Environmental

  • July 25, 2024

    Lawmakers Take Stab At Energy Permitting As Election Looms

    U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.

  • July 25, 2024

    Solvay Wants Arkema To Cover Some Of NJ PFAS Deal

    Solvay Specialty Polymers USA LLC said it plans to ask a New Jersey state judge to lift a 3-year-old stay so it can seek contributions from Arkema Inc. for the remediation of forever chemical pollution stemming from a West Deptford facility.

  • July 25, 2024

    California Disses Chamber's Climate Compliance Attack

    The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.

  • July 25, 2024

    1st Circ. Leery Of Fishing Industry Challenge To Wind Farm

    A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.

  • July 25, 2024

    Justices Urged To Hear Red State Bid To End Climate Torts

    Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.

  • July 25, 2024

    Alaska Sues To Block Federal Land Conservation Rule

    The state of Alaska is challenging a Bureau of Land Management rule that aims to conserve and protect public lands, saying the "vast majority" of the rule isn't allowed under state and federal law because of how it prioritizes "ecosystem resilience" over longtime policies.

  • July 25, 2024

    Calif. Appeals Court Revives Roadside Attraction Challenges

    A California state appeals court revived two suits targeting San Benito County approvals for a roadside attraction proposed to be built along Highway 101, holding that the Center for Biological Diversity and the Amah Mutsun Tribal Band filed timely challenges to the so-called Betabel Road project.

  • July 25, 2024

    Texas Can Pursue 'Invasion' Defense In River Barrier Row

    Texas can pursue an "invasion" defense in the Biden administration's suit over an anti-migrant barrier in the Rio Grande, a federal judge has ruled, saying the state could ultimately show migration at the southern border actually constitutes an invasion.

  • July 25, 2024

    EPA OIG Says Texas, Calif. Pollution Sources Need Oversight

    The U.S. Environmental Protection Agency has, since at least 2006, failed to keep tabs on air pollution sources in California and Texas that might require more stringent control measures, the EPA's internal watchdog said Wednesday.

  • July 25, 2024

    IRS, Zaxby's Co-Founder To Settle $43M Easement Suit

    The Internal Revenue Service agreed to settle a $43 million valuation dispute over a conservation easement donated by the co-founder of the Zaxby's restaurant chain and his wife, prompting a Georgia federal court Thursday to cancel next month's anticipated jury trial.

  • July 24, 2024

    FERC Can't Give Pipeline More Time, Green Groups Say

    Conservation groups are urging the D.C. Circuit to throw out a three-year deadline extension the Federal Energy Regulatory Commission granted for the completion of a southern extension of the controversial Mountain Valley pipeline.

  • July 24, 2024

    How Hinckley Allen Took On Rhode Island Beach-Access Law

    A Rhode Island judge this month sided with beachfront property owners, represented by Hinckley Allen & Snyder LLP, ruling that a 2023 law that shifts the public access line landward amounts to a taking.

  • July 24, 2024

    Exxon Loses Bid To Ditch Conn. Climate Change Fraud Suit

    Exxon Mobil Corp. cannot escape Connecticut's lawsuit accusing it of deceiving consumers about the negative impact of fossil fuels on the earth's climate, a state judge ruled Tuesday in rejecting the oil and gas giant's contention that it can't be sued in the Nutmeg State.

  • July 24, 2024

    Eggland's Best Accused Of Lying About Hens' 'Pleasant' Digs

    Egg brand Eggland's Best was hit with a lawsuit accusing it of misleading consumers by describing living conditions for certain laying hens as "pleasant" when in reality those chickens allegedly "live in typical factory farming conditions."

  • July 24, 2024

    Pfizer's Fuel Cells Can't Be Taxed, Conn. Justices Rule

    A fuel cell module that powers Pfizer Inc.'s research campus in Groton, Connecticut, is not subject to personal property taxes, the state's high court ruled Wednesday, upholding a lower court decision that allowed FuelCell Inc. to avoid several multimillion-dollar local tax assessments and penalties.

  • July 24, 2024

    Coal Ash Crusade An Ongoing Battle For The EPA

    The U.S. Environmental Protection Agency has put coal ash enforcement at the forefront of its agenda by making it one of the agency's top enforcement and compliance priorities for the next four years, but some experts say there's still work to be done given that the EPA itself has said the industry has yet to change its ways.

  • July 24, 2024

    Boulder Wants Suncor Back In Colorado Climate Suit

    The city of Boulder, Colorado, and Boulder County have asked a Colorado state judge to certify part of his judgment dismissing Canadian oil and gas company Suncor Energy from the municipalities' climate change lawsuit so they can appeal that decision and bring Suncor back in.

  • July 24, 2024

    Navajo Coal Co. Appeals FINRA Arbitration Order In $11M Fight

    A Navajo coal-mining company has wasted no time in appealing a Pennsylvania federal judge's order refusing to grant the tribe-owned business's bid to halt arbitration proceedings against a private equity firm in an $11 million dispute over their financing agreement.

  • July 24, 2024

    Liberty Mutual Gets $2.4M Oil Contamination Row Trimmed

    A New York federal judge trimmed a $2.4 million coverage dispute between Liberty Mutual and an oil and gas trader over losses related to a contaminated oil shipment, finding that although the trader met its burden to make a case for recovery, certain contaminated product was excluded from coverage.

  • July 24, 2024

    IRS Sets Criteria For Carbon Capture Credit Life Cycle Report

    The Internal Revenue Service detailed standards and procedures Wednesday for a written report on a carbon sequestration facility's greenhouse gas emissions that project owners must submit and get agency approval on before claiming the carbon oxide tax credit.

  • July 24, 2024

    Firm Says Water District Advice Was 'Black And White' Good

    A Houston law firm told a state judge Wednesday that its recommendation that a local water district turn down a more than $1 million deal to get rid of hundreds of acres within its boundaries was "black and white" good advice as it fought off a malpractice suit the district lodged against the firm.

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.

  • July 24, 2024

    EPA Moving Toward New Regulations For 5 Chemicals

    The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.

  • July 23, 2024

    Knives Out For Another Pro-Agency Landmark After Chevron

    Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.

  • July 23, 2024

    EPA Must Ban PFAS In Pesticides, Environmental Groups Say

    Farmer advocacy groups and environmentalists urged the U.S. Environmental Protection Agency to flex its regulatory muscles and prohibit the use of pesticide formulas and containers made with so-called forever chemicals, according to a petition that says the agency is doing little to address the issue.

Expert Analysis

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Proposed Hydrogen Tax Credit Regs May Be Legally Flawed

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    While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

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