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Environmental
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December 20, 2024
EPA Administrator Stepping Down At End Of December
U.S. Environmental Protection Agency Administrator Michael Regan on Friday announced that he's stepping down at the end of December, after a nearly four-year term that was punctuated by high-profile climate, water and chemical regulations and ambitious environmental justice initiatives.
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December 19, 2024
Monsanto PCB Trial Groups Can Grow, Wash. Judge Says
A Washington state judge laid out a plan on Wednesday to consolidate a series of alleged chemical poisoning cases pending against Monsanto in connection to an Evergreen State school, largely rejecting the company's arguments that it would be prejudiced if plaintiffs merged into larger trial groups.
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December 19, 2024
Texas Firm Beats Arnold & Itkin DQ Bid In Hurricane Zeta MDL
A Texas state judge Thursday denied Arnold & Itkin LLP's bid to disqualify the law firm defending a drilling rig owner in litigation stemming from Hurricane Zeta, finding that Arnold & Itkin hasn't established that a defense lawyer who had worked for the firm was involved in anything substantially related to the current litigation.
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December 19, 2024
CFTC Urges 7th Circ. To Uphold $231M Crypto 'Ponzi' Penalty
The U.S. Commodity Futures Trading Commission has urged the Seventh Circuit to uphold a $231.5 million judgment against a man they say ran a cryptocurrency Ponzi scheme, arguing it is "undisputed" that the agency has authority to regulate the trading of bitcoin and ether.
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December 19, 2024
Judge Says Some Paraquat Plaintiffs Being Left In Dark
Amid a hearing targeting fall 2025 for a first bellwether trial over the alleged link between the pesticide paraquat and Parkinson's disease, an Illinois federal judge told plaintiffs' lawyers to keep in better touch with their clients after her chambers received calls from plaintiffs wondering what's happening with their cases.
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December 19, 2024
Groups Say CARB Fuel Program Will Spur Environmental Harms
Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 19, 2024
FERC Chair Plays Coy On Impact Of LNG Export Study
Willie Phillips, chairman of the Federal Energy Regulatory Commission, wouldn't say on Thursday how the agency would incorporate a recently released federal study on the economic and environmental effects of liquefied natural gas exports into its reviews of proposed export terminals, and cited limits on FERC's authority.
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December 19, 2024
Mining Co. Wants Out Of Investor Suit Over Turkey Landslide
Colorado-based SSR Mining Inc. has asked a federal judge to drop a shareholder lawsuit alleging the company understated the likelihood of a deadly February landslide at its Turkish mine, arguing that the company sufficiently warned the public of potential catastrophes and that its executives had no knowledge of deficiencies at the mine.
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December 19, 2024
$1.1B Diablo Canyon Award Challenge Meets Skeptical Judge
A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.
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December 19, 2024
Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight
A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.
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December 19, 2024
$1.2B Sought From Phillips 66 After $605M Trade Secrets Win
A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.
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December 19, 2024
Graphite Cos. Seek Up To 920% Tariffs On Chinese Products
A group of graphite producers is asking the federal government to impose tariffs as high as 920% on Chinese rivals to hamper that country's alleged tactics of producing and exporting natural and synthetic graphite at low, unfair prices.
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December 19, 2024
Michigan's Biggest Decisions Of 2024
This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.
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December 19, 2024
Bain Capital Wants Out Of Bias Claims From Attorney
Bain Capital has asked a New Jersey state court to toss discrimination claims brought by a former in-house attorney for a chemicals company it had acquired, alleging she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.
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December 19, 2024
Chemours, DuPont Say New Info Undermines Class Cert.
The Chemours Co. FC LLC and EIDP Inc. are asking a North Carolina federal judge to decertify classes in a consolidated suit alleging that they knew about PFAS leaks into their water systems, saying information that's come to light since the certification disqualifies the named plaintiffs from representing the class and undermines the alleged common proof of their claims.
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December 18, 2024
Feds Get Judge's OK On $150M Lower Passaic Pollution Deal
A New Jersey federal judge Wednesday signed off on the federal government's $150 million consent decree with 82 companies that share some responsibility for the Garden State's Lower Passaic River pollution, calling the agreement "an important next step" in holding the companies accountable and furthering cleanup efforts.
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December 18, 2024
Emissions Cheating Biz Gets Truck Tuning Co. CEO 10 Months
The owner of a prominent Louisiana automotive tuning company will serve 10 months of a three-year probation term on house arrest in addition to paying a $1.55 million criminal fine after pleading guilty to selling illegal software that bypassed diesel trucks' emissions controls, the U.S. Department of Justice announced Wednesday.
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December 18, 2024
Monsanto Protests DNA Damage Argument In PCB Closings
An attorney in a toxic tort against Monsanto drew a sustained objection from the company's defense during closings Wednesday as he attempted to argue that some of the young girls allegedly exposed to PCBs "will give birth to children with altered DNA," as counsel sparred over whether the plaintiffs suffered "generational harm."
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
EPA Greenlights California's Race To 100% ZEVs By 2035
The U.S. Environmental Protection Agency on Wednesday authorized California's plan to require that all new light cars and trucks sold in the state be zero-emission vehicles by 2035, a move that was instantly slammed by the fossil fuel industry.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 18, 2024
Energy Co. Orsted Sells 50% Solar Farm Stake In $572M Deal
Danish multinational energy company Orsted, advised by Sidley Austin LLP, on Wednesday announced plans to sell a 50% equity stake in three U.S. onshore projects to energy transition-focused investor Energy Capital Partners in a $572 million deal.
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December 18, 2024
Connecticut AG Gets Remand Of 'Forever Chemicals' Suit
A Connecticut federal judge has shipped one of the state's PFAS "forever chemicals" lawsuits back to state court, siding with the state attorney general's argument that the case targeted pollution from consumer products and civilian industrial sources that were not "inextricably commingled" with chemicals produced to military specifications.
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December 18, 2024
The Biggest 1st Circ. Rulings Of 2024
The nation's smallest federal circuit court in 2024 issued an opinion tackling the government of Mexico's efforts to hold U.S. firearms makers responsible for the flow of illegal arms across the southern border, determining the claims are not barred by a litigation shield, among other high-profile decisions.
Expert Analysis
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations
A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Navigating The Uncertain Landscape Of Solar Tariffs
Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.