Environmental

  • November 25, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the SFO bring legal action against a Lebanese bank with alleged ties to Hezbollah, a Mancunian Blockbuster-themed cocktail bar sued by the video rental shop for copyright infringement, and IGT hoping for the luck of the draw in a fresh procurement claim against the Gambling Commission. Here, Law360 looks at these and other new claims in the U.K.

  • November 23, 2022

    Gov't Slams Hamptonites' Suit Over Offshore Wind Project

    The federal government urged a New York federal court on Wednesday to dismiss a suit filed by four Hamptons residents challenging the onshore construction for an offshore wind energy facility, arguing that the residents are wrongfully targeting the federal government after their state court attempts to block the project failed.

  • November 23, 2022

    Colo. Mine Contractor Beats Pollution Claim Over 2015 Spill

    One of the federal contractors working on a Colorado gold mine before its catastrophic rupture in 2015 cannot be held financially liable over that incident, a federal judge has ruled, finding no evidence that the company had control of highly toxic water that later spilled into nearby rivers.

  • November 23, 2022

    Michigan Tells Judge To Ax State Claims In Benton Harbor Suit

    Michigan Gov. Gretchen Whitmer on Wednesday urged a federal judge to toss state-law claims like assault and battery from a proposed class action over lead contamination in Benton Harbor's municipal water system, arguing the plaintiffs hadn't alleged enough facts to support them.  

  • November 23, 2022

    NC Sues 3M, DuPont Over 'Forever Chemical' Contamination

    North Carolina Attorney General Josh Stein has accused 3M, DuPont and 13 other chemical companies of contaminating the state's water and soil through their manufacture of products containing toxic "forever chemicals."

  • November 23, 2022

    Ill. Panel Nixes Appeal In Negligence Dispute With Gas Cos.

    An Illinois appellate panel determined on Wednesday that it lacks the jurisdiction to consider the partial dismissal of a woman's lawsuit alleging that Marathon Petroleum Corp. and its subsidiary Speedway LLC violated the Illinois Environmental Protection Act, finding that the dismissal was not an appealable order.

  • November 23, 2022

    NY Gov. Signs 2-Year Crypto Mining Moratorium

    New York Gov. Kathy Hochul signed into law a two-year halt to certain types of cryptocurrency mining as a step to address the practice's impact on climate change.

  • November 23, 2022

    9th Circ. Won't Rethink FWS Win In Fish Recovery Plan Row

    The Ninth Circuit has rejected environmental groups' effort to revive their lawsuit challenging the U.S. Fish and Wildlife Service's plan to restore bull trout populations in the West.

  • November 23, 2022

    4 Takeaways From DOL's Socially Conscious Investing Rule

    The U.S. Department of Labor's new regulations — intended to allay retirement plans' fears about considering environmental, social and governance factors such as climate change in their investment decisions — will remove some wariness about factoring in ESG. Here, Law360 looks at four takeaways from the DOL's now-final rule.

  • November 23, 2022

    Milbank Adds Int'l Arbitration Atty From King & Spalding

    Milbank LLP said it has hired a former King & Spalding LLP partner with an array of experience in high-profile international arbitrations.

  • November 23, 2022

    Seafood Importer Fears Fish Will Go Bad, Seeks Faster Ruling

    A Texas fish importer asked the U.S. Court of International Trade to expedite its case that the U.S. illegally blocked its shipment, arguing it will suffer economic harm from its fish going bad and being excluded from the U.S. market.

  • November 23, 2022

    Allen & Overy Brings On CFO From Green Energy Co.

    Allen & Overy LLP is executing a leadership transition early next year, replacing its retiring chief financial officer with a new financial chief from renewable energy company Renewable Energy Systems, the firm announced Wednesday.

  • November 22, 2022

    Chesapeake Tells 9th Circ. Its Oil Leases Were Wrongly Axed

    Chesapeake Exploration told the Ninth Circuit that a district court erred in vacating its existing oil and gas leases, saying the Western Watersheds Project was given substantial opportunity to participate in the Bureau of Land Management's 2018 Wyoming sale process, contrary to its claims.

  • November 22, 2022

    Green Groups Want In On Utah Native Monuments Suit

    A group of environmental conservation nonprofits on Tuesday asked to intervene in litigation challenging the Biden administration's restoration of national monuments in southern Utah, saying the protection of national monuments is "integral" to their work.

  • November 22, 2022

    Tribes Urge Judge To Find Ore. Irrigation Plan Violated ESA

    Oregon Native American tribes have urged a federal judge to find that the U.S. government violated the Endangered Species Act when it agreed to an irrigation plan to drain water from a lake inhabited by two endangered fish species.

