Environmental

  • November 08, 2024

    Kentucky Utility Asks High Court To Stay EPA Coal Ash Rule

    A Kentucky electric utility called on the U.S. Supreme Court to halt the U.S. Environmental Protection Agency's rule strengthening federal regulations requiring safe management of coal ash dumped at operating and retired power plants, while it appeals the D.C. Circuit's refusal to block the rule.

  • November 08, 2024

    Special Master Recommends $7.8M For Flint Plaintiffs' Attys

    A Special Master has recommended that attorneys representing plaintiffs in the Flint Water Crisis litigation receive $7.8 million in fees for their role in securing a $25 million settlement with Veolia North America finalized last month.

  • November 08, 2024

    Landowners Ink $6.5M Deal To Cap Inactive Gas Wells

    A group of landowners is asking a West Virginia federal court to approve a proposed settlement that would have Diversified Energy Co. more than quadruple its commitment to plugging inactive gas wells that it obtained from EQT Corp., meaning that it will cap off at least 2,600 wells in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia and Tennessee by 2035.

  • November 08, 2024

    White & Case Adds Life Sciences IP Atty From A&O Shearman

    A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.

  • November 08, 2024

    Experienced Dealmakers Lead 3 SPACs Raising $365M Total

    Three special purpose acquisition companies began trading Friday after pricing initial public offerings that raised $365 million combined under guidance from four law firms, marking the latest sign that more SPACs, particularly those with prior deals under their belts, are willing to test an improving market.

  • November 08, 2024

    NC Furniture-Maker Demands Hurricane Helene Coverage

    A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.

  • November 08, 2024

    Gov't Union Continues Organizing Push For DOJ Attys

    Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.

  • November 08, 2024

    Judge Will Give Solar Co. $3M Interim Lifeline In Ch. 11

    A Delaware bankruptcy judge said Friday she will grant Oya Renewables, a solar energy producer with offices in Boston and Toronto, interim access to $3 million in postpetition funding on offer from its Chapter 11 stalking horse bidder once some final modifications are made.

  • November 08, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.

  • November 07, 2024

    Plastics Industry Can't Stop Calif. AG's Pollution Subpoena

    A D.C. federal judge on Wednesday denied a plastics industry group's second bid to stop California's attorney general from enforcing a subpoena in a global plastic pollution probe, saying the group again failed to establish that the court had personal jurisdiction over the Golden State's top attorney.

  • November 07, 2024

    W.Va. Coal Mine Held In Contempt Again Over Pollution

    A West Virginia federal judge held Lexington Coal Co. in contempt for a third time on Thursday over the company's continued failure to address ionic pollution caused by its coal mining operations in Appalachia, ordering it to pay a $50,000 fine and establish a $100,000 fund to achieve compliance. 

  • November 07, 2024

    NM Tribe Settles Land Claim Dispute With Feds

    The Pueblo of Jemez and the U.S. government have settled in New Mexico federal court the tribe's claim on land within the Valles Caldera National Preserve, finally agreeing in the 12-year-old dispute that Jemez has aboriginal title to an area known as Banco Bonito.

  • November 07, 2024

    7th Circ. Sends Refuge Power Line Fight Back To Wis. Judge

    A Seventh Circuit panel scrapped stayed preliminary injunctions that temporarily blocked a power transmission line from crossing the Upper Mississippi River National Wildlife and Fish Refuge, directing a Wisconsin federal judge to determine if conservation groups' request for permanent relief is warranted or even possible with the line now built.

  • November 07, 2024

    Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute

    The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.

  • November 07, 2024

    Attys For Solar Co. Ex-CEO Should Be DQ'd, Plaintiffs Say

    The lawyers representing the former CEO of a bankrupt solar energy company should be disqualified, attorneys for the plaintiffs in a suit against him said Wednesday, arguing that the firm had multiple conflicts of interest with its work as in-house counsel for the solar energy company and was intentionally delaying discovery because of its "obvious web of conflicting obligations."

  • November 07, 2024

    Ex-Cop, Brother Admit Energy Contract Kickback Scheme

    A former Massachusetts police officer and his electrician brother pled guilty Wednesday to paying off employees of a utility ratepayer-funded energy savings program administrator who steered $36 million in contracts their way, federal prosecutors said Thursday.

  • November 07, 2024

    Calif. Gov. Lays Groundwork To Fight Trump Policies In Court

    California Gov. Gavin Newsom called a special legislative session on Thursday to fund litigation against President-elect Donald Trump's potential erosion of abortion rights, immigration protections and environmental progress, saying lawyers for the blue state have already begun preparing "to challenge in court unconstitutional and unlawful federal policies."

  • November 07, 2024

    Shook Hardy Adds Former Assistant Illinois AG

    In its effort to become one of the nation's premier white collar firms, Shook Hardy & Bacon LLP is bringing in from Dechert LLP a former Illinois assistant attorney general as a partner in its Chicago office.

  • November 07, 2024

    Louisiana Says EPA Usurped State Power In Pollution Row

    The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency. 

  • November 07, 2024

    Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict

    A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.

  • November 07, 2024

    Paul Hastings Lands Morgan Lewis Enviro Litigator In Dallas

    Paul Hastings LLP announced Thursday that it is expanding its top-notch environmental litigation practice into Texas with a partner in Dallas who came aboard from Morgan Lewis & Bockius LLP and is the latest in a string of additions this year that has tripled the firm's Lone Star State headcount.

  • November 06, 2024

    Trump's Win Likely To Spur Deals For Capital Markets Attys

    Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.

  • November 06, 2024

    DOI Signs Bison Conservation Pact With Canada And Mexico

    The U.S. Department of the Interior said it has inked a new agreement with Canada and Mexico to work on strengthening conservation of the American bison across its range in North America while focusing on historic Indigenous ties with the species.

  • November 06, 2024

    Alaska Asks 9th Circ. To Roll Back Ringed Seal Protections

    The state of Alaska called on the Ninth Circuit to overturn a district court's refusal to eliminate Endangered Species Act protections for Arctic ringed seals, arguing the federal government failed to properly credit new information that raised serious questions about the necessity for continuing protections.

  • November 06, 2024

    Customers Look To Preserve Lead Class Action Against AT&T

    AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.

Expert Analysis

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • How The 2025 Tax Policy Debate Will Affect The Energy Sector

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    Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • The Complex Challenges Facing Sustainable Food Packaging

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    More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • New Law May Move Calif. Toward Fashion Sustainability

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    California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.

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