Environmental

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • October 02, 2024

    Enviro Groups Seek To Defend EPA's Veto Of Pebble Mine

    A slew of environmental groups have called on an Alaska federal judge to let them defend the U.S. Environmental Protection Agency's decision to block a plan to build the controversial Pebble Mine, saying they want to protect the Bristol Bay headwaters from the mine's "devastating and unavoidable adverse impacts."

  • October 02, 2024

    Enviro Groups Step Up Effort To Block JBS' US Listing

    Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.

  • October 02, 2024

    EPA Settles Suit Over Washington Aquatic Cyanide Rules

    The U.S. Environmental Protection Agency agreed to evaluate Washington state's water quality standards for cyanide pollution, resolving a lawsuit that accused the agency of maintaining lax standards that threaten wildlife.

  • October 02, 2024

    Reed Smith Enviro Ace Remembered As Kind Mentor

    Todd Maiden, a longtime environmental attorney in Reed Smith LLP's San Francisco office who died last month, was deeply passionate about preserving the environment and enjoyed mentoring young associates. He leaves behind a legacy as the "kindest and gentlest of souls," his former colleagues said.

  • October 02, 2024

    Justices Asked To Short-Circuit Mass. Offshore Wind Project

    Massachusetts residents are telling the U.S. Supreme Court it's the last hope for endangered North Atlantic right whales that were overlooked when the federal government approved a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.

  • October 02, 2024

    DC Circ. Urged To Scrap EPA Mercury Rule For Coal Plants

    States and industry groups fighting a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants told the D.C. Circuit it would impose exorbitant and unjustifiable costs for no public health benefit, and is actually aimed at forcing plants to retire to advance climate goals.

  • October 01, 2024

    From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law

    California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.

  • October 01, 2024

    Oxygenation Doesn't Show Water Quality, Texas Justices Hear

    Texas Supreme Court justices prodded the Save Our Springs Alliance's argument that a permit to release treated wastewater would degrade water quality, questioning whether the advocacy organization's argument that a drop in levels of dissolved oxygen shows water degradation during oral arguments Tuesday.

  • October 01, 2024

    Judge Stays Calif. Locomotive Emissions Rule Challenge

    A California federal judge halted litigation brought by rail industry groups challenging a regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, finding the U.S. Environmental Protection Agency's upcoming authorization decision will greatly impact the case.

  • October 01, 2024

    Water Firm Can't End Flint Children's Negligence Claims

    The federal judge presiding over Flint, Michigan, water crisis litigation again ruled on Tuesday that an engineering firm won't be able to avoid professional negligence claims related to its consulting work with the city, issuing the 70-page opinion days before jury selection for a bellwether trial begins.

  • October 01, 2024

    Georgia-Pacific Tells 6th Circ. Rivals Liable In CERCLA Row

    Georgia-Pacific Consumer Products LP on Tuesday asked the Sixth Circuit to affirm a Michigan federal judge's ruling that International Paper Co. and Weyerhaeuser Co. can be sued for future cleanup costs of a Michigan Superfund site.

  • October 01, 2024

    EPA Can't Justify Water Permitting Rule, La. Judge Told

    Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.

  • October 01, 2024

    Feds Didn't Consider Gold Mine's Full Impact, Judge Says

    The federal government didn't realistically study the potential spill risks associated with a large open-pit gold mine when it approved the project, an Alaskan federal judge has said, arguing the Army Corps of Engineers erred in concluding that a catastrophic event is a "worst case" scenario in its environmental analysis.

  • October 01, 2024

    First Marshall Fire Trial To Decide Liability For All Plaintiffs

    A Colorado state judge ruled Monday that the first trial in consolidated lawsuits against Xcel Energy and telecom companies for damages related to a 2021 wildfire will decide liability for all plaintiffs unless they show a good reason to opt-out.

  • October 01, 2024

    Tennessee Judge Affirms TVA-Approved Gas Turbine Project

    A Tennessee federal judge rejected the Sierra Club's challenge of an environmental assessment that the Tennessee Valley Authority completed to install new gas combustion turbines at one of its existing facilities in the Volunteer State.

  • October 01, 2024

    Enviro Group Sues Over PFAS In Carefree Menstrual Liners

    Makers of the Carefree brand of menstrual liners, Edgewell Personal Care Co., on Monday were sued by an environmental group in California state court over allegations that the personal care products contain a type of so-called forever chemicals.

  • October 01, 2024

    Monsanto Can't Avoid Vt. Schools' Nuisance Claims Over PCBs

    A Vermont federal judge has refused to dismiss nuisance and trespass claims by public school districts asserting their buildings were contaminated with a toxic chemical made by Monsanto Co., finding they plausibly alleged Monsanto knew the products would make their way onto the properties yet chose not to warn the districts.

Expert Analysis

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Reform NEPA To Speed Mining Permits, Clean Energy Shift

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    It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend

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    The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.

  • A Case Study For Calif. Cities In Water Utility Takeovers

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    With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Tracking Implementation Of IRA Programs As Election Nears

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    As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • 4 Steps To Repair Defense Credibility In Opening Statements

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    Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

  • How Justices' Chevron Ruling May Influence Wind Projects

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    Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

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