Environmental

  • December 02, 2024

    DC Circ. Asked To Spike 'Dangerous' NEPA Regulatons Ruling

    Environmental groups are asking the D.C. Circuit to overturn a panel's "demonstrably dangerous" ruling that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act.

  • December 02, 2024

    Newsom Wants $25M For Expected Legal Fights With Trump

    California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.

  • December 02, 2024

    Insurer Says Telecom Co. Can't Ax Marshall Fire Coverage Suit

    Liberty Mutual urged a Colorado federal court to allow it to proceed with a lawsuit against a Lumen Technologies subsidiary over coverage for underlying litigation linking the 2021 Marshall Fire to an unmoored telecommunications line, arguing that the insurer had clear standing to bring the suit.

  • December 02, 2024

    EPA Pitches Partial Ban On Food Crop Pesticide Chlorpyrifos

    The U.S. Environmental Protection Agency announced Monday it is proposing a rule to revoke tolerances over the use of chlorpyrifos on foods, a year after the Eighth Circuit said the agency hurriedly instituted a ban and didn't fulsomely consider the possibility of allowing some beneficial uses to continue.

  • December 02, 2024

    Green Group Urges Justices To Save Wash. Port CWA Ruling

    A Washington state environmental group is urging the U.S. Supreme Court not to disturb a Ninth Circuit ruling that protects its right to sue over pollution discharges under the citizen enforcement provision of the Clean Water Act.

  • December 02, 2024

    Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims

    The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.

  • December 02, 2024

    Solar Cos. Ask High Court To Review Vermont-Imposed Fine

    Allco Renewable Energy Ltd. and several other companies pursuing a solar generation project in Bennington, Vermont, are asking the U.S. Supreme Court to wade into their row with the Vermont Public Utility Commission and hold that it had no authority to impose a civil penalty on them without a jury trial.

  • December 02, 2024

    PE Firms Swap Calisen Stake At Reported $5B Value

    A majority stake in Calisen Group is changing hands in a private equity-backed deal that is said to value the British smart metering company at more than $5 billion, according to disclosures made Monday. 

  • December 02, 2024

    3 Firms Guide UAE Food Delivery App's Landmark $2B IPO

    Shares in Talabat, a food delivery app based in the United Arab Emirates, are set to begin trading next week following a $2 billion initial public offering that marked the largest global technology IPO this year, under guidance from three law firms.

  • December 02, 2024

    US Pitches $7.5B Loan To Stellantis-Samsung Battery Venture

    The U.S. Department of Energy on Monday said it intends to lend up to $7.54 billion to back a pair of lithium-ion battery manufacturing facilities that a joint venture of Samsung SDI and automaker Stellantis NV is developing in central Indiana.

  • November 27, 2024

    Law Firm's Ads Irrelevant To Toxic Tort Case, Plaintiffs Say

    Colorado residents suing a medical sterilization facility over alleged exposure to ethylene oxide have urged a state judge to reject the company's subpoena of Meta for documents about a plaintiffs law firm's advertising for the litigation, arguing the information is irrelevant and would invade their privacy.

  • November 27, 2024

    Texas Tells 5th Circ. EPA Botched Ozone Compliance Orders

    The state of Texas called on the Fifth Circuit to vacate part of a U.S. Environmental Protection Agency action requiring the state to revise its plan addressing "moderate" nonattainment of ground-level ozone standards for the Dallas, Houston and San Antonio areas, in light of the cities' upgrade to "serious" nonattainment.

  • November 27, 2024

    GOP-Led States Accuse BlackRock Of Driving Up Coal Prices

    Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."

  • November 27, 2024

    Illinois Top Court Will Decide Fate Of $7B Power Line Permit

    The Illinois Supreme Court has agreed to review a lower court's decision striking state utility regulators' approval to build part of the $7 billion Grain Belt Express high-voltage transmission line.

