Environmental

  • April 16, 2024

    Activist Axes $3.6B SilverBow Merger Plan Amid Proxy Fight

    New York-based asset manager Kimmeridge said Tuesday it has scrapped its March offer to create a $3.6 billion Eagle Ford shale operator by combining the assets of Kimmeridge Texas Gas with those of shale driller SilverBow Resources, stating it will now focus on getting its three nominees elected to SilverBow's board. 

  • April 16, 2024

    AIG Unit Must Cover $20M Botched Tunnel Project, Court Told

    A Michigan county's water resources commissioner and sewage disposal system accused an AIG unit of failing to arbitrate their coverage claims over a design contractor's faulty work on a tunnel project, claiming they've suffered more than $20 million in damages.

  • April 16, 2024

    High Court Sides With Texas Landowners In Takings Dispute

    The U.S. Supreme Court ruled Tuesday in favor of landowners in a dispute with Texas, finding the owners can pursue their takings claim pursuant to state law but leaving open a larger Fifth Amendment takings question.

  • April 16, 2024

    DOL Finalizes Rule To Curb Miners' Exposure To Silica Dust

    A U.S. Department of Labor agency released final regulations Tuesday that tighten limits on miners' exposure to workplace silica dust, a toxic substance that increases the risk of death and chronic health conditions.

  • April 15, 2024

    Ocean Agency Requires Cos. To Cover Well Razing Costs

    The Bureau of Ocean Energy Management on Monday unveiled a final rule aimed at ensuring oil and gas companies, and not taxpayers, are the ones footing the bill for decommissioning offshore wells and infrastructure.

  • April 15, 2024

    Colo. Ski Resort's Snowmaking Suit More Than A Decade Late

    A Colorado federal judge on Monday tossed a lawsuit over a ski resort's permit to make snow using a nearby watershed that is a habitat for an imperiled trout species, siding with the U.S. Forest Service in concluding the resort's owner and operator should've filed the claim more than a decade earlier.

  • April 15, 2024

    Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

    A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

  • April 15, 2024

    EPA Says Legacy Asbestos Poses Unreasonable Risk

    The U.S. Environmental Protection Agency released on Monday its long-awaited draft for the second part of its asbestos risk evaluation, which determined handling asbestos associated with legacy uses presents undue human health risks.

  • April 15, 2024

    EPA Asks High Court To Preserve SF Water Pollution Regs

    The U.S. Environmental Protection Agency on Friday asked the U.S. Supreme Court to preserve its water quality standards for San Francisco, which the city has challenged as vague, generic, and "virtually impossible" to comply with.

  • April 15, 2024

    Solar Power Co. Accuses Ex-Insider Of Building, Selling Rival

    Delaware-chartered solar energy venture Volt Energy Utility LLC has sued a former top officer in Chancery Court, alleging that while employed by Volt, she secretly launched a competing company, contacted Volt's lenders and customers and then sold the new business to a wholly owned subsidiary of Tokyo Gas Co. Ltd. for $216 million.

  • April 15, 2024

    Green Groups Defend Suit To Expel Ga. Island's Wild Horses

    Conservation groups told a Georgia federal court on Monday that Peach State officials are not shielded from their lawsuit to make state and federal authorities remove feral horses they say are threatening endangered wildlife on Cumberland Island.

  • April 15, 2024

    Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

    Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.

  • April 15, 2024

    Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

    An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.

  • April 15, 2024

    Biden Approves Disaster Declarations For States, Tribe

    The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.

  • April 15, 2024

    Vermont's 3M PFAS Suit Remanded To State Court

    A Vermont federal judge has sent the state's "forever chemicals" suit against 3M Co., E.I. Du Pont de Nemours and Co. and others back to state court, finding that 3M filed its notice of removal too late after learning that the claims concerned a facility that made products for the military.

  • April 15, 2024

    NH Power Plant Co. Can Send Dual-Path Ch. 11 Plan To A Vote

    The operator of a New Hampshire power plant fueled by scrap wood can seek creditors' approval of its Chapter 11 proposal, through which the debtor would either sell its assets or hand ownership of the reorganized business to lenders, a Delaware bankruptcy judge ruled Monday.

  • April 15, 2024

    Food Supplier Sues Ga. City Over $1.5M Wastewater Penalties

    The city of Dawsonville, Georgia, and seven city officials have been sued in Georgia federal court by a food supplier that alleges the city threatened to shut off water and sewage service to its poultry processing plant based on more than $1.5 million in "illegally assessed" wastewater discharge penalties.

  • April 15, 2024

    4th Circ. Upholds W.Va.'s Win In Coal Mine Cleanup Suit

    The Fourth Circuit on Monday affirmed a West Virginia federal court's order ending developers' allegations that the state's environmental regulators' reclamation efforts at an old coal mining site constituted illegal dumping, finding the lower court correctly concluded the efforts are exempt from regulations prohibiting open dumps.

  • April 15, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.

  • April 15, 2024

    Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

    A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.

  • April 15, 2024

    EPA Won't Cut Stationary Combustion Turbines From CAA

    The U.S. Environmental Protection Agency on Monday rejected a petition filed by energy industry groups looking to remove stationary combustion turbines from the list of sources subject to regulation for emissions of air toxics.

  • April 15, 2024

    High Court Won't Hear California Tribal Casino Dispute

    The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.

  • April 12, 2024

    US, EU Antitrust Officials Agree On Much, Not Sustainability

    The leaders of the U.S. and European antitrust agencies said Friday their views are broadly aligned on many competition policy issues, though they also outlined opposing approaches to companies that want to collaborate on sustainability projects.

  • April 12, 2024

    Chamber Defends SEC Climate Regs From Enviros' Challenge

    The U.S. Chamber of Commerce wants to help defend the U.S. Securities and Exchange Commission against legal challenges environmental groups have brought over its climate disclosure regulations, even after the business group sued the regulator in March to have the rules nixed.

  • April 12, 2024

    Tyco Reaches $750M PFAS Deal In Foam Co. MDL

    Johnson Controls International PLC subsidiary Tyco Fire Products LP on Friday agreed to pay $750 million to settle public water systems' federal claims that some "forever chemicals" they detected in their supplies came from firefighting foam it made.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

  • 8 Tips As GCs Prep For New SEC Climate Disclosure Rules

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    The U.S. Securities and Exchange Commission's recently adopted rules governing climate-related disclosures represent a major change to the existing public company disclosure regime, so in-house counsel should begin to evaluate existing systems and resources related to emissions data, and identify the changes that will need to be made, say attorneys at Bracewell.

  • What New Waste Management Laws Signal For The Future

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    Several states have enacted extended producer responsibility and recycling labeling laws that will take effect in the next few years and force manufacturers to take responsibility for the end of life of their products, so companies should closely follow compliance timelines and push to innovate in the area, say attorneys at Perkins Coie.

  • Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'

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    The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence

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    The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.

  • Opinion

    Proposed MDL Management Rule Needs Refining

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    Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

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    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

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