Environmental

  • May 08, 2024

    A Foley Hoag Co-Chair Joins Litigation Firm As Name Partner

    Litigation and dispute resolution firm Elliott Kwok Levine & Jaroslaw LLP will operate under a new name after welcoming as its newest name partner a former federal prosecutor who most recently co-chaired Foley Hoag LLP's white-collar crime and government investigations practice.

  • May 08, 2024

    DOE Unveils Preliminary National Transmission Corridors List

    The U.S. Department of Energy unveiled Wednesday a preliminary list of 10 national interest electric transmission corridors as part of its plan to accelerate the development of transmission projects in areas with urgent need for expanded capacity.

  • May 07, 2024

    Climate Cases Haven't Hurt Oil, Gas Credit Quality, S&P Says

    Climate change litigation has skyrocketed over the past 10 years, increasing climate litigation risk, but the credit quality of the oil and gas sector has remained unaffected, S&P Global Ratings concluded in a report published Tuesday.

  • May 07, 2024

    Forest Service Says Court Should Fell Logging Climate Suit

    The U.S. Forest Service on Monday urged a D.C. federal district court to toss most of a lawsuit filed by environmental groups that alleges the agency failed to assess the impact of logging projects on carbon storage and emissions.

  • May 07, 2024

    DOI Gives States And Tribes $148M For Drought Resiliency

    The U.S. Department of the Interior has said it has invested nearly $148 million to help states and Native American tribes prepare for water reliability challenges due to drought and other scarcity concerns, saying the money will go to 42 projects in 10 states.

  • May 07, 2024

    Venable Trade Co-Chair Shares Hot Takes On US Steel-Nippon

    Back in December, Venable LLP partner Ashley Craig, co-chair of the firm's international trade group, spoke with Law360 just after U.S. Steel disclosed its agreement to be sold to Nippon Steel. Now, he shares his thoughts on the latest developments, including the White House coming out forcefully against the deal and the U.S. Department of Justice launching a probe into it.

  • May 07, 2024

    PolyMet Land Swap Discovery Order Paused, For Now

    PolyMet Mining doesn't have to produce information it had previously withheld in a Minnesota tribe's challenge to undo a land swap, a federal district court determined after the company asked for emergency relief to avoid any potential harm it said could come from wrongfully disclosing privileged documentation.

  • May 07, 2024

    Contract's 1-Year Limit Doesn't Block NC Mold Claims

    A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

  • 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.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

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