Environmental

  • 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.   

  • April 23, 2024

    Hunton Hires Martin Marietta Assistant GC In San Francisco

    Hunton Andrews Kurth LLP said Tuesday it is growing its environmental team by bringing in a land use and mining expert as a partner in the firm's San Francisco office from building supply company Martin Marietta Materials Inc., where he was assistant general counsel.

  • April 22, 2024

    4 Biggest Takeaways From New EPA 'Forever Chemicals' Rule

    The U.S. Environmental Protection Agency's new rule listing two "forever chemicals" as hazardous substances under the Superfund law will introduce costly new cleanup requirements at polluted sites — that is, if the rule survives probable legal challenges targeting its novel legal foundation and the accuracy of asserted health risks.

  • April 22, 2024

    Los Angeles Sues 3M, DuPont Over 'Forever Chemicals'

    The city of Los Angeles is the latest to sue 3M, DuPont and other chemical companies over contamination caused by "forever chemicals," saying the substances from firefighting foam leech into the environment and that the companies "should pay to help clean up the mess that they created."

  • April 22, 2024

    Businessman Seeks OK On $44M Dominican Republic Award

    A Jamaican businessman has asked a D.C. federal court to enforce a $44 million arbitral award he won against the Dominican Republic following a dispute over a landfill, saying the country is improperly seeking to vacate the award.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

Expert Analysis

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 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.

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