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Environmental
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June 04, 2024
GOP Spending Bill Aims To Cut SEC Budget, Nix Climate Rule
The Republican-led House Appropriations Committee released a spending bill Tuesday that threatens to cut funding for financial service agencies and prevent the U.S. Securities and Exchange Commission from funding its controversial climate disclosure rules and bar Consumer Financial Protection Bureau spending on a contentious rule, as well.
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June 04, 2024
Monsanto Gets $2.25B Roundup Verdict Slashed To $404M
A Pennsylvania judge on Tuesday slashed a $2.25 billion verdict awarded to a cancer patient who claimed Monsanto's glyphosate-based weedkiller Roundup contributed to his lymphoma, reducing the jury's 10-figure damages award to $404 million after the Bayer AG subsidiary argued that the initial award was "unconstitutionally excessive."
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June 04, 2024
Bill Would Give Tribes Stronger Say In Forest Protection
U.S. Sen. Lisa Murkowski has introduced legislation that would correct oversights and expand the language of the Tribal Forest Protection Act, arguing that the law has proved too restrictive for Indigenous communities and prevented Alaskan Native corporations from participating in its programs entirely.
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June 04, 2024
Wildfire Attys Descend On Colo. As Xcel Litigation Ramps Up
Hundreds of lawsuits seeking to hold Xcel Energy responsible for a devastating 2021 Colorado wildfire are just the latest battleground for a relatively small community of lawyers who have been involved in some of the biggest catastrophic fire suits in the western U.S.
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June 04, 2024
Red States Target EPA's Tribal Water Rights Rule
A group of red states has told a federal court that the U.S. Environmental Protection Agency has turned the Clean Water Act into what they derisively called the "Tribal Rights Act," through a rule that protects Native American rights to water resources.
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June 04, 2024
Biden Admin Looks To Take Down Ariz. Monument Lawsuits
The Biden administration is asking a federal district court to dismiss lawsuits by the Arizona Legislature and a rancher that look to undo the national monument designation of an Indigenous site in the Grand Canyon region, arguing the lawmakers lack standing to challenge the Antiquities Act as unconstitutional.
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June 04, 2024
Senate Energy Panel Advances Trio Of FERC Nominees
A U.S. Senate energy panel on Tuesday advanced a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, with the panel's chairman hinting that new energy infrastructure permitting legislation is also on the horizon.
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June 04, 2024
Bracewell Adds Energy Pro From Dentons In DC
Even before becoming an attorney and government affairs professional specializing in the energy and environmental sectors, Andrew Shaw was interested in environmental issues.
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June 04, 2024
Research Co. Pays Record $35M Fine In Dog Abuse Case
A clinical research company has agreed to pay a record $35 million fine for violations of the Animal Welfare Act as part of a deal to resolve criminal charges stemming from the abuse of beagles that it bred for medical research.
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June 04, 2024
11th Circ. Affirms Nix Of IRS Easement Disclosure Guidance
The Eleventh Circuit affirmed Tuesday that an Internal Revenue Service notice imposing reporting requirements on potentially abusive conservation easements was invalid because the agency failed to solicit the public feedback required by administrative law.
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June 03, 2024
PacifiCorp To Pay $178M To 400 Oregonians Over Fires
PacifiCorp has agreed to pay $178 million to more than 400 Oregon residents affected by a cluster of wildfires that burned more than a million acres of land on Labor Day 2020 amid dangerously dry and windy weather conditions, the utility announced Monday.
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June 03, 2024
ChampionX Investor Sues Over $7.8B Deal Proxy
A shareholder of energy technology provider ChampionX Corp. has sued the company and its board of directors in an attempt to enjoin a proposed acquisition by another energy-focused technology company, SLB, alleging that ChampionX filed a deficient proxy statement.
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June 03, 2024
Green Groups Drop Their Challenge To SEC's Climate Rule
The Natural Resources Defense Council and the Sierra Club have voluntarily asked the Eighth Circuit to dismiss their challenges to the U.S. Securities and Exchange Commission's climate disclosure rule, saying they are instead focusing their resources elsewhere.
