Environmental

  • 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.

  • April 24, 2024

    9th Circ. Backs Limits On Montana Wolf Trapping

    A split Ninth Circuit panel on Tuesday largely affirmed a lower court's order limiting wolf trapping and snaring in Montana over concerns it could impact grizzly bears, but directed the court to reconsider its "overbroad" geographic scope and limitations on state officials' research.

  • April 24, 2024

    EPA Floats $1B In School Bus, Truck Electrification Grants

    The U.S. Environmental Protection Agency on Wednesday said it would offer approximately $1 billion in grants to fund the electrification of school buses, garbage trucks and other heavy-duty commercial vehicles, another part of the Biden administration's efforts to decarbonize the U.S. transportation sector.

  • April 24, 2024

    Bradley Arant Gains Real Estate Pro In Dallas From Gray Reed

    Bradley Arant Boult Cummings LLP continues to expand in the Lone Star State, adding a real estate and environmental law partner in Dallas from Gray Reed & McGraw LLP.

  • April 24, 2024

    Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration

    A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.

  • April 24, 2024

    Samsung Unit Says Exclusion Doesn't Apply To Storm Losses

    A Samsung unit seeking coverage for more than $400 million in damage to its semiconductor manufacturing facility related to Winter Storm Uri in 2021 asked a Texas federal court to rule that power loss during the storm did not trigger the policy's so-called lack of services exclusion.

  • April 23, 2024

    Ex-Auditor, County Prosecutor Win Pennsylvania AG Primary

    The race for Pennsylvania's next attorney general will pit an academic who was the state's fiscal watchdog against a Navy veteran serving as a county's top prosecutor, early primary election results showed Tuesday evening. 

  • April 23, 2024

    Sharper Sustainability Rule May Strengthen Bid Protests

    A new regulation for more environmentally friendly government purchases puts teeth into a long-standing requirement for sustainable procurement, and is likely to strengthen businesses' arguments in bid protests as agencies wrestle with the full scope of the rule.

  • April 23, 2024

    Sierra Club Sues EPA Over NY Aluminum Plant's Air Pollution

    The Sierra Club slapped U.S. Environmental Protection Agency Administrator Michael Regan with a complaint in D.C. federal court Tuesday accusing the agency of failing to require the state of New York to cut sulfur dioxide emissions from a 112-year-old aluminum smelting plant.

  • April 23, 2024

    Florida Loses Bid To Stay Ruling Nixing Its CWA Permit Power

    A D.C. federal judge on Tuesday declined Florida's request to pause his ruling that stripped the state's federally delegated authority over a Clean Water Act permitting program, finding that the Sunshine State had not shown it was likely to succeed in its appeal of the ruling.

  • April 23, 2024

    $12M Chicago Toxic Demolition Settlement Receives Final OK

    An Illinois federal judge gave his final blessing to a group of Chicago residents' $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • April 23, 2024

    Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements

    A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.

  • April 23, 2024

    EPA Tells 5th Circ. To Sink Texas' Ozone Plan Challenge

    The U.S. Environmental Protection Agency urged the Fifth Circuit to reject Texas' attempt to challenge the agency's denial of its revised plan to control ozone in the Dallas and Houston metropolitan areas, saying the Lone Star State's arguments "do not withstand scrutiny."

  • April 23, 2024

    Blue States Leap To Defend EPA Vehicle Emissions Rule

    California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.

  • April 23, 2024

    NJ Appeals Court Backs State's Siting Regs For Solar Projects

    A New Jersey state appeals court on Tuesday upheld project-siting requirements under a Garden State law encouraging new solar development, rejecting a renewable energy industry group's argument that the requirements are unlawfully strict.

  • April 23, 2024

    EPA Finishes Stronger Chemical Risk Evaluation Rule

    The U.S. Environmental Protection Agency on Tuesday announced stronger and broader regulations to assess chemicals' health and environmental risks, completing a process that started when the Ninth Circuit struck down parts of the initial rule as too weak.

  • April 23, 2024

    $45B DOE Deal Backed By Common Sense, Contractor Says

    A U.S. Department of Energy contractor urged the Federal Circuit to restore a $45 billion deal it won, saying the department was allowed to award the deal despite the contractor not being continuously registered in a federal award management database.

  • April 23, 2024

    Cleveland-Cliffs Execs Say US Steel-Nippon Deal Is 'Dead'

    Cleveland-Cliffs Inc. executives said Tuesday that U.S. Steel is "denying reality" as it continues to pursue its $14.9 billion sale to Japan's Nippon Steel, suggesting that the deal is effectively "dead" following President Joe Biden's opposition to it and that the Ohio-based steel manufacturer remains the only viable buyer.   

Expert Analysis

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • The Competing Goals Of Environmental And Bankruptcy Laws

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    Recent economic pressures combined with environmental liabilities have led to some of the largest bankruptcy filings in U.S. history, meaning debtors and creditors should be aware of the challenges, conflicts and uncertainties that arise at the intersection of these two legal fields, say Andrew Gallo and Duke McCall at Morgan Lewis.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Opinion

    Farm Bill Gives Congress 2024's Biggest Enviro Opportunity

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    A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

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