Environmental

  • April 05, 2024

    Green Energy Co. Duped Investors Out Of $40M, Suit Says

    A proposed class of investors has hit a purported Chicago green energy outfit and its executives with a federal suit claiming they used promises of extravagant returns to get the plaintiffs to invest but never created any energy or produced the returns they promised. 

  • April 05, 2024

    5th Circ. Won't Touch Texas Oil Export Terminal License

    The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.

  • April 05, 2024

    Utility Atty Who Advised Google JV Opens Environmental Firm

    An attorney who advised a Google joint venture on a group of master-planned communities and a California utility on billions of dollars in infrastructure work has launched boutique firm Forrest Environmental Law.

  • April 05, 2024

    US Gas Cos. Delay $7.4B Deal Closing Date Amid FTC Scrutiny

    A month after a group of 50 lawmakers urged the Federal Trade Commission to investigate a recent string of mergers and acquisitions in the oil industry, the regulatory agency is putting Chesapeake Energy and Southwestern Energy's planned $7.4 billion merger under the microscope.

  • April 04, 2024

    NY Congestion Pricing Judge Pleads For Predictability

    New Jersey state and local governments fighting New York's congestion toll-pricing vision urged a federal judge on Thursday to order environmental justification for the plan, while the judge in turn implored all parties to rely more heavily on precedent and the law.

  • April 04, 2024

    NY Judge Says 'Defeat Device' Co. Protected By Section 230

    A New York federal judge tossed part of the federal government's lawsuit against the manufacturers of devices and software that allegedly allow vehicles to bypass pollution control mechanisms, saying the technology itself is "neutral" and has no effect on emissions without third-party content.

  • April 04, 2024

    Homeowner Asks 9th Circ. To Rethink Fire Coverage Ruling

    A woman who was prevented from coverage of a 2021 house fire by the Ninth Circuit asked the court to rehear her case, arguing among other things that she did not lie to her insurer about renting her home, because she didn't fill out the insurance application.

  • April 04, 2024

    ND Judge Tosses DAPL Protester's Claims Against Police

    A North Dakota federal judge said he is dismissing claims a woman filed against police after suffering "horrific injuries" when she was hit by a flashbang during the Dakota Access Pipeline protests in 2016.

  • April 04, 2024

    Steel Talks Absent From Start Of US-EU Trade Ministerial

    Conversations on the first day of the EU-U.S. Trade and Technology Council on Thursday focused on sustainability for both the planet and the transatlantic partnership, but noticeably skirted the pair's foundered effort to reshape the global steel market.

  • April 04, 2024

    NTIA Knocks Out Enviro Hurdles For Broadband Permitting

    The list of things that broadband deployment projects will have to conduct in-depth environmental assessments for is getting shorter after the National Telecommunications and Information Administration created 30 new "categorical exclusions" in the hopes of cutting red tape.

  • April 04, 2024

    Judge Recuses Herself From Cartel Case Over Exxon Stock

    A Nevada federal judge has recused herself from a batch of antitrust lawsuits claiming U.S. shale oil producers colluded with OPEC to drive up prices at the pump, citing her ownership of a "significant" amount of Exxon Mobil Corp. stock.

  • April 04, 2024

    EPA Names Nonprofits To Get $20B From New GHG Fund

    At least $20 billion is heading out of the U.S. Environmental Protection Agency's door to eight nonprofits that will disburse the money for "green" projects such as distributed energy, net-zero buildings, and zero-emissions transportation projects.

  • April 04, 2024

    W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm

    A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.

  • April 04, 2024

    SEC Voluntarily Puts Climate Regs On Ice During Court Battle

    The U.S. Securities and Exchange Commission announced Thursday that it is voluntarily delaying the implementation of climate disclosure regulations while it fights an Eighth Circuit challenge seeking to vacate the rules, with the regulator saying that it hopes the voluntary stay will speed resolution of the case. 

  • April 04, 2024

    Squire Patton Adds Polsinelli Enviro Atty Pair In Denver

    Squire Patton Boggs LLP announced Thursday that it had added two former Polsinelli PC attorneys to its global environmental, safety and health practice.

  • April 04, 2024

    Great Lakes Fishing Pact Tramples Treaty Rights, Tribe Says

    The Sault Ste. Marie Tribe of Chippewa Indians is asking the Sixth Circuit to undo a Great Lakes fishing decree between it and four other tribes and the state of Michigan, arguing the decree was entered without its consent and imposes upon its treaty rights.

  • April 04, 2024

    Project Owners Eager To Sell Energy Tax Credits, Report Says

    Project owners are pursuing new financing strategies that would support the early sale of their clean energy tax credits as more projects in their initial development stage this year seek to capitalize on the incentives as early as possible, a report released Thursday said.

  • April 03, 2024

    Hawaii Bio Power Co. Can't Add Merger-Based Antitrust Claims

    A Hawaii federal magistrate judge has refused to permit the addition of new allegations, based on a 2017 fossil fuel plant acquisition, to a recently restarted lawsuit accusing the state's largest power company of anticompetitively canceling a contract for a new biomass energy plant.

  • April 03, 2024

    Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue

    The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.

  • April 03, 2024

    EU Probing Solar Project Under Foreign Subsidy Rules

    European enforcers launched a pair of investigations Wednesday to assess whether companies bidding on a solar project in Romania received an unfair advantage through foreign subsidies.

  • April 03, 2024

    NJ Judge Grants Initial OK Of $2.7M EV Maker Investor Deal

    A New Jersey federal judge granted preliminary approval to a $2.7 million deal between investors and executives of an electric vehicle company after it went bankrupt, after finding his prior hesitations concerning the deal's notice plan had been resolved.

  • April 03, 2024

    Industry Groups Ask DC Circ. To Toss EPA Smog Plan

    Industry groups have urged the D.C. Circuit to strike down the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions in several states, saying the federal agency cannot forge ahead with a diminished version of the regulations.

  • April 03, 2024

    Fed. Circ. Struggles With Ambiguity In $14M Army Corps Row

    Federal Circuit judges struggled Wednesday to understand ambiguous terms in a company's contract with the U.S. Army Corps of Engineers for post-hurricane power restoration, indicating that neither party had clearly explained if the contractor has a valid $14 million claim for additional work needed.

  • April 03, 2024

    ITC To Pay $6.6M To DOJ, Texas Over 2019 Chemical Fire

    The owner of a chemical storage facility has agreed to pay more than $6.6 million in connection with natural resource damage stemming from a 2019 fire that burned for six days at a plant southeast of Houston, the U.S. Department of Justice announced Tuesday.

  • April 03, 2024

    Enviro Group Sues DOE Over $1.1B Diablo Canyon Award

    Environmental group Friends of the Earth slapped the U.S. Department of Energy with a complaint in California federal court seeking to unravel the agency's $1.1 billion award for the continued operation of the state's last remaining nuclear power plant.

Expert Analysis

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

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