merger of U.S. natural gas producers Chesapeake Energy and Southwestern Energy, has picked the general counsel of one of the former entities to lead its legal department, according to a recent securities filing.
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October 03, 2024
California Tribe Says Report Shows Flaws In Water Project
The Hoopa Valley Tribe urged a California federal judge to recognize as fact a recent report issued by the U.S. Department of the Interior's Office of Inspector General, which the tribe argued backs its challenge of the Bureau of Reclamation's management of California's Trinity River.
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October 03, 2024
King & Spalding RE Pro Rejoins Barnes & Thornburg In Dallas
Barnes & Thornburg LLP announced that a former partner has rejoined the firm's real estate department from King & Spalding LLP, adding that the returning attorney's practice centers on commercial real estate and real estate finance.
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October 03, 2024
Energy Dept. Awards $1.5B For 4 Power Line Projects
The U.S. Department of Energy on Thursday handed out $1.5 billion in Congressional funding for a quartet of long-distance transmission projects, as well as a study that calls for a massive expansion of the U.S. electric grid over the next 25 years.
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October 02, 2024
Former C-Quest Capital CEO Indicted For Carbon Credit Fraud
Federal prosecutors in New York on Wednesday announced criminal charges against Kenneth Newcombe, the former chief executive officer of carbon project developer C-Quest Capital, accusing him of scheming to submit altered data relating to cookstove projects abroad to obtain millions of dollars worth of carbon credits.
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October 02, 2024
9th Circ. Won't Force New Factory Farm Water Regs On EPA
The Ninth Circuit on Wednesday tossed green groups' lawsuit seeking to revive their petition for the U.S. Environmental Protection Agency to create new, stronger Clean Water Act regulations for large animal feeding facilities.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
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October 02, 2024
U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant
U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.
Expert Analysis
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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.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Contract Disputes Recap: Saying What Needs To Be Said
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.