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Environmental
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March 11, 2024
Biden DOT Budget Targets Aviation Safety, Private Jet Use
The Biden administration is seeking to impose new fees on private jet users, boost aviation industry hiring and accelerate transit, highway and other infrastructure projects under a $109.3 billion budget request for the U.S. Department of Transportation that the White House unveiled Monday.
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March 11, 2024
Corps Says Groups Can't Show Dredging Permit Was Flawed
The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.
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March 11, 2024
Kirkland, Latham Guide $35B EQT-Equitrans Gas Merger
Kirkland & Ellis LLP-guided EQT Corp. and Latham & Watkins LLP-backed Equitrans Midstream Corp. said Monday they have agreed to merge, creating a $35 billion natural gas giant that will be "well positioned to be a globally competitive American energy leader."
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March 08, 2024
Biden Administration Must Use Border Wall Funds, For Now
A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.
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March 08, 2024
Inside The Climactic Clash Over Skyrocketing MDL Caseloads
A seven-year showdown over the nation's swelling docket of ultra-high-stakes consumer suits is hurtling toward its moment of truth, as a judicial oversight panel weighs impassioned input from big-name attorneys and judges endorsing everything from sweeping overhauls to the tiniest of tweaks.
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March 08, 2024
La. Judge Won't Halt Clean Water Rule Favoring States, Tribes
A Louisiana federal judge has rejected red states' and industry groups' effort to block the U.S. Environmental Protection Agency's new clean water rule that broadens states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.
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March 08, 2024
SEC's Climate Regs Face Multipronged Courtroom Attack
The future of the U.S. Securities and Exchange Commission's long-awaited corporate climate disclosure regulations is up in the air as the agency stares down lawsuits challenging its authority to promulgate the rules, with even more parties threatening to force the agency to defend its decision in court for years.
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March 08, 2024
Feds Win Houseboat Obstruction Suit Against Fla. Man
The federal government scored a win in Florida federal court in its suit alleging former financial trader and self-described activist Fane Lozman's "floating home" is a structure that obstructs a navigable waterway, with the judge finding there is no genuine dispute that Lozman violated the Rivers and Harbors Appropriation Act.
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March 08, 2024
Feds, Tribes Say Marine Cos., DOT Polluted Duwamish River
Two companies and Washington's transportation department would collectively pay about $275,000 to settle claims they polluted the Lower Duwamish River and Elliott Bay in Seattle under a proposed consent decree filed by the U.S. government, the Suquamish Indian Tribe of the Port Madison Reservation, the Muckleshoot Indian Tribe and Washington state.
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March 08, 2024
Debt-Stricken Homeowners Fight Back After High Court Ruling
Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.
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March 08, 2024
Green Groups Want Fla. CWA Permitting Back With Feds
Conservation groups that successfully challenged the U.S. government's approval of Florida's Clean Water Act permitting program have told a federal judge that the Sunshine State's bid to retain some permitting authority in the meantime would only cause confusion and fail to safeguard endangered species.
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March 08, 2024
Calif. County Hasn't Fixed Oil Permitting Rules, Court Says
A California appeals court again nixed a Kern County, California, ordinance that paves the way for faster oil and gas development in the area, saying the court-ordered, revised policy still doesn't comply with the state's bedrock environmental law.
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March 08, 2024
Texas Challenges EPA Methane Rule 'Overreach'
Texas on Friday sued the U.S. Environmental Protection Agency over sweeping methane emissions control requirements for oil and gas infrastructure that include the first-ever requirements for existing sources.
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March 08, 2024
NJ Residents Can Intervene in Verizon Cell Tower Suit
A federal judge is giving Belmar, New Jersey, residents the green light to intervene on the side of Monmouth County as it defends against a Verizon suit over blocked small cell towers.
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March 08, 2024
Pa. County Agrees To Update Air Pollution Permits
The Allegheny County Health Department will move ahead on issuing updated air pollution permits for two Pittsburgh-area chemical plants, settling a lawsuit brought by an environmental group that claimed the county's missed deadlines hamstrung citizen engagement and enforcement efforts.
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March 08, 2024
Mich. Justices Punt On Time Limits For Ballot Petition Drives
The Michigan Supreme Court on Friday rejected an appeal from fracking opponents whose proposed ban didn't make the ballot because many gathered signatures were too old, though one justice said the court should have ruled on whether those time limits pass muster.
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March 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.
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March 08, 2024
Direct Pay Regs Would Lift Major Barrier For Energy Projects
A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements.
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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Xcel Energy Says It May Be To Blame For Texas Wildfire
Xcel Energy Inc. said Thursday that its facilities may have been involved in igniting one of the massive wildfires ravaging the Texas Panhandle, though it said it disputes the notion that it was negligent in maintaining and operating its infrastructure.
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March 07, 2024
DC Circ. Mulls Groundwater In Coal Ash Closure Fight
A D.C. Circuit panel on Thursday seemed wary of an energy industry coalition's claim that the U.S. Environmental Protection Agency illegally strengthened regulations to clean up coal ash waste impoundments by stretching regulatory definitions to cover facilities in contact with groundwater.
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March 07, 2024
Wells Fargo, Goldman Escape Some Climate Proxy Proposals
The Goldman Sachs Group Inc. and Wells Fargo & Co. may exclude from their upcoming proxy statements shareholder proposals calling for reports on their clients' climate change commitments, according to the U.S. Securities and Exchange staff, which also wouldn't let Wells Fargo or Texas Instruments Inc. escape including separate labor and human rights-related proposals.
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March 07, 2024
Energy Cos. Still Have Work To Do In Final SEC Climate Rule
The U.S. Securities and Exchange Commission's scaled-back climate change disclosure rule unquestionably lightens the compliance load for energy companies, but they still have plenty of work to satisfy the agency's requirements, attorneys say.
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March 07, 2024
Feds Look To Douse $48M Washington Ranch Wildfire Claim
The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.
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March 07, 2024
Green Groups Try To Protect Wildlife Refuge From Power Line
Three environmental groups have accused the federal government of unlawfully allowing private developers to run a massive high-voltage transmission line through the protected Upper Mississippi River National Wildlife and Fish Refuge, in violation of the 1997 National Wildlife Refuge System Improvement Act.
Expert Analysis
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
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Proxy Season Takeaways Indicate ESG Initiative Shifts
While proxy season takeaways from 2023 may seem to indicate a move away from environmental, social and corporate governance initiatives, the numbers also reflect shifts in the types of proposals being submitted, their proponents, voting patterns and broader investor sentiment, says Leah Malone at Simpson Thacher.
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7 Ways Telco Operators Can Approach Lead Cable Claims
A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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UN Climate Summit: What To Watch For In Dubai
The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.
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Opinion
Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role
Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.
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Navigating PFAS Compliance With FDA, Emerging State Laws
As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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What New EPA Enforcement Initiatives Mean For Industry
With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.
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Bat's Newly Endangered Status Likely To Slow Development
A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.
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Corporate Compliance Lessons From FirstEnergy Scandal
Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.