Environmental

  • March 26, 2024

    EPA Pressed On Cost, Strength Of Slaughterhouse Water Rule

    Meat and poultry industry groups and environmentalists are clashing over how strict the U.S. Environmental Protection Agency's water quality regulations for slaughtering, processing and rendering facilities should be, while local regulators urged a focus on feasibility.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    8th Circ. Urged To Freeze SEC Climate Rules Once More

    An energy company suing the U.S. Securities and Exchange Commission over its recently finalized climate disclosure rules urged the Eighth Circuit on Tuesday to stay the implementation of the rules, after a stay granted by the Fifth Circuit was recently lifted following the consolidation of various related lawsuits.

  • March 26, 2024

    Pennsylvania, Crypto Miner Sued Over Enviro Contamination

    A Pennsylvania environmental group sued the Keystone State and a crypto-mining company Tuesday in Philadelphia County Court accusing the state of failing to protect its residents from the company's purported six million tons of carbon dioxide emissions per year.

  • March 26, 2024

    Enviro Orgs Sue To Block Expansion Of NY's Biggest Landfill

    Environmental groups, businesses and residents are asking a New York state judge to order regulators to address noxious odors coming from a landfill near Seneca Falls and prevent regulators from approving a proposed expansion that would allow the state's largest landfill to operate beyond 2025.

  • March 26, 2024

    SPAC Investors Misled In $1.35B Stem Deal, Del. Suit Says

    A former stockholder of a blank-check company that merged with intelligent energy storage business Stem Inc. filed a proposed class action in Delaware's Court of Chancery Tuesday, alleging breaches of fiduciary duty and unjust enrichment in connection with the April 2021 merger.

  • March 26, 2024

    Conagra Can't Sink Sustainable Fishing False Ad Suit

    An Illinois federal judge trimmed but refused to toss a proposed class action claiming Conagra Brands Inc. deceptively labels its seafood products as sustainable when the fish is sourced with methods harmful to oceans, saying the customers have sufficiently alleged the phrase "Good for the Environment" is deceptive.

  • March 26, 2024

    Ski Resort Corp. Says Sheep Used As Pretext To Ruin Project

    Ski resort corporation The Vail Corp. told the Colorado Court of Appeals Monday to revive its workforce housing project after the town of Vail allegedly gave into local opposition against the project and used a local bighorn sheep herd as pretext to condemn the 23.3 acres of land that the ski resort corporation planned to use for the project.

  • March 26, 2024

    NY Urges 2nd Circ. To Deny Tribe's Eel Fishing Challenge

    The New York State Department of Environmental Conservation called on the Second Circuit to uphold a lower court's rejection of the Unkechaug Indian Nation's challenge to the agency's regulations on eel harvests, saying contrary to the tribe's arguments, they're not preempted by any federal treaty or statute.

  • March 26, 2024

    Fishers Say Tire Cos. Can't Escape Salmon ESA Suit

    Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.

  • March 26, 2024

    BP, Chevron And Others Hit With Climate Change Suit In Pa.

    Bucks County in Pennsylvania has sued BP, Chevron, ExxonMobil and other major oil companies for allegedly deceiving the public about the dangers of fossil fuel pollution, claiming that climate change has caused increasingly severe weather leading to property damage in the county.

  • March 26, 2024

    Boeing Can't Exit Wash. Worker's Birth Defect Suit

    A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.

  • March 26, 2024

    Biden Admin Greenlights 2nd Orsted NY Offshore Wind Farm

    The U.S. Department of the Interior on Tuesday approved the construction of Orsted-Eversource's Sunrise Wind project off the New York coast, the seventh offshore wind project given the go-ahead by the Biden administration.

  • March 26, 2024

    Greens Sue NRC Over Delayed Diablo Canyon Inspections

    The U.S. Nuclear Regulatory Commission violated federal law when it rejected community and environmental groups' request for a public hearing over allegedly outdated inspections at Diablo Canyon, California's last remaining nuclear power plant, the groups told the Ninth Circuit on Monday.

  • March 26, 2024

    Air Force Says Flight Training Isn't Affecting Enviros' Mission

    The U.S. Air Force told an Oregon federal court that environmental groups' challenge to expanded warfighter training is based on how the plan would impact local noise levels and animal habitats, and not how the plan was affecting them personally.

  • March 26, 2024

    US EV Subsidies Discriminatory, China Tells WTO

    Domestic production rules for U.S. electric vehicles to qualify for subsidies under the Inflation Reduction Act are discriminatory, the Chinese Ministry of Commerce said Tuesday, announcing it had filed a complaint with the World Trade Organization.

  • March 26, 2024

    K&L Gates Adds Ex-Suncor Atty To Energy Team In Seattle

    K&L Gates LLP has announced it is expanding its environment, land and natural resources practice capabilities in Seattle with the addition of a seasoned partner with two decades of diverse environmental policy experience including private practice, in-house and government work.

  • March 25, 2024

    4th Circ. Sides With Trump Jr. In Ex-Coal CEO's Libel Suit

    A Fourth Circuit panel on Monday upheld Donald Trump Jr.'s win against former coal company CEO and U.S. Senate candidate Don Blankenship's defamation suit, saying there's no evidence Trump Jr. acted with actual malice when he called Blankenship a "felon" — instead of a person convicted of a federal misdemeanor — on social media.

  • March 25, 2024

    Full 10th Circ. Stands By Revival Of Valero Pipeline Leak Suit

    The full Tenth Circuit refused to budge from a panel's February decision that partly revived an Oklahoma cattle ranch's lawsuit seeking to hold Valero Energy Corp. liable for a pipeline leak that allegedly contaminated the ranch property.

  • March 25, 2024

    Wild Horses Can't Drag Ga., Feds Into Enviro Suit, Judge Told

    U.S. and Georgia government officials have again asked a Peach State federal court to throw out claims they illegally neglected feral horses on Cumberland Island, arguing a revised lawsuit from conservation groups still can't show they are responsible for damage committed by the animals.

  • March 25, 2024

    NOAA Allots $60M To Help Columbia River Salmon

    The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.

  • March 25, 2024

    BLM Adhered To Law In Granting Oil Lease Sales, Judge Rules

    A D.C. federal judge has ruled in favor of the Bureau of Land Management in litigation brought by environmental groups seeking to challenge six oil and gas leases in the western United States, saying the agency did all that it was required to under the National Environmental Policy Act when it approved the lease sales.

  • March 25, 2024

    EPA Takes Heat Over Latest Renewable Fuel Regs

    The U.S. Environmental Protection Agency's latest renewable fuel blending requirements took a legal beating from all sides Friday, with refiners, biofuel producers and environmentalists urging the D.C. Circuit to send the agency back to the drawing board.

  • March 25, 2024

    High Court Won't Review Texas Oil Spill Liability Fight

    The U.S. Supreme Court on Monday refused to consider if a mixture of petroleum and chemicals is considered "oil" under federal oil spill law and rejected companies' attempt to revive their suit against a storage terminal operator for polluting the Houston Ship Channel.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • 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.

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