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Environmental
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January 06, 2025
Exxon Says Calif. AG, Green Groups Defamed Recycling Effort
Exxon Mobil Corp. claims California's attorney general and a coalition of conservation groups have disparaged its reputation by declaring that the petrochemical company misled people about the effectiveness of plastic recycling and that its "advanced recycling" doesn't mitigate the problem, according to a lawsuit filed Monday in Texas federal court.
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January 06, 2025
Nikola Investors Win Class Cert. In Securities Fraud Litigation
An Arizona federal judge on Monday certified a class of investors accusing Nikola Corp. of inflating its stock price by exaggerating its ability to manufacture electric trucks, ruling that the shareholders have shown their case warrants the class treatment more than four years after they first sued.
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January 06, 2025
EPA Adds 9 PFAS To Its Toxics Release Inventory List
The U.S. Environmental Protection Agency added nine so-called forever chemicals to the list of chemicals covered by its Toxics Release Inventory, or TRI, thereby requiring facilities that manufacture such chemicals above set quantities to report the amount they release into the environment.
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January 06, 2025
Edelson Must Share Info In Tort Case, Colo. Judge Says
A Colorado state judge has ordered Edelson PC to provide information about advertising in a toxic tort case over ethylene oxide emissions from a medical sterilization facility in Lakewood, with a bellwether trial set for this month.
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January 06, 2025
New Rules Won't Lift Political Clouds Over Hydrogen Projects
The Biden administration's new rules to make hydrogen production tax credits more accessible for project developers and investors may not move the needle much for the industry given President-elect Donald Trump's vow to at least partially repeal the statute that created the credits.
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January 06, 2025
Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence
Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."
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January 06, 2025
Feds Hit Georgia Developer With Suit Over Native Artifacts
The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.
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January 06, 2025
Mich. Residents Say Solar Investors Can't Arbitrate Fraud Suit
Michigan residents who allege Florida investment firms funded a company that duped them into buying defective solar panels have urged a federal judge to deny the firms' bid to arbitrate or dismiss the claims, saying the court has already rejected the investors' arguments.
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January 06, 2025
Biden Closes Off Coastal Areas To Offshore Drilling
President Joe Biden on Monday announced a ban on new offshore oil and gas drilling in more than 625 million acres of U.S. waters on the Atlantic and Pacific coasts and in Alaska after determining that the environmental and economic risks and harms outweigh the benefits of drilling.
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January 06, 2025
Paul Hastings, Cravath Steer Pork Giant Smithfield's IPO Filing
Pork producer Smithfield Foods Inc. on Monday submitted the year's first filing for an initial public offering, part of a spinoff from China's WH Group Ltd., represented by Paul Hastings LLP and underwriters' counsel Cravath Swaine & Moore LLP.
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January 06, 2025
Nippon, US Steel Hit Back With Suits After Biden Blocks Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. have filed two lawsuits following President Joe Biden's Friday decision to block their planned $14.9 billion merger, claiming Monday that the deal was blocked for "purely political reasons."
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January 03, 2025
3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch
New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.
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January 03, 2025
Energy Cos. Ask Top Calif. Court To End Climate Change Suits
A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.
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January 03, 2025
3 Firms Seek $36M Fee Award In 'Historic' NJ PFAS Deal
The Law Offices of John K. Dema PC, Kelley Drye & Warren LLP and Cohn Lifland Pearlman Herrmann & Knopf LLP have asked a New Jersey state court to award $36.7 million in attorney fees for their work in securing a $393 million deal over "forever chemical" contamination by Belgian chemical company Solvay as special counsel to the Garden State.
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January 03, 2025
Treasury Unveils Flexible Final Regs For Hydrogen Tax Credit
The U.S. Treasury Department released final rules Friday for hydrogen production tax credits that allow fuel produced using nuclear-generated electricity or methane to qualify for the incentive, making the regulations more flexible than what was proposed last year.
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January 03, 2025
Biden Blocks $14.9B US Steel-Nippon Deal
President Joe Biden on Friday formally blocked the planned $14.9 billion merger between Japan's Nippon Steel and U.S. Steel, making good on a prior pledge to keep the latter steelmaker U.S.-owned in one of his final flexes of executive power over cross-border deals.
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January 02, 2025
Samsung Sued Over Alleged PFAS In Galaxy Watch Wristbands
Samsung has been putting "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, according to a proposed class action filed in California federal court by a Los Angeles resident who cites a newly published scientific study.
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January 02, 2025
9th Circ. Revives Pot Fines Suit Against Calif. County
A proposed class of Northern California landowners can pursue a swath of constitutional claims against Humboldt County officials with the Ninth Circuit ruling they plausibly pled the county was overzealous in its efforts to crack down on allegedly illegal cannabis growers.
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January 02, 2025
Calif. Says Insurers Must Expand Coverage In High-Risk Areas
California Insurance Commissioner Ricardo Lara announced Monday that carriers will be required to increase coverage in areas of the state that are at high risk of wildfires, marking the final major step in the department's historic regulatory effort to restabilize the state's insurance market.
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January 02, 2025
Solar Panel Tech Co. Faces Investor Suit Over Project Delays
Solar power software and tracking company Nextracker Inc. has been hit with a proposed shareholder class action in California federal court alleging it misled investors about production delays it faced following a spike in demand caused by tax credits offered through the Inflation Reduction Act.
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January 02, 2025
Feds Ink $1B Supply Deal With Constellation Nuke Plants
The U.S. General Services Administration said Thursday it has cut the largest energy procurement deal in its history after purchasing 10 million megawatt-hours of electricity from Baltimore-based Constellation New Energy Inc. in combined energy contracts totaling more than $1 billion.
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January 02, 2025
Ga. County Sues 3M, Daikin To Remove PFAS From Landfill
A Georgia county has filed a lawsuit against 3M Co., Daikin America Inc. and several other manufacturers and users of so-called forever chemicals, alleging the sale and use of the toxic chemicals in carpet manufacturing has caused a "public-health crisis" across the northwestern part of the state.
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January 02, 2025
Trump Transition Underway At Key Environmental Agencies
President-elect Donald Trump's landing teams — tasked with aiding the upcoming transition in the White House — are busy gathering information to set the new administration on course to implement its priorities on day one.
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January 01, 2025
How Wall Street Regulators May Adapt To Trump's Return
The incoming presidency of Donald Trump is likely to upend some Biden-era policies at the U.S. Securities and Exchange Commission, leaving proposed rules on climate and artificial intelligence in the lurch while its sister agency, the U.S. Commodity Futures Trading Commission, could be given more authority over the cryptocurrency industry.
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January 02, 2025
The Top Property Insurance Cases To Watch In 2025
Two cases that could change the policies offered by California's insurer of last resort and a forthcoming Hawaii Supreme Court decision on a $4 billion wildfire settlement are among the top property insurance suits to follow in the new year. Here, Law360 looks at five cases that practitioners should note in 2025.
Expert Analysis
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Hawaii Climate Insurance Case Is Good News For Energy Cos.
The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.