Environmental

April 26, 2024
Texas Must Face Feds' Suit Over Anti-Migrant Buoy Barrier

A Texas federal judge will allow the Biden administration's lawsuit to proceed over Texas' 1,000-foot barrier in the Rio Grande to keep out migrants, ruling Friday that the administration had plausibly alleged its domain over structures in navigable waters.
April 25, 2024
Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility

The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.
April 25, 2024
Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling

Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.
April 25, 2024
Gov't To Use Tribal Energy Purchase Preference For First Time

The Biden administration announced Thursday that it intends to purchase thousands of megawatts of carbon-pollution-free electricity certificates from tribal sources, marking the first time the government will use a nearly two-decade-old procurement preference for tribally sourced energy.
April 25, 2024
Biden Admin's Gas Venting Curbs Are Illegal, ND Says

A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court.
April 25, 2024
Colo. Regulators Say Past Suncor Spills Forced New Permit

Colorado water quality regulators on Thursday urged a state judge not to pause the effects of a renewed water discharge permit that Suncor Energy is challenging as arbitrary and unduly expensive, arguing the new requirements in the updated permit are the company's own fault.
April 25, 2024
FERC Says National Grid Held Up To Winter Weather

The Federal Energy Regulatory Commission revealed during its monthly meeting Thursday that the nation's electric grid and natural gas systems largely operated without any major incidents when severe winter weather swept across the country in January, marking a stark improvement from previous winter storms.
April 25, 2024
1st Circ. Tosses Second Vineyard Wind Challenge

The First Circuit on Thursday rejected a legal challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, the second such ruling in as many days.
April 25, 2024
Tribes, Enviros Want A Say In Grand Canyon Monument Suits

Three Native American tribes and a slew of conservation groups are asking an Arizona federal district court to intervene in separate lawsuits, seeking to protect an Indigenous sacred site in the Grand Canyon region from losing its National Monument designation.
April 25, 2024
Feds' Pacific Sardine Management Plan Lacking, Judge Says

The government's plan to protect Pacific sardines, an important food source for many marine species, fell short in a number of ways, including by failing to prevent overfishing, a California federal judge has ruled.
April 25, 2024
BlackRock, Temasek Joint Venture Closes $1.4B Climate Fund

Decarbonization Partners, a joint venture between private equity giant BlackRock and investment firm Temasek, on Thursday announced that it closed its inaugural late-stage venture capital and growth private equity fund after securing $1.4 billion in commitments.
April 25, 2024
Biden Permitting Reform To Fast-Track Power Line Approvals

Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.
April 25, 2024
OECD Says Latvia Must Shift Tax Burden, Limit Fuel Subsidies

Latvia needs to shift its tax burden off labor and onto other forms of income such as property, and to eliminate harmful subsidies and tax practices around fossil fuels, the Organization for Economic Cooperation and Development said Thursday.
April 25, 2024
Valero Seeks $75M In Tax Refunds For Fuel Mixtures

Energy company Valero asked a Texas federal court for $75 million in excise tax refunds, claiming the Internal Revenue Service failed to recognize that its production of specific fuels such as butane blends and biomass derivatives qualified for the alternative fuel mixture credit.
April 25, 2024
3 Things Attys Should Know About Pa.'s $48B Spending Plan

Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.
April 25, 2024
Treasury Finalizes Rules On Sales Of Green Energy Credits

The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.
April 25, 2024
EPA Unveils Final Power Plant Rules, Prepares For Challenges

The U.S. Environmental Protection Agency on Thursday finalized four new rules that will impose tougher standards on greenhouse gas and mercury emissions from power plants, wastewater discharged from those facilities, and the storage and management of coal ash.
April 24, 2024
Energy Charter Treaty Backlash Hints At Broader Arbitration Woes

Lawmakers in Europe on Wednesday overwhelmingly consented to the European Union's withdrawal from the Energy Charter Treaty, adding to an increasing global backlash against investor-state arbitration that was also laid bare in a vote by Ecuadorians decisively rejecting the mechanism this past weekend.
April 24, 2024
3M And Ga. Utility Say $850M PFAS Cleanup Plan A No-Go

3M, a Georgia utilities provider and carpet and chemical manufacturers told a Georgia federal judge Wednesday they shouldn't have to face an $850 million remediation plan to clean up alleged waterway contamination from forever chemicals.
April 24, 2024
1st Circ. Upholds Feds' Vineyard Wind Project Approval

The First Circuit on Wednesday affirmed a lower court ruling rejecting Massachusetts residents' challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, saying federal regulators adequately analyzed the projects' effects on right whales.
April 24, 2024
Feds Plan 12 Offshore Wind Lease Sales Through 2028

U.S. Secretary of the Interior Deb Haaland said Wednesday the government will hold up to 12 offshore wind energy lease sales over the next five years now that updated regulations for renewable energy development on the Outer Continental Shelf have become final.
April 24, 2024
Map Co. Objects To Recommendation Of Tossing IP Case

A mapping company has taken issue with a recommendation by a federal magistrate judge in New York that its copyright infringement lawsuit against environmental risk assessment data company ERIS Information should be tossed.
April 24, 2024
US Solar Cos. Call For Duties On Cells From Southeast Asia

Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.
April 24, 2024
Dow Loses Bid To Keep NJ Toxic Water Row In Federal Court

A New Jersey federal judge on Tuesday remanded to state court the attorney general's lawsuit accusing Dow Chemical Co. and other companies of hiding the danger of 1,4-dioxane, a likely cancer-causing compound, and causing "pervasive and widespread" groundwater pollution.
April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker

The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.

Expert Analysis

5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
10 Issues To Watch As ESG Remains Alive And Well In 2024

Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
Top 10 Employer Resolutions For 2024

From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Analyzing 1 Year Of Comments On FTC's Green Guides

A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
The Key Laws Retailers Should Pay Attention To In 2024

2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
Opinion

Animal Rights Are About Saving Nature, And Our Own Future

The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Clean Water Act Jurisdiction Still Murky After A Choppy 2023

This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.