Split Ohio Supreme Court OKs Power Co.'s Herbicide Use

By Isaac Monterose

The Ohio Supreme Court on Wednesday reversed an early win for landowners in a case against Ohio Edison Co. that had sought to stop the company from using herbicide on their property to clear space for power lines.

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Va. Gov. Can't Exit Carbon Trading Program, Judge Says

By Madeline Lyskawa

Virginia Gov. Glenn Youngkin's administration can't withdraw from a regional carbon emissions-trading program the Legislature ordered the state to join three years ago without first securing legislative approval, a Virginia circuit court judge ruled Wednesday.

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9th Circ. Judge Asks How Loper Bright Impacts EPA Fine Case

By Rachel Riley

A Ninth Circuit judge wondered on Wednesday what weight the court should give the Environmental Protection Agency's view in a chemical wholesaler's appeal of an $850,000 fine in light of the U.S. Supreme Court's Loper Bright decision, suggesting the justices might next end agency deference in regulatory interpretation.

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GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case

By Linda Chiem

The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.

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Arizona Governor Settles Tribal Water Rights Claims

By Crystal Owens

Two agreements signed by Arizona Gov. Katie Hobbs settled four tribal nations' water rights claims and will help to provide safe drinking water to thousands of Native Americans on reservation lands that depend on the Colorado River Basin System.

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Texas Offers Up Land To Help Trump's Mass Deportation Plan

By Britain Eakin

The Texas General Land Office is offering up 1,400 acres of ranch land near the U.S.-Mexico border to the incoming Trump administration to construct deportation facilities to support the president-elect's plan for mass removals.

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Brief

Bill Aimed At Creating Ga.'s First National Park Moves Ahead

By Kelcey Caulder

The U.S. Senate Committee on Energy and Natural Resources voted Tuesday to advance a bill that would establish Georgia's first national park, upgrading the ancestral home of the Muscogee (Creek) Nation of Oklahoma from its national monument status while also offering protections for Native American burial mounds.

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3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims

By Ryan Harroff

A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.

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11th Circ. Told Everglades Project Will Reduce Water Supplies

By David Minsky

Several Florida sugar growers urged the Eleventh Circuit Wednesday to reverse a decision allowing an Everglades flood control project to proceed, saying a lower court wrongly accepted a U.S. Army Corps of Engineers impact analysis that will result in water supply loss to the surrounding area.

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Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use

By Joyce Hanson

The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.

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FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

By Madeline Lyskawa

The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

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FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told

By Madeline Lyskawa

The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.

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What Trump Presidency May Mean For Climate Reporting

While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.

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Expect Surging Oil And Gas Industry Under New Trump Admin

Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

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BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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