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Environmental
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February 10, 2025
NJ Hospital Hit With Class Claims Over Retirement Plan Fees
A New Jersey health system has been accused of mismanaging its employees' retirement funds, according to a proposed class action filed by one of its employees in Garden State federal court.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
Investor Urges US Steel To Dump Deal After Trump Comments
Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.
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February 10, 2025
Trump Admin Violating Order To Unfreeze Funds, Judge Says
A Rhode Island federal judge ruled Monday the Trump administration is not complying with the court's temporary restraining order barring a freeze on funding for federal grants and programs, ordering the administration to immediately restore the frozen funds.
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
Native American Legislative Moves: Land Bill Moves Forward
A bill that would give back a historic site to a Tennessee tribe is moving forward, the U.S. Senate Committee on Indian Affairs has done a leadership role reversal, and a federal lawmaker has his sights set on boosting the Alaskan Native Settlement Trust Eligibility Act. Here, Law360 looks at the most recent major legislative efforts that affect Indian Country.
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February 07, 2025
Maxeon Investors Push To Keep Exchange Act Suit Alive
The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.
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February 07, 2025
FERC Says Trump Orders Support DC Circ. Rehearing Bid
The Federal Energy Regulatory Commission has told the D.C. Circuit that President Donald Trump's revocation of two environmental executive orders dating back decades shows that the appeals court's vacatur of two FERC reauthorizations of liquefied natural gas projects was unjustified.
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February 07, 2025
Trump's Tariff Moves Put Energy Cos. In Scramble Mode
President Donald Trump's aggressive use of tariffs in the early weeks of his administration has roiled the energy industry's long-term planning, and the fast-changing environment has companies scrambling to insulate themselves from potential financial hits.
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February 07, 2025
Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court
Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.
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February 07, 2025
SoCal Edison Says Its Equipment May Have Caused Hurst Fire
Southern California Edison told a state energy regulator that it believes its utility equipment might have ignited last month's Hurst Fire in northern Los Angeles County, but it's still investigating the cause of the area's far more destructive Eaton Fire.
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February 07, 2025
Plaintiffs Lawyers Swarm Los Angeles Post-Fires
A deadly wildfire may be among the first covered by a new state fund that reimburses at-fault utility companies. This could mean billions of dollars for plaintiffs lawyers, and, if past fires are any indication, frustration and confusion for some victims.
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February 07, 2025
Justices Deny Trump DOJ's Bid To Delay Three Energy Cases
The U.S. Supreme Court denied the Trump administration's request to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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February 07, 2025
Trump Admin Freezing EV Charging Station Funds
The Federal Highway Administration told state transportation department directors it is freezing a $5 billion initiative aimed at helping states deploy electric vehicle charging stations — a move the Sierra Club called both "illegal and terrible."
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February 06, 2025
States Say NY Climate Act 'Wrings Funds' From Energy Cos.
A coalition of 22 states sued New York state Thursday over its recently signed Climate Superfund Act, saying it constitutes an attack on U.S. energy producers that will be felt by consumers.
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February 06, 2025
Sterilization Plant's 'Royal' Mistake Leaked Pollution, Jury Told
A former head of Terumo BCT Inc.'s Colorado medical sterilization facility testified Thursday that after a 2008 incident that he called a "royal fuck up" resulted in the release of a toxic chemical inside the plant, Terumo aired out the building and allowed the emissions to go outside.
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February 06, 2025
SEC's Dealer Suit May Criminalize Major Investors, Funds Say
The hedge fund industry has urged the Eighth Circuit on to overturn a U.S. Securities and Exchange Commission victory against a penny stock trader, arguing that the SEC's case threatens to "make a felon of every institutional investor" by declaring them unregistered securities dealers.
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February 06, 2025
Ala. Tribe Fights Bid To Renew Burial Grounds Row
The Poarch Band of Creek Indians is asking a federal district court to deny a bid by the Muscogee (Creek) Nation to renew a complaint in a dispute over an Alabama burial site, arguing the new claims should have been added to the original lawsuit more than a decade ago.
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February 06, 2025
Investors, Italy Tussle Over $23M Awards Enforcement Suit
Renewable energy investors looking to enforce tens of millions of euros worth of arbitral awards against Italy accused the country on Wednesday of trying to prolong the litigation through jurisdictional arguments that the D.C. Circuit has already rejected, while Italy argued that the underlying facts here are different.
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February 06, 2025
EPA Places 168 Environmental Justice Workers On Leave
Scores of U.S. Environmental Protection Agency workers who have been focused on environmental justice issues were placed on leave Thursday, in line with the Trump administration's promise to largely abandon that area of work.
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February 06, 2025
FERC Tells DC Circ. Revised Grid Hookup Policy Is Sound
The Federal Energy Regulatory Commission defended the penalty framework in its revised policy on hooking up new power projects to the grid, telling the D.C. Circuit it reasonably balanced competing interests and imposed a variety of safeguards.
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February 06, 2025
Paint Co. Says Chubb Owes $1M For Plant Explosion
A Columbus, Ohio, paint manufacturer accused Chubb of wrongfully refusing to reimburse it for more than $1 million after the company's resin manufacturing plant exploded and caused a hazardous chemical spill, in a suit removed Thursday by Chubb to Ohio federal court.
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February 06, 2025
House Committee Weighs Wildfire Strain On Calif. Insurers
A U.S. House of Representatives subcommittee met Thursday to discuss the recent California wildfires and how regulatory policy may aid future prevention of natural disasters, as experts emphasized that the fires only further exposed the state's ongoing insurance crisis.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers
With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.