Environmental

  • September 09, 2024

    Red States, Industry Look To Sink EPA Vehicle Emissions Rule

    The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.

  • September 09, 2024

    FERC Botched Tenn. Pipeline Approval, Enviro Orgs Tell DC Circ.

    The Federal Energy Regulatory Commission relied on a botched climate change analysis to unlawfully approve a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is set to replace a coal-fired plant, environmentalists told the D.C. Circuit.

  • September 09, 2024

    Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal

    Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.

  • September 09, 2024

    Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'

    A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.

  • September 09, 2024

    Five Point Energy Clinches 4th Fund With $1.4B In Tow

    Sustainable infrastructure-focused private equity shop Five Point Energy LLC on Monday announced that it clinched its fourth fund above target after securing $1.4 billion from investors.

  • September 09, 2024

    EPA Enforcement Alert Issued For Illegal HFC Imports

    The U.S. Environmental Protection Agency said it is cracking down on illegal imports of hydrofluorocarbons, potent greenhouse gases that are used in refrigeration and air-conditioning and slated to be phased down.

  • September 06, 2024

    Texas Biz Court Will Be A Brave New World For Energy Cos.

    Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.

  • September 06, 2024

    Ex-CEO Of Defunct Solar Co. Seeks Sanctions In Fraud Suit

    The former CEO of a bankrupt solar energy firm filed a motion for sanctions Friday in Michigan federal court, alleging the plaintiffs' counsel misrepresented the ex-CEO's inability to produce information during a discovery meeting regarding claims he defrauded customers by selling faulty solar systems.

  • September 06, 2024

    Arkema Calls Timing 'Suspect' In Bid To Lift NJ PFAS Suit Stay

    Chemical company Arkema Inc. is arguing that if rival Solvay is allowed to sue it, the litigation could upend an impending settlement worth up to $108 million it negotiated with the state of New Jersey that would end claims over "forever chemical" contamination at a facility both companies owned.

  • September 06, 2024

    2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit

    The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.

  • September 06, 2024

    EPA Updates Public Engagement Plan For 1st Time In 20 Years

    The U.S. Environmental Protection Agency is beefing up its public engagement policy to better communicate with community members, Native American tribes, businesses, trade groups and other parties with a stake in the EPA's programs and regulations.

  • September 06, 2024

    DuPont Spinoff Must Explain Record Policy For Missing Docs

    A discovery referee for North Carolina's Business Court is ordering a DuPont spin-off to share its document retention policy with the attorney general after dozens of boxes of information the state wanted for a lawsuit over PFAS pollution were not made available from storage facilities.

  • September 06, 2024

    Pa. Borough Says Insurer, Atty Wrongfully Settled Feud

    A Pennsylvania borough accused its insurer-retained counsel of committing legal malpractice by consummating a settlement acting against its wishes in an underlying "baseless" lawsuit brought by a borough council member, telling a state court that the attorney acted in the insurer's best interest.

  • September 06, 2024

    Texas Justices To Weigh In On Native American Park Dispute

    The Texas Supreme Court agreed Friday to answer a question from the Fifth Circuit about religious freedom under the Lone Star State's constitution to aid the federal appellate court in resolving a dispute between Native American church members and San Antonio over access to a local park.

  • September 06, 2024

    Atlanta Hit With Clean Water Suit Over Wastewater Discharge

    A conservation group sued Atlanta in Georgia federal court Friday, claiming the city failed to properly maintain its largest wastewater treatment plant, sending excessive pollution, including harmful bacteria, into the Chattahoochee River — a charge the city says it has corrected.

  • September 06, 2024

    Insurer Tries To Stop Asset Transfers In $2.6M Builder Lawsuit

    An insurance company has urged a Montana federal court to temporarily block a group of construction companies from transferring assets, alleging they owe more than $2.6 million in payments, claims and attorney fees related to projects in Montana and Wyoming.

  • September 06, 2024

    Enviro Groups Challenge FERC Approval Of La. LNG Terminal

    Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."

  • September 06, 2024

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

    This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.

  • September 06, 2024

    Renewable Energy Biz Goes Public Via $386M SPAC Merger

    Renewable energy company EEW Renewables Ltd., advised by Seward & Kissel LLP, on Friday announced plans to go public by merging with Ellenoff Grossman & Schole LLP-led special purpose acquisition company Compass Digital Acquisition Corp. in a deal with a pro forma combined enterprise value of $386 million.

  • September 06, 2024

    As Biden Looks To Block US Steel Deal, Rival Co. Weighs In

    Cleveland-Cliffs is lauding President Joe Biden's reported decision to block U.S. Steel's $14.9 billion planned merger with Nippon Steel and says it is ready to scoop up U.S. Steel's union assets, as the rival steelmaker weighed in on the matter following a flurry of quick developments this week indicating that the Nippon deal is all but dead.

  • September 06, 2024

    China Complains To WTO About Canada EV Surtaxes

    China is looking for the World Trade Organization to step in to address proposed Canadian surtaxes on imported Chinese electric vehicles, steel and aluminum, taxes that a spokesperson for China's Ministry of Commerce said Friday violate the organization's rules.

  • September 06, 2024

    EU Gears Up For New Commission With A Plea: More Women

    European Commission President Ursula von der Leyen is gearing up to distribute the top jobs in foreign trade, economics and antitrust among the new commissioners for their five-year mandate, but she is pressing countries in the bloc to nominate more female candidates.

  • September 06, 2024

    SEC Accuses Esmark Of Lying About US Steel Bid

    A failed bid to acquire U.S. Steel has landed Pittsburgh-based Esmark Inc. in hot water with the U.S. Securities and Exchange Commission, which announced Friday that it had fined the company and its founder for falsely claiming they had the money to buy the manufacturing giant.

  • September 05, 2024

    DOE Says Bonneville Power Lacks Proper Contract Oversight

    The U.S. Department of Energy's Office of Inspector General released a report to the public on Thursday identifying weaknesses in the Bonneville Power Administration's management of its Fish and Wildlife Program contracts, including instances where "invoice reviews lacked supporting documentation to justify the costs incurred."

  • September 05, 2024

    Wash. Justices Won't Take Up BNSF Water Reg Dispute

    Washington's highest court on Wednesday declined a request for review by BNSF Railway Co. and two Washington ports seeking to reverse a water quality watchdog's win in a dispute over the scope of state-issued industrial stormwater permit terms.

Expert Analysis

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • How Cos. Should Handle Research Org.'s Carcinogen Evals

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    In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.

  • Keeping Up With Carbon Capture Policy In The US And EU

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    Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.

  • New State Climate Liability Laws: What Companies Must Know

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    New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.

  • EU Investor-State Dispute Transparency Rules: Key Points

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    The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.

  • Despite Calif. Delays, Climate Disclosure Rules Are Coming

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    Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What Happens After Hawaii Kids' Historic Climate Deal

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    Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Series

    After Chevron: A Sea Change For Maritime Sector

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    The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Tips For Implementing EU Sustainability Reporting Guidance

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    Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.

  • Series

    After Chevron: Creating New Hurdles For ESG Rulemaking

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    The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.

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