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June 03, 2024
Fifth Third Bank Sued Over 'Hidden' Cost Of Solar Panel Loans
Fifth Third Bank faces a proposed class action alleging that its solar panel financing business violated the federal Truth in Lending Act by failing to disclose that it keeps a significant portion of the cost of certain solar panel system purchases while telling consumers it was lending to them at a low interest rate.
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June 03, 2024
Enviro Groups Ask 9th Circ. To Affirm Blocked Logging Plan
Several environmental groups have urged the Ninth Circuit to uphold a Montana federal judge's decision halting a large logging operation in the Kootenai National Forest over concerns about the project's effect on grizzly bears and old-growth trees.
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June 03, 2024
Vietnamese EV Co. Hit With Investor Suit Over SPAC Merger
Vietnamese electric car manufacturer VinFast Auto and several executives have been hit with a proposed class action alleging they exaggerated the strength of VinFast's business model and prospects following a merger with a special-purpose acquisition company last year.
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June 03, 2024
Exxon Fights Activist Investor's 'Toothless' Dismissal Bid
Exxon Mobil Corp. is not backing away from a Texas lawsuit accusing investment adviser Arjuna Capital of improperly meddling in its business affairs by backing a proposal to reduce the company's greenhouse gas emissions, calling promises not to resubmit similar proposals in the future "toothless" in the wake of activist shareholder pressure to change the company's climate policy.
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June 03, 2024
Mich. Asks 6th Circ. To Keep Airport PFAS Suit In State Court
Michigan's Department of Environment, Great Lakes and Energy and the state attorney general are asking the Sixth Circuit to keep the department's suit against Gerald R. Ford International Airport Authority over so-called forever chemicals in state court, saying the Airport Authority is not entitled to removal as a "federal officer."
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June 03, 2024
Feds Oppose Fla.'s Plea For Rushed CWA Appeal
The federal government on Monday told the D.C. Circuit it needs more time to decide whether it is going to appeal a lower court's decision to strip Florida of the power to administer a Clean Water Act permitting program.
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June 03, 2024
Eversource 'Shamelessly' Touts Dangerous Fuel, Suit Says
Eversource Energy promotes natural gas as a safe, clean energy source when it knows otherwise and engages in "greenwashing" that minimizes its impact on the environment, according to a proposed class action filed in state court on behalf of Massachusetts residents serviced by the utility.
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June 03, 2024
Denver Oil Refinery Air Permit Is Valid, EPA Tells 10th Circ.
The U.S. Environmental Protection Agency defended its refusal to object to the renewal of a Denver oil refinery's air pollution permit, telling the Tenth Circuit that the Center for Biological Diversity failed to show the permit would allow the refinery to emit harmful amounts of nitrogen oxides and sulfur dioxide.
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June 03, 2024
PPG Blames Enviro Groups For Pa. Site Cleanup Delay
PPG Industries told a Pennsylvania federal judge Monday that the company shouldn't be fined for delaying its cleanup of an industrial waste site outside Pittsburgh because it was ready to start work in the 1990s but was slowed by infeasible demands from state regulators and environmental groups.
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June 03, 2024
FERC Tells Justices Not To Review Rule Passed By Deadlock
The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.
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June 03, 2024
States Say Biden Admin's LNG Export Pause Is Actually A Ban
A coalition of Republican-led states is urging a Louisiana federal court not to toss its lawsuit challenging the Biden administration's pause on reviewing applications to export liquefied natural gas to countries without free trade agreements, saying the pause effectively amounts to a ban because no timeline is provided.
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June 03, 2024
3 Firms Rep As Waste Management Inks $7.2B Stericycle Buy
Waste Management Inc. has agreed to buy medical waste company Stericycle at an enterprise value of about $7.2 billion, inclusive of approximately $1.4 billion of debt, the companies said in a statement Monday.
Expert Analysis
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Contract Disputes Recap: Saying What Needs To Be Said
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.