Environmental

  • May 07, 2024

    Colo. House OKs Conservation Easement Tax Break Extension

    Colorado would extend its conservation easement tax credit through 2031 and raise its statewide annual cap on available credits under legislation approved Tuesday by the state House of Representatives.

  • May 07, 2024

    Georgia Wants Green Groups' Feral Horses Suit Tossed

    The state of Georgia on Monday urged a federal judge to throw out a lawsuit brought by conservation groups who want state and federal authorities to remove feral horses they say are running rampant and endangering wildlife on Cumberland Island.

  • May 07, 2024

    Shell Violated Order By Refusing Docs, Enviro Group Says

    Shell Oil Co. violated a federal court order and civil procedure rules by raising "artificially restrictive and hypertechnical interpretations" of discovery demands in a Conservation Law Foundation Inc. lawsuit over the petroleum producer's preparedness for floods, the environmental watchdog group has told a Connecticut judge.

  • May 07, 2024

    Faegre Drinker Adds Business, Environmental Litigators In Pa.

    Faegre Drinker Biddle & Reath LLP expanded its Philadelphia office this week with the addition of two partners whose practices specialize in commercial and securities litigation and environmental law.

  • May 07, 2024

    Energy Dept. Says Red States Can't Block LNG Export Pause

    The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.

  • May 07, 2024

    DC Circ. Boots Retired EPA Director's Age Bias Suit

    The D.C. Circuit declined Tuesday to revive a suit from a retired U.S. Environmental Protection Agency director who said she was pushed into a junior role to make way for younger workers, finding she couldn't pursue the case because she didn't lose benefits or pay.

  • May 06, 2024

    New EPA Policy Could Increase Criminal Enforcement

    The U.S. Environmental Protection Agency has rolled out a new policy intended to foster communication and coordination between its civil and criminal enforcement offices, a move experts say could result in an increase in criminal investigations and cases.

  • May 06, 2024

    US Thrashes Mexico's 'Inaccurate' Portrayal Of GMO Corn

    The United States has responded to Mexico's ban on imports of genetically modified corn, calling its portrayal of the risks of such crops an unscientific and "inaccurate" description as well as a violation of the United States-Mexico-Canada Agreement.

  • May 06, 2024

    Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling

    Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.

  • May 06, 2024

    Cabot Settles Investor Suit Over Groundwater Pollution Claims

    Cabot Oil & Gas Corp. and a class of investors have reached a settlement resolving allegations the company misrepresented its environmental regulatory compliance before faulty gas wells polluted Pennsylvania's water supplies.

  • May 06, 2024

    EPA Finalizes Methane Reporting Regs For Oil And Gas Cos.

    The U.S. Environmental Protection Agency on Monday finalized revisions of its Greenhouse Gas Reporting Program regulations for the oil and gas sector, the latest step taken by the Biden administration to clamp down on methane emissions from the industry.

  • May 06, 2024

    Catching Up With Delaware's Chancery Court

    A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.

  • May 06, 2024

    Feds Agree To Terminate Pipeline's Right-Of-Way Permit

    A New York federal judge has paused litigation between the Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service for 75 days while the agency terminates a right-of-way permit for a wastewater pipeline, saying it is "in the interest of judicial economy" and recognizing the tribe's concerns.

  • May 06, 2024

    AIG Unit Will Arbitrate $20M Botched Tunnel Project Claims

    An AIG unit agreed to go to arbitration with a Michigan county's water resources agency and sewage disposal system over their claims they incurred more than $20 million in damages due to a design contractor's faulty work on a tunnel project.

  • May 06, 2024

    Texas Says EPA Methane Rule Would Burden Regulators

    The Texas Commission on Environmental Quality's director of the Office of Air told the D.C. Circuit that the U.S. Environmental Protection Agency has grossly underestimated the cost of complying with its expanded methane emissions control requirements, and should therefore pause the rule's implementation.

  • May 06, 2024

    3 Firms Build $6.2B Take-Private Sale Of Allete Energy Biz

    A consortium of buyers led by the Canada Pension Plan Investment Board and Global Infrastructure Partners unveiled plans Monday to buy and take private Minnesota-based energy company Allete Inc., in a $6.2 billion deal put together by at least three firms.

  • May 06, 2024

    Battery Startup Ambri Hits Ch. 11 With Lender Sale Plans

    Massachusetts battery developer Ambri Inc. filed for Chapter 11 protection in Delaware with over $50 million in liabilities and a credit bid stalking horse offer from a group of secured noteholders after fundraising efforts last year fell short.

  • May 03, 2024

    9th Circ. Orders 2nd Look At Stay In PG&E Wildfire Suit

    The Ninth Circuit on Friday told a lower court to reconsider its order staying claims PG&E investors brought against officers, directors and others over wildfire liability, saying more factors should have been considered before the stay was granted.

  • May 03, 2024

    Navajo Ask Biden To Stop Uranium Movement On Tribal Lands

    The Navajo Nation's government leaders are calling on President Joe Biden to halt the transport of uranium ore across the tribe's reservation lands, arguing that the practice disregards its laws and threatens its territorial integrity and sovereignty.

  • May 03, 2024

    Nikola Ends Board Takeover Suit As Ex-CEO's Noms Withdraw

    An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.

  • May 03, 2024

    Fed Bill Will Give Ga. Its First Nat'l Park, Protect Burial Lands

    Georgia congressional lawmakers have introduced bipartisan legislation that would establish the Peach State's first national park, upgrading the site from its national monument status while also offering protections for more Native American burial mounds.

  • May 03, 2024

    Fla. Business Groups Line Up Behind State In CWA Permit War

    A coalition of national companies and Florida-based business groups is weighing in on behalf of the state in its battle to convince the D.C. Circuit to stay a lower court's ruling that stripped it of the authority to administer a Clean Water Act program.

  • May 03, 2024

    Honolulu Asks Justices To Affirm State Court Climate Case

    Honolulu on Wednesday asked the U.S. Supreme Court to reject fossil fuel companies' bid to put an end to its lawsuit alleging they knew for decades about the negative impacts of their products on climate change but concealed the information.

  • May 03, 2024

    EU OKs Nippon-US Steel Deal As DOJ Causes Delayed Close

    The European Commission on Friday indicated via an annotation on its merger review page that it has given Nippon Steel's controversial $14.9 billion acquisition of U.S. Steel its unconditional approval, a move that comes just a day after the parties announced the deal would be delayed due to further scrutiny from the U.S. Department of Justice.

  • May 03, 2024

    DC Circ. Backs Feds' Puerto Rico Port Expansion Project

    The D.C. Circuit on Friday upheld the federal government's plans to broaden shipping lanes at Puerto Rico's largest port, rejecting arguments from a trio of environmental groups who accused the U.S. Army Corps of Engineers of failing to take the requisite hard look at the dredging project's environmental risks.

Expert Analysis

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • 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.

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