Environmental

  • April 19, 2024

    NY Nixes Power Deals With Trio Of Offshore Wind Projects

    New York officials on Friday said they wouldn't offer power contracts to a trio of offshore wind projects, the latest setback for the Empire State in efforts to make offshore wind a key component of its clean energy future.

  • April 19, 2024

    Biden Administration Sharply Limits Drilling In Alaska Arctic

    The Biden administration on Friday issued new restrictions on oil and gas leasing across vast swathes of Alaska's Arctic while simultaneously ruling out construction of a controversial road state officials proposed to access mining areas in sensitive wilderness.

  • April 19, 2024

    Pa. AG Charges Shell With Hiding Pipeline Pollution Spills

    Pennsylvania Attorney General Michelle Henry announced Friday that she has charged a Shell subsidiary in state court, saying the company did not tell the state's Department of Environmental Protection about pollution problems it encountered while building a 45-mile pipeline in the Keystone State.

  • April 19, 2024

    Fla. Solar Panel CEO Can Be Sued In Mich., Judge Says

    A Michigan federal judge ruled Thursday that a Florida resident and former CEO of a solar panel company must face racketeering claims in Michigan alongside the company for allegedly scamming customers because he used to own property in the state and lived there during the alleged scheme.

  • April 19, 2024

    Arnold & Porter Atty Returns To Greenberg Traurig In Calif.

    Greenberg Traurig LLP has rehired a former associate from Arnold & Porter Kaye Scholer LLP whose practice focuses on a range of environmental litigation dealing with cancer-causing chemicals, plastic pollutants and the laws surrounding their regulation.

  • April 19, 2024

    EPA Says 2 'Forever Chemicals' Are Hazardous Substances

    The U.S. Environmental Protection Agency on Friday officially declared two "forever chemicals" to be hazardous materials under federal law, which could bring a host of consequences for Superfund site cleanups and development projects.

  • April 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 18, 2024

    Nuke Power Plant Owner Says NY Can't Bar Water Discharges

    The owner of the shuttered Indian Point nuclear power plant sued the state of New York on Thursday, alleging a law banning discharges of radioactive materials into the Hudson River unlawfully infringes on the federal government's authority. 

  • April 18, 2024

    4th Circ. Vacates Enviro Win In Mining Co. Permit Ruling

    The special receiver for a defunct mining company can transfer mining permits for a site formerly owned by Patriot Coal Corp., the Fourth Circuit ruled, finding that a West Virginia federal judge interpreted a consent decree providing for mine shutdown and cleanup too broadly.

  • April 18, 2024

    Electronics Co. Says Insurer Cut $34.9M In Asbestos Coverage

    A Philadelphia electronics company that inherited asbestos liability from a company it acquired told a Pennsylvania federal court that an insurer is wrongfully preventing it from accessing over $34.9 million in coverage to deal with the claims.

  • April 18, 2024

    BLM Prioritizes Conservation On Federal Land In Final Rule

    The Biden administration finalized a rule Thursday that prioritizes the conservation of federal lands through new initiatives like leasing frameworks that center on restoration and mitigation.

  • April 18, 2024

    Enbridge Says Feds' Pipeline Brief Aids Michigan Case

    Enbridge Energy has said the U.S. government's recent brief to the Seventh Circuit in separate litigation over its Line 5 pipeline backs its challenge against Michigan over the state's attempts to shutter the project, arguing the federal government has a strong interest in ensuring that trade and diplomatic relations with Canada aren't affected.

  • April 18, 2024

    25 States Urge DC Circ. To Block EPA Auto Emissions Rules

    Twenty-five Republican-led states on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans through 2032.

  • April 18, 2024

    FERC To Reveal Final Grid-Planning Policy Revamp

    The Federal Energy Regulatory Commission on Thursday said it would unveil on May 13 the final version of its long-awaited overhaul of how major electric transmission projects are planned and paid for.

  • April 18, 2024

    Gulf Oil Terminal Sale Spurs Environmental Settlement Talks

    The recent sale of a Gulf Oil shoreline terminal in New Haven, Connecticut, is poised to advance settlement talks in an environmental lawsuit challenging the facility's preparedness for the alleged effects of global warming, according to a federal court hearing held Thursday.

  • April 18, 2024

    Pomerantz To Rep Investors In AT&T Lead Cable Class Action

    A New Jersey federal judge approved Pomerantz LLP as the lead counsel for a proposed investor class action alleging AT&T lied about its effort to be environmentally conscious while contributing to the installation of toxic lead cables, with the New York City Public Pension Funds serving as lead plaintiff.

  • April 18, 2024

    Admiral Balks At Covering Menendez Ally In Pollution Suit

    Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.

  • April 18, 2024

    Maui County Sued Over Wildfire Landfill Debris Storage

    Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.

  • April 18, 2024

    Coast Guard's Dredging Barge Approval Upheld At 5th Circ.

    The U.S. Coast Guard properly certified a dredging vessel with foreign-made components to work in the Houston Shipping Channel, according to a Fifth Circuit panel ruling that the maritime service deserved court deference to interpret its own regulations.

  • April 17, 2024

    Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed

    An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.

  • April 17, 2024

    PG&E Sued For $225 Million Dixie Fire Forest Damage

    Owners of the Collins Almanor Forest in Northern California have slapped PG&E with a complaint alleging that they incurred more than $225 million in damage after the Dixie Fire ripped through approximately 55,000 acres of their forest lands in July 2021. 

  • April 17, 2024

    Tribal Groups Say Final Fish Harvesting Rule Violates NEPA

    Two Alaskan tribal organizations are asking a federal court to vacate a final groundfish harvest rule for the Bering Sea and Aleutian Islands, arguing that it fails to account for the rapid and unprecedented shifts in their ecosystems caused by climate change over the past two decades.

  • April 17, 2024

    Ga. Jury Finds Supplier At Fault For Botched Herbicide Job

    An Atlanta federal jury on Wednesday found a company hired to thin out woods on a rural Georgia property and a subcontractor brought in to spray the property with herbicide were responsible for wrecking a developer's plans for turning the location into a quail hunting retreat. 

  • April 17, 2024

    Hawaii AG Releases Timeline Of Deadly Lahaina Wildfire

    Hawaii's attorney general on Wednesday released findings from the first report of a three-part investigation into how state and county governments responded to the wildfires that ignited on the island of Maui last year, decimating the historic town of Lahaina and leaving more than 100 people dead.

  • April 17, 2024

    Tesla Gets PTAB To Wipe Out Vehicle Charging Patent

    Tesla has persuaded the Patent Trial and Appeal Board to invalidate all claims of a Charge Fusion Technologies electrical charging patent, the latest development in a larger legal battle between the parties.

Expert Analysis

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • The Competing Goals Of Environmental And Bankruptcy Laws

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    Recent economic pressures combined with environmental liabilities have led to some of the largest bankruptcy filings in U.S. history, meaning debtors and creditors should be aware of the challenges, conflicts and uncertainties that arise at the intersection of these two legal fields, say Andrew Gallo and Duke McCall at Morgan Lewis.

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