Environmental

  • February 05, 2024

    Feds Slam Intervention Bids In BLM Grazing Analysis Dispute

    The Bureau of Land Management and green groups have asked a D.C. federal court to reject efforts by Idaho, Utah and a coalition of agriculture industry groups to intervene in the environmentalists' lawsuit challenging grazing allotments.

  • February 05, 2024

    Monsanto Pushes Back On Roundup Claims Before Del. Jury

    A lawyer for Monsanto Corp. told a Delaware jury on Monday that attorneys seeking regular and punitive damages based on alleged ties between Roundup exposure and a South Carolina man's fatal cancer want jurors to believe "everybody got it wrong" in finding the product safe.

  • February 05, 2024

    Fla. Wants To Keep Clean Water Act Permit Review Powers

    Florida officials have told a D.C. federal judge that there would be substantial consequences if he pulls the state's authority to run a federal Clean Water Act permit program that has received thousands of project applications that are reviewed by more than 300 trained employees.

  • February 05, 2024

    Mich. Top Court Reviews PFAS Drinking Water Rules

    The Michigan Supreme Court has agreed to review a decision invalidating regulations on so-called forever chemicals in drinking water because of a missing cost analysis, saying Friday that it would hold oral arguments on the state's appeal.

  • February 05, 2024

    FERC Says It Followed Court's Orders With LNG Reapproval

    The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.

  • February 05, 2024

    Norfolk Southern Slams Investors' Fraud Suit Over Derailment

    Norfolk Southern has asked a New York federal court to dump proposed class allegations that it misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to last year's fiery derailment in East Palestine, Ohio.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

  • February 05, 2024

    States, Enviro Groups Expand Suits Over USPS' New Vehicles

    Environmentalists and a coalition of states broadened their California federal court challenges to the U.S. Postal Service's decision to replace its aging delivery fleet with "gas-guzzling vehicles" powered by internal combustion engines, saying it failed to consider lower-emission alternatives.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 05, 2024

    BCLP Sees 2nd Group Depart As 7 Head To Arnold & Porter

    A group of seven lawyers, including six partners, has departed Bryan Cave Leighton Paisner LLP and joined Arnold & Porter Kaye Scholer LLP, according to a Monday announcement that comes on the heels of a three-partner group leaving BCLP at the end of January, which included the firm's global banking sector leader.

  • February 02, 2024

    Tesla To Pay $1.5M To Settle Calif. Hazardous Waste Suit

    Tesla Inc. quickly agreed to pay $1.5 million to put to rest a lawsuit brought by 25 California district attorneys claiming the electric carmaker has long mishandled the storage and disposal of hazardous waste throughout the Golden State, according to the district attorneys.

  • February 02, 2024

    Monsanto Can't Wash Away Seattle's PCB Water Pollution Suit

    A Washington federal judge on Friday denied Monsanto's summary judgment bid in Seattle's complaint over polychlorinated biphenyl pollution in its waterways, ruling there are still significant factual disputes in play, including whether and to what extent PCBs traceable to Monsanto comprise the amount found in the city's water.

  • February 02, 2024

    FirstEnergy Rips Investor Clarification Bid Amid Cert. Appeal

    FirstEnergy Corp. told an Ohio federal judge that investors are making an "extraordinary" and "unprecedented" bid for clarification on a class certification ruling in their suit over the company's role in a high-profile bribery scandal, saying such a clarification in the middle of an ongoing appeal would require an unnecessary, additional round of briefing.

  • February 02, 2024

    Harvard Prof. Slams Study Showing IQ Gains From Fluoride

    A Harvard epidemiologist testifying Friday in a high-stakes bench trial over fluoridated water's risks criticized a study cited by the government that found fluoride exposure increases IQ by 24 points, saying the results "don't make sense," are "beyond the imagination" and must be based on erroneous data.

  • February 02, 2024

    Conn. Agency Worker Deleted Bias Evidence, Jury Told

    Connecticut's environment and energy regulator told a federal jury Friday that a Black inspector who accused the agency of failing to remedy years of racial workplace hostility gave contradictory statements and deleted a photo that purported to document a noose tied near his desk.

  • February 02, 2024

    Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound

    Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.

  • February 02, 2024

    Colo. Regulators Say Landlords Too Vague In GHG Rule Suit

    Colorado regulators urged a Denver judge to toss an apartment industry group's claim that new greenhouse gas reduction rules for large buildings would impair its ability to honor contracts, arguing that the group has lodged the sweeping claim without specifics.

  • February 02, 2024

    Youths Say DOJ Using Extreme Tactics To Delay Climate Trial

    Young people who claim the U.S. government is violating their rights with energy policies that are worsening climate change hit back against the Justice Department's latest bid to pause their suit before it can go to trial, saying courts should not tolerate its extreme delay tactics and shocking conduct.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

  • February 02, 2024

    Exxon Investors Drop Climate Proposal, But Suit To Continue

    The climate-focused investment firm at the center of a court battle with ExxonMobil Corp. said Friday that it will no longer push emissions reductions at the Big Oil firm, but pulling the shareholder proposal that led to the lawsuit may not dissuade Exxon from moving forward with the case. 

  • February 02, 2024

    Ill. Towns, Metra Ask DC Circ. To Void CP-KCS Rail Merger

    Several Illinois towns and Chicago's commuter rail system told the D.C. Circuit on Friday that federal regulators improperly approved Canadian Pacific's $31 billion merger with Kansas City Southern without fully vetting the public safety and environmental harms resulting from increased rail traffic congestion in the Windy City.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 02, 2024

    Green Group Blasts Berkshire Unit's Bid To Flush Water Suit

    An environmentalist group urged a North Carolina federal court to keep alive its Clean Water Act complaint against a Berkshire Hathaway Inc. unit, arguing that it's packed with specifics about how pollution from a development has sullied nearby waterways.

  • February 02, 2024

    Mo. Judge Says Suit's Radioactive Landfill Claims Preempted

    A Missouri federal judge dismissed a proposed class action St. Louis-area residents filed seeking damages for radioactive contamination at a landfill, holding that their state law claims against several companies are preempted by the Price-Anderson Act, but leaving them a window to try to amend their complaint.

  • February 02, 2024

    Holland & Knight Adds Hunton Andrews Energy Ace In Texas

    Holland & Knight LLP is expanding its regulatory team, bringing in a Hunton Andrews Kurth LLP environmental and natural resources expert — and a former federal prosecutor — as a partner in its Houston office.

Expert Analysis

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief

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    In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • What To Expect After Colo. Nixes Special Standing Rules

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    Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

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