Environmental

  • August 23, 2024

    La. Judge Smashes EPA Civil Rights Regulations In State

    A Louisiana federal judge has granted the state's request for a permanent injunction blocking the U.S. Environmental Protection Agency from enforcing civil rights regulations in the state that involve disparate impact components.

  • August 23, 2024

    EPA Issues Guidance On Civil Rights Safeguards

    The U.S. Environmental Protection Agency has issued guidance to help its financial assistance recipients comply with civil rights laws and nondiscrimination regulations.

  • August 23, 2024

    Public Needs Full Record In Pebble Mine Row, Alaska Argues

    Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.

  • August 23, 2024

    Canada Mining Biz Seeks US Listing Via $589M SPAC Merger

    Canadian rare-earth miner Tactical Resources Corp. plans to go public in the U.S. by merging with special purpose acquisition company Plum Acquisition III Corp. at an estimated value of $589 million, both parties announced on Friday, through a deal guided by four law firms.

  • August 23, 2024

    The Biggest Enviro Policy Moves Of 2024: Midyear Report

    As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.

  • August 23, 2024

    Taxation With Representation: Latham, Wachtell, Paul Weiss

    In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.

  • August 22, 2024

    Construction Co. Says It's Owed Coverage For Sinkhole Claim

    A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.

  • August 22, 2024

    Texas Asks Justices To Uphold Bar On Nuclear Waste Site

    The state of Texas called on the U.S. Supreme Court to reject the U.S. Nuclear Regulatory Commission's attempt to upend a Fifth Circuit decision barring the agency from licensing a temporary nuclear waste storage facility in the state. 

  • August 22, 2024

    2 AGs Push Justices To Stay EPA Power Plant Emission Rule

    Ohio and Kansas are urging the U.S. Supreme Court to pause a challenged U.S. Environmental Protection Agency rule that aims to reduce greenhouse gas emissions from power plants, arguing the unlawful rule forces plants to risk billions of dollars on unproven control technologies or shut down.

  • August 22, 2024

    Farmers Seek Rehearing For Mich. Justices' Permit Ruling

    Farm groups are asking the Michigan Supreme Court to reconsider a split opinion upholding general permit conditions state regulators enacted for concentrated animal feeding operations, arguing the majority's opinion is built upon "crucial factual and legal errors."

  • August 22, 2024

    Local Property Tax Exemptions A Must For Solar, Va. AG Says

    Localities are required under state statute to provide an exemption for the taxation of property used for solar photovoltaic systems, or systems that use solar panels to create energy, the Virginia attorney general said in an opinion.

  • August 22, 2024

    Kenya's Justices May Ax Part Of Tax Act That Set Off Unrest

    The Supreme Court of Kenya agreed to stay a lower court's ruling declaring unconstitutional the government's entire 2023 tax package, which sparked deadly nationwide protests, but it looks likely to scrap at least part of the law next month, attorneys told Law360 on Thursday.

  • August 22, 2024

    California Fires Back At Red State Attacks On Climate Torts

    California and a contingent of blue states told the U.S. Supreme Court that their climate change torts against fossil fuel companies are on solid legal ground and that an effort by Alabama and other red states to undercut them must be rejected.

  • August 22, 2024

    Apache Carry Petition To High Court With A Prayer Journey

    Members of an Apache nonprofit fighting to save an Indigenous worship site from destruction are making stops to visit other tribes throughout the country for prayers and support as they deliver a petition to the Supreme Court that seeks to undo a Ninth Circuit ruling and block a mining project.

  • August 22, 2024

    Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground

    Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.

  • August 21, 2024

    Signal Peak Can't Hasten DOI's Coal Mine Review, Judge Says

    A D.C. federal judge ruled Wednesday that it would be premature to order federal regulators to speed up their environmental review of Signal Peak Energy LLC's planned expansion of a Montana coal mine, saying the federal government still has time to make good on its deadlines.

  • August 21, 2024

    Split 6th Circ. Partly Revives GM Drivers' Truck Emissions Suits

    A divided Sixth Circuit panel on Wednesday revived drivers' state-law claims in consolidated litigation alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, rejecting a district court's finding that the claims conflicted with federal law.

  • August 21, 2024

    500,000 Camp Lejeune Cases Filed With The Navy

    The federal government and Camp Lejeune litigants have told the North Carolina federal court overseeing claims over contaminated drinking water at the Marine base that there have been nearly 550,000 administrative claims filed with the U.S. Navy.

  • August 21, 2024

    NY Metal Shredder Will Pay $555K Over Feds' Air Claims

    A Long Island, New York, metal shredder will pay $555,000 to settle the federal government's claims that it failed to install required pollution controls at its facility, which caused the release of excessive volatile organic chemicals.

  • August 21, 2024

    NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight

    The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.

  • August 21, 2024

    EPA Urges 8th Circ. Not To Delay Power Plant Effluent Rule

    The U.S. Environmental Protection Agency and green groups on Tuesday asked the Eighth Circuit not to block the implementation of a rule that set new wastewater standards for coal-fired power plants, as utility companies, trade groups and nearly two dozen states that oppose the rule have urged.

  • August 21, 2024

    Arch Resources, Consol Energy To Form $5.2B Energy Giant

    Latham & Watkins LLP attorneys guided Arch Resources Inc. in its all-stock merger with Consol Energy Inc. on Wednesday to create a new natural resources company dubbed Core Natural Resources with a market capitalization of approximately $5.2 billion.

  • August 21, 2024

    3 Firms Guide $950M Delaware Basin Gas Treatment Deal

    Houston-based energy providerEnterprise  Partners LP has agreed to purchase Pinon Midstream, a natural gas treatment company focused on the Delaware Basin, for $950 million in cash, the companies said Wednesday.

  • August 21, 2024

    Oregon Judge Grants EPA Partial Win In Water Pollution Suit

    An Oregon federal judge rejected a conservation group's contention that the U.S. Environmental Protection Agency must step in and act because Oregon has effectively submitted no total maximum daily load plans to set appropriate pollution limits for hundreds of impaired waterways, some of which have been considered impaired for decades.

  • August 21, 2024

    Alaska Seeks Pause In Mining Row Suit With EPA

    The state of Alaska is calling on a district court judge to pause litigation accusing the U.S. Environmental Protection Agency of unlawfully prohibiting development of the Pebble mineral deposit in the southwestern region of the state, while the agency attempts to withhold documents from the public.

Expert Analysis

  • Traversing The Web Of Nonjudicial Grievance Mechanisms

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    Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.

  • Exploring Patent Trends In Aerospace Electrification

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    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Illinois EV Charging Act Sparks Developer Concerns

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    A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

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    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Opinion

    Streamlined Mine Regulation Is Key For The Energy Transition

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    Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

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