  • November 27, 2024

    EPA Mercury Rule Is Fatally Flawed, DC Circ. Told

    Republican-led states and fossil fuel industry groups fired back at the U.S. Environmental Protection Agency's recent defense of its rule strengthening standards for mercury and other toxic air emissions at power plants, telling the D.C. Circuit the agency misinterpreted the Clean Air Act's pollution reduction goals.

  • November 27, 2024

    EPA Asks DC Circ. To Keep Emissions Rules In Place

    The U.S. Environmental Protection Agency is defending its strict new emissions limits for cars, trucks and vans against a legal challenge from red states and industry groups, telling the D.C. Circuit that the Clean Air Act grants federal regulators authority over both gas-powered and electric vehicles.

  • November 27, 2024

    Trump Nominees Receive Bomb Threats, Feds Say

    Some of President-elect Donald Trump's Cabinet appointees and administration nominees were targeted with "numerous bomb threats and swatting incidents," federal law enforcement officials said Wednesday, confirming reports from Trump's transition team.

  • November 26, 2024

    Utah, Farm Groups Can't Reopen Bears Ears Monument Case

    A D.C. federal judge has denied a bid by the state of Utah and two farming groups to lift a more than three-year stay in a challenge to the Bears Ears National Monument, saying that pending independent proceedings weigh upon the case and that there's no evidence of a demonstrated hardship.

  • November 26, 2024

    Tossing Uri Consumers' Claims Stifles 'Growth,' Justice Says

    A Texas appellate court justice said Tuesday that a decision by the court finding that power plants owed nothing to consumers for damages resulting from outages during Winter Storm Uri stifles "growth" in common law, dissenting from his colleagues who denied a motion for the whole court to rehear the case.

  • November 26, 2024

    NY Groups, Truckers Say Congestion Pricing Unconstitutional

    A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.

  • November 26, 2024

    Claims Court Won't Let US Slip Landowners' Flooding Suit

    The U.S. Court of Federal Claims has refused to let the federal government escape a suit filed by property owners who claimed that their properties were taken without just compensation due to years of destructive flooding caused by the U.S. Army Corps of Engineers.

  • November 26, 2024

    Delta's Preemption Stance Flops In Seattle Jet Pollution Suit

    A Washington federal judge has declined Delta and Alaska Airlines' bid to dismiss a proposed class action filed by neighbors of Seattle's primary airport over alleged flight-path pollution, saying it's too early to tell whether the claims will be preempted by federal regulations governing air travel or plane emissions.

  • November 26, 2024

    EPA Asks Justices Not To Block Coal Ash Rule

    U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court Tuesday to reject a Kentucky electric utility's effort to halt a U.S. Environmental Protection Agency rule strengthening federal regulations requiring safe management of coal ash.

  • November 26, 2024

    Mohawk Sues PFAS Manufacturers For Fraud

    The world's largest flooring manufacturer has sued 3M Co., E.I. du Pont de Nemours and Co., The Chemours Co., and Daikin America Inc. in Georgia state court, alleging the chemical manufacturers lied about the dangers of so-called forever chemicals in order to trick the company into purchasing their products.

  • November 26, 2024

    NC Governor Says $227M Hurricane Relief Bill 'Plays Politics'

    North Carolina Gov. Roy Cooper on Tuesday vetoed a Hurricane Helene disaster relief bill in which Republican lawmakers had shoehorned measures to strip his and other Democrat-controlled offices of certain powers, calling it "sham" legislation.

Expert Analysis

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • DC Circ. Decision Opens Door To NEPA Regulation Litigation

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    A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Opinion

    FTC Actions In Oil Cases Go Against Its Own Rulemaking

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    Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.

  • How Global Data Center Regs May Influence US Policies

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    As regulators around the world react to the growth of data centers, and their increasing consumption of energy, water and land, international policies in this area may influence how the incoming U.S. administration regulates data centers in this country, say attorneys at HWG.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Trump Presidency May Mean For Climate Reporting

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    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.

  • Expect Surging Oil And Gas Industry Under New Trump Admin

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    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.

  • SEC Action Indicates Continued Focus On ESG Disclosures

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    The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

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