Environmental

  • August 27, 2024

    Polluted Conn. Property Owner's Fraud Suit Deemed Too Late

    The former owner of a contaminated Connecticut industrial property waited too long to sue the company that bought the site in 1999 on claims that the buyer fraudulently transferred funds to avoid paying for environmental cleanup, a state court judge has ruled.

  • August 27, 2024

    Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed

    The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.

  • August 27, 2024

    Split 5th Circ. Revives Tesla's Case Over La. Sales Ban

    A split Fifth Circuit panel revived Tesla's case accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, finding Tesla had done enough to survive dismissal by alleging a regulatory board that included competitors is biased against it.

  • August 27, 2024

    6th Circ. Upholds Diver's Sex Harassment Verdict

    The Sixth Circuit backed a jury's verdict in favor of a commercial diver who accused an environmental cleanup company of subjecting her to weeks of belittlement and harassment, finding she'd presented sufficient evidence demonstrating that supervisors and colleagues ostracized her because of her gender.

  • August 27, 2024

    Kirkland Adds Energy Regulatory Pro From Vinson & Elkins

    Kirkland & Ellis LLP has hired a corporate attorney who worked at Vinson & Elkins LLP for 16 years as a partner in its energy regulatory practice group.

  • August 26, 2024

    Army Corps Looks To Trim Claims In Alaskan Gold Mine Row

    The U.S. Army Corps of Engineers has told an Alaska federal judge that most of the claims asserted by a small village that's trying to thwart an open pit gold mine can't be supported and should be dismissed.

  • August 26, 2024

    Banks' $20M Platinum Traders Antitrust Deal Gets Initial OK

    A New York federal judge preliminarily approved Saturday a $20 million deal to resolve a nearly decade-old putative class action alleging Goldman Sachs, German industrial company BASF and two other banks fixed platinum and palladium prices.

  • August 26, 2024

    Tetra Tech Accuses Atty Of Mistreating Witness In FCA Row

    Tetra Tech EC Inc. claimed that an attorney representing a developer accusing it of fraud had mistreated a witness during a deposition hearing, pressing a California federal court to order the release of recordings capturing the alleged misconduct.

  • August 26, 2024

    Funds Say Norfolk Southern Can't Ditch Derailment Fraud Suit

    Pension funds have told a Georgia federal judge that they've laid out in exacting detail their allegations that Norfolk Southern eroded safety standards by embarking on risky cost-cutting moves and slashing its workforce, culminating in last year's fiery derailment in East Palestine, Ohio, and ultimately backfiring on investors.

  • August 26, 2024

    Ex-Braves Tell 11th Circ. Easement Appeal Not Premature

    A partnership created by former Atlanta Braves players urged the Eleventh Circuit to review its $47 million conservation easement lawsuit, saying the IRS' motion to dismiss the appeal for premature filing was a mere attempt to sow confusion in the proceedings.

  • August 26, 2024

    Tribal And Salmon Groups To Intervene In Alaska Mining Suit

    An Alaska federal court judge will let 23 tribal groups and wilderness organizations intervene in a lawsuit over a mining proposal for a stretch of pristine salmon habitat in the Bristol Bay area, but has laid out conditions to keep the case quickly moving forward.

  • August 26, 2024

    Gov't Looks To Limit Arguments In Rail Merger Appeal

    The federal government urged the D.C. Circuit not to let a coalition of Illinois towns challenging the approval of Canadian Pacific's $31 billion merger with Kansas City Southern incorporate arguments made by Chicago's commuter rail system before the system dropped out of the case.

  • August 26, 2024

    GOP Sens. Applaud Removal Of Undersea Cable Hurdles

    Two Republican senators are celebrating the National Oceanic and Atmospheric Administration's decision to press pause on requiring special permits for undersea cables to run through marine sanctuaries as a "major victory" after railing against red tape earlier this year.

  • August 26, 2024

    5th Circ. Holds Off On Gulf Fishery Council Rule Challenge

    The Fifth Circuit on Friday ordered a Mississippi federal judge to decide key issues that went unaddressed in his ruling upholding a fishing limit in the Gulf of Mexico, saying that new case law must be applied before it handles the appeal.

  • August 26, 2024

    Wild Ga. Horses Need Aid During Suit's Limbo, Advocates Say

    As a Georgia federal judge considers whether to scuttle a lawsuit alleging that a herd of feral horses on one of the state's coastal islands has been neglected and mistreated by federal authorities, the equine plaintiffs have asked the court to order the government to furnish them with emergency stores of food and drinking water.

  • August 26, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.

  • August 26, 2024

    Canada Planning 100% Surtax On Chinese EVs, 25% On Steel

    Canada plans to implement a 100% surtax on imported Chinese electric vehicles and a 25% surtax on Chinese steel and aluminum as part of a package intended to protect Canadian industry from unfair competition, the country's Department of Finance said Monday.

  • August 26, 2024

    Energy Cases To Watch In The 2nd Half Of 2024

    Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.

  • August 26, 2024

    Gov't Contracting Policies To Watch In The 2nd Half Of 2024

    An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year. Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors.

  • August 23, 2024

    Former Snyder Aide Says No Immunity For Flint Prosecutors

    A top aide to former Michigan Gov. Rick Snyder who had faced criminal charges for the Flint water crisis is fighting Michigan prosecutors' attempts to dodge a lawsuit claiming that they violated his due process rights.

  • August 23, 2024

    The Biggest Product Liability Cases Of 2024: A Midyear Report

    A U.S. Supreme Court ruling that formally ended judges' decades-long deference to federal agencies' understanding of the law, as well as multibillion-dollar settlements over so-called forever chemicals, made Law360's list of top product liability developments so far this year.

  • August 23, 2024

    The Biggest Energy Decisions In The First Half Of 2024

    From a D.C. Circuit decision upholding California's ability to set its own greenhouse gas standards for vehicles to the U.S. Supreme Court's freeze of the U.S. Environmental Protection Agency's plan to reduce cross-state pollution, consequential decisions in the energy space ripped through the courts in the first half of 2024.

  • August 23, 2024

    La. Judge Smashes EPA Civil Rights Regulations In State

    A Louisiana federal judge has granted the state's request for a permanent injunction blocking the U.S. Environmental Protection Agency from enforcing civil rights regulations in the state that involve disparate impact components.

  • August 23, 2024

    EPA Issues Guidance On Civil Rights Safeguards

    The U.S. Environmental Protection Agency has issued guidance to help its financial assistance recipients comply with civil rights laws and nondiscrimination regulations.

  • August 23, 2024

    Public Needs Full Record In Pebble Mine Row, Alaska Argues

    Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • 'Energy Communities' Update May Clarify Tax Credit Eligibility

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    A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

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