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Environmental
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August 29, 2024
Greens Urge EPA To Strip NC Of Right To Protect Clean Water
Environmental groups are calling on the U.S. Environmental Protection Agency to revoke North Carolina's authority to regulate water pollution, saying North Carolina lawmakers have systematically undermined state regulators to the point where they can no longer effectively protect state waters.
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August 29, 2024
Texas' Anti-ESG Law Is Unconstitutional, Green Biz Org Says
A sustainability-focused business group on Thursday sued Texas state officials in federal court seeking to block a law that restricts state investments with financial firms and businesses that want to reduce their reliance on fossil fuels.
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August 29, 2024
States, Industry Ask High Court To Block EPA Methane Rule
A group of states and fossil fuel industry players have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision not to block the implementation of a U.S. Environmental Protection Agency final rule strengthening methane emissions control requirements for oil and gas infrastructure.
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August 29, 2024
DOI Stands By Its Mining Ban On 28M Acres In Alaska
The U.S. Department of the Interior has finalized a decision to continue protections on 28 million acres of land in Alaska, a move that bans oil and gas drilling activity in the region and reverses a decision made in the Trump administration's final days to open up the area for development.
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August 29, 2024
Ill. Judge Overrules Dismissal For 6 Paraquat Cases
An Illinois federal judge on Wednesday declined to dismiss several cases in multidistrict litigation over the herbicide paraquat, finding that even though counsel didn't fill out questionnaires on time, it was because he was left the sole attorney in the firm after others quit.
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August 29, 2024
Feds Ask The Supreme Court To Reverse NEPA Railway Ruling
The U.S. Surface Transportation Board has told the U.S. Supreme Court that the D.C. Circuit was wrong to revoke the agency's approval of a rail line to transport crude oil from Utah, saying the appeals court went beyond what the law requires for environmental reviews.
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August 29, 2024
5th Circ. Got Biofuel Ruling Right, Refiners Tell Justices
The U.S. Supreme Court shouldn't review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, the refiners told the justices Wednesday.
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August 29, 2024
SunPower Eyes Sept. Auction As IP Objection Nixed For Now
A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.
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August 29, 2024
Deals Rumor Mill: Ackman IPO, Covestro Takeover, Trinitech
Bill Ackman is reviving plans for an initial public offering of his new closed-end fund, Abu Dhabi National Oil Company is inching closer to launching a takeover of plastics company Covestro, and private equity owners are exploring a $2 billion sale of financial software firm Trintech. Here, Law360 breaks down these and other notable deal rumors from the past week.
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August 29, 2024
Trade Court Wants More Info To Decide Generator's Duty Rate
A U.S. Court of International Trade judge won't yet resolve whether a Korean energy company could import the supermodule for its hydrogen fuel cell generator into the U.S. duty-free, saying he needs more information on the product.
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August 29, 2024
Agency Says Homeowner's Appeal Question Is Too Late
An insurance agency pushed North Carolina's Supreme Court to toss a homeowner's appeal on whether the court erred by having heightened pleadings standards for punitive damages against corporations, arguing the deadline for debating the issue had passed.
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August 29, 2024
Judge Asked To OK Settlement For Halliburton CERCLA Suit
Halliburton and more than 30 companies seeking to recover costs associated with the cleanup of long-accumulated contamination at a Superfund site have struck a settlement in California federal court in an attempt to bring to a close a decade of litigation.
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August 29, 2024
Nippon Pledges $1.3B For US Steel In Quest For US Approval
Nippon Steel Corp. has pledged to inject an additional $1.3 billion into United States Steel Corp. facilities as the Japanese company looks to get over the finish line with U.S. regulators on its controversial $14.9 billion merger proposal.
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August 29, 2024
Marathon Oil Stockholders Approve $23B ConocoPhillips Deal
Marathon Oil Corp. said Thursday it has received the necessary stockholder approval for its pending $22.5 billion merger with ConocoPhillips, as the companies race to get the deal done amid an ongoing U.S. regulatory review.
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August 29, 2024
IRS Corrects Partnership Conservation Easement Limit Rules
The Internal Revenue Service issued corrections Thursday to finalized rules that curb the conservation easement tax deduction claimed by certain partnerships under the Secure 2.0 Act.
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August 29, 2024
Kirkland Guiding Oneok On $5.9B Energy Infrastructure Deals
Kirkland & Ellis LLP is guiding Oneok Inc. on agreements to purchase Global Infrastructure Partners' interest in EnLink Midstream LLC for $3.3 billion, and GIP's interest in Medallion Midstream LLC for $2.6 billion, expanding Oneok's energy transport and storage capabilities in the Permian Basin and Gulf Coast, the company said in a statement Thursday.
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August 28, 2024
Utah Counties Tell Justices DC Circ. Took NEPA Too Far
A coalition of seven Utah counties called on the U.S. Supreme Court on Wednesday to upend a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah, arguing the ruling saddles the U.S. Surface Transportation Board with "endless make-work far outside its wheelhouse."
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August 28, 2024
6th Circ. Frees Mich. City, Mayor From Lead Pollution Suit
The Sixth Circuit on Wednesday tossed all but one remaining defendant from a proposed class action filed by residents of Benton Harbor, Michigan, over elevated lead levels found in the city's tap water, finding allegations that the mayor misled the public to be vague and conclusory.
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August 28, 2024
Red States Raise Alarm Over Methane Rule Retroactivity
Republican led-states and industry groups have called on a Tenth Circuit panel to reconsider its decision to vacate a district court ruling that partially invalidated an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, arguing it could lead to retroactive enforcement of the rule.
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August 28, 2024
9th Circ. Rejects Brady Violation Claim In CWA Conviction
The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.
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August 28, 2024
The Biggest Enviro Cases To Watch In 2024: Midyear Report
Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.
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August 28, 2024
Judge Stays Enbridge's Bid For Quick Win In Pipeline Fight
Enbridge Energy's bid for a quick win in its challenge to Michigan over the company's Line 5 pipeline must wait until Michigan officials' appeal of a ruling to the Sixth Circuit that seeks to overturn an immunity order is resolved, a federal district court judge said.
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August 28, 2024
DC Circ. Rejects Challenges To Nuke Waste Storage Site
A D.C. Circuit panel rejected a slew of challenges to federal regulators' approval of a temporary nuclear waste storage site in New Mexico, ruling that the U.S. Nuclear Regulatory Commission was right to include forward-looking terms about federally owned spent nuclear fuel in the license.
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August 27, 2024
Enbridge, Mich. Battle Over Immunity Order In Pipeline Fight
Enbridge Energy and Michigan are swapping barbs over whether a federal district court should defer a summary judgment ruling in favor of the company over its Line 5 pipeline or wait until the Sixth Circuit has decided the state's bid to overturn a decision that it's not immune from the litigation.
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August 27, 2024
Mich. Says Discovery Won't Save Dam Collapse Suits
The state of Michigan has urged a judge to cut off discovery and end litigation over flooding caused by the collapse of the Edenville Dam, arguing that continuing to exchange information would be fruitless because it's already clear that the state didn't cause the disaster.
Expert Analysis
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.