  • November 22, 2022

    White House Unveils Final Climate Environmental Justice Tool

    The White House on Tuesday unveiled the finished version of a tool intended to help identify disadvantaged communities that the Biden administration has said should receive 40% of the overall benefits of new climate, clean energy and other related projects, but it still doesn't factor in race.

  • November 22, 2022

    DC Circuit Rips EPA In Demand For Pesticide Analysis

    The D.C. Circuit slammed environmental regulators Tuesday, ruling they had ignored a court order and Congress by delaying a required analysis of the dangers to endangered species from a pesticide approved almost a decade ago.

  • November 22, 2022

    Mass. Enviros Sue School Bus Co. Over Idling, Pollution

    An environmental group filed a suit in Massachusetts federal court Tuesday alleging a school bus company that uses diesel buses is allowing its fleet to idle beyond what is allowed by law, thus emitting harmful pollutants with vulnerable people and children nearby.

  • November 22, 2022

    2nd Union Votes To Strike Over Pay At Environment Agency

    Members of a trade union that represents Environment Agency workers have become the second to vote to go on strike because grievances over the pay they get for carrying out "vital regulatory work" remain unresolved, causing staff to quit.

  • November 22, 2022

    DOL Eases Rule On Socially Conscious Retirement Investing

    The U.S. Department of Labor finalized regulations Tuesday that will roll back two Trump-era rules restricting how retirement plans could assess environmental, social and governance factors, such as climate change, in their investment decisions.

  • November 21, 2022

    Modernized ECT In Jeopardy As EU Member States Jump Ship

    The European Commission has asked to postpone a vote on the modernization of the Energy Charter Treaty after European Union member states said Friday they were unable reach a majority in favor of reforming the controversial trade pact.

  • November 21, 2022

    Enviros, UAW Oppose Longer Stay In USPS Vehicle Row

    Environmentalists and a labor union on Friday told a New York federal court there's no need to extend a stay of their lawsuit alleging that the U.S. Postal Service overlooked climate change impacts when it decided to replace its aging delivery fleet with fossil fuel-powered vehicles.

  • November 21, 2022

    4 Native Tribes Seek To Intervene On Utah Monument Suits

    Four Native American tribes said their strong spiritual ties to Bears Ears National Monument mean they should be allowed to intervene in litigation over the Biden administration's decision to restore the southeastern Utah site, also arguing the federal government cannot represent their interests in the case.

  • November 21, 2022

    Ariz. Fights Feds' Bid To Have Border Suit Tossed

    The state of Arizona has asked a federal judge to uphold its standing to challenge the Biden administration's immigration policies, arguing that the federal government's bid to have its suit dismissed doesn't even refute some of its claims.

  • November 21, 2022

    US Steel, Minn. Cities OK'd To Defend State Water Rules

    U.S. Steel, rural Minnesota communities and a pro-business group can join the defense of state water quality standards from Native American tribes' challenge that the looser rules threaten traditional agriculture and wildlife, a Minnesota federal judge ruled Monday.

Expert Analysis

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • 4 Key ESG Principles For Independent Board Members

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    When discussing environmental, social and governance reporting programs, independent board members should consider certain foundational principles and related questions in order to make efficient progress toward diversity, equity, inclusion and accessibility pledges, say attorneys at DCI Consulting.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • ESA Listing Change Shows Conservation Partnership Benefits

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    The U.S. Fish and Wildlife Service's recent decision to narrow the range of the gopher tortoise’s Endangered Species Act status demonstrates that public-private voluntary conservation partnerships can help leverage landowners' knowledge of their working lands to the benefit of species, the ecosystem and the landowners, say attorneys at Crowell & Moring.

  • Opinion

    State-Led Programs Can Speed Up Brownfield Development

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    Too often, publicly funded brownfields programs are not optimized to achieve redevelopment in the near term, but policymakers can address this problem by directing additional resources toward state-level brownfields programs that offer thoughtfully designed tax incentives and liability protection, says Gerald Pouncey at Morris Manning.

  • High Court Animal Cruelty Case May Affect Laws Nationwide

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    In National Pork Producers Council v. Ross, the U.S. Supreme Court will decide whether a California animal welfare ballot initiative unconstitutionally interferes with interstate commerce. The eventual ruling could put other state laws that rely on a similar framework at risk and trigger further animal welfare regulations, say Richard Mann and Paula Pastuskovas at Keller & Heckman.

  • Keys To IRA Tax Breaks For US Green Energy, EV Production

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    The Inflation Reduction Act includes three powerful tax incentives for domestic production of renewable energy projects and electric vehicles — but there are key questions that investors and manufacturers must ask when evaluating whether they can take advantage of these incentives, say attorneys at Troutman Pepper.

  • How Trial Attorneys Can Craft A Winning Closing Argument

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    Empirical data on audience responsