Environmental

April 26, 2024
Co. Says Policy Fight On $45B DOE Deal Isn't For Claims Court

A joint venture awarded a $45 billion nuclear waste management contract is urging the Court of Federal Claims to reject a rival's allegation that a U.S. Department of Energy policy change enabling the contract award was improper, saying the claims court lacked jurisdiction.
April 26, 2024
$2.3B Roundup Win 'Unconstitutionally Excessive,' Judge Told

Counsel for Roundup maker and Bayer AG unit Monsanto asked a Philadelphia judge on Friday to undo a $2.25 billion award to a man who claimed the weed killer caused him to develop lymphoma, calling the massive verdict "unconstitutionally excessive" during a state court hearing.
April 26, 2024
Fla. Wants DC Circ. To Pause Wetlands Permits Decision

The state of Florida has called on the D.C. Circuit to pause a lower court's February ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, arguing the decision is likely to be reversed.
April 26, 2024
Ga. Residents Want In On $300M Monkey Farm Fight

Four Georgia residents have asked a federal judge to let them intervene in a dispute over the construction of a sprawling primate-rearing farm in Bainbridge, alleging the local development authority that approved a $300 million bond deal for the project is colluding with the farm's backers to advance the project.
April 26, 2024
Colo. House OKs Land Cleanup Tax Credit Extension

Colorado would extend its income tax credit for certain environmental remediation of contaminated property for five years under legislation approved Friday by the House of Representatives.
April 26, 2024
Texas Must Face Feds' Suit Over Anti-Migrant Buoy Barrier

A Texas federal judge will allow the Biden administration's lawsuit to proceed over Texas' 1,000-foot barrier in the Rio Grande to keep out migrants, ruling Friday that the administration had plausibly alleged its domain over structures in navigable waters.
April 25, 2024
Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility

The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.
April 25, 2024
Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling

Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.
April 25, 2024
Gov't To Use Tribal Energy Purchase Preference For First Time

The Biden administration announced Thursday that it intends to purchase thousands of megawatts of carbon-pollution-free electricity certificates from tribal sources, marking the first time the government will use a nearly two-decade-old procurement preference for tribally sourced energy.
April 25, 2024
Biden Admin's Gas Venting Curbs Are Illegal, ND Says

A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court.
April 25, 2024
Colo. Regulators Say Past Suncor Spills Forced New Permit

Colorado water quality regulators on Thursday urged a state judge not to pause the effects of a renewed water discharge permit that Suncor Energy is challenging as arbitrary and unduly expensive, arguing the new requirements in the updated permit are the company's own fault.
April 25, 2024
FERC Says National Grid Held Up To Winter Weather

The Federal Energy Regulatory Commission revealed during its monthly meeting Thursday that the nation's electric grid and natural gas systems largely operated without any major incidents when severe winter weather swept across the country in January, marking a stark improvement from previous winter storms.
April 25, 2024
1st Circ. Tosses Second Vineyard Wind Challenge

The First Circuit on Thursday rejected a legal challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, the second such ruling in as many days.
April 25, 2024
Tribes, Enviros Want A Say In Grand Canyon Monument Suits

Three Native American tribes and a slew of conservation groups are asking an Arizona federal district court to intervene in separate lawsuits, seeking to protect an Indigenous sacred site in the Grand Canyon region from losing its National Monument designation.
April 25, 2024
Feds' Pacific Sardine Management Plan Lacking, Judge Says

The government's plan to protect Pacific sardines, an important food source for many marine species, fell short in a number of ways, including by failing to prevent overfishing, a California federal judge has ruled.
April 25, 2024
BlackRock, Temasek Joint Venture Closes $1.4B Climate Fund

Decarbonization Partners, a joint venture between private equity giant BlackRock and investment firm Temasek, on Thursday announced that it closed its inaugural late-stage venture capital and growth private equity fund after securing $1.4 billion in commitments.
April 25, 2024
Biden Permitting Reform To Fast-Track Power Line Approvals

Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.
April 25, 2024
OECD Says Latvia Must Shift Tax Burden, Limit Fuel Subsidies

Latvia needs to shift its tax burden off labor and onto other forms of income such as property, and to eliminate harmful subsidies and tax practices around fossil fuels, the Organization for Economic Cooperation and Development said Thursday.
April 25, 2024
Valero Seeks $75M In Tax Refunds For Fuel Mixtures

Energy company Valero asked a Texas federal court for $75 million in excise tax refunds, claiming the Internal Revenue Service failed to recognize that its production of specific fuels such as butane blends and biomass derivatives qualified for the alternative fuel mixture credit.
April 25, 2024
3 Things Attys Should Know About Pa.'s $48B Spending Plan

Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.
April 25, 2024
Treasury Finalizes Rules On Sales Of Green Energy Credits

The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.
April 25, 2024
EPA Unveils Final Power Plant Rules, Prepares For Challenges

The U.S. Environmental Protection Agency on Thursday finalized four new rules that will impose tougher standards on greenhouse gas and mercury emissions from power plants, wastewater discharged from those facilities, and the storage and management of coal ash.
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.

Expert Analysis

Food And Beverage Policy Trends Cos. Should Track In 2024

The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.
How 2023 Shaped Drug And Medical Device Legal Trends

2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
Opinion

What Insurers Gain When Litigating Coverage Denials

Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
After Headwinds, 2024 May See Offshore Wind Momentum

Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
10 Issues To Watch As ESG Remains Alive And Well In 2024

Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
Law Firm Strategies For Successfully Navigating 2024 Trends

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

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

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

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

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

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

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

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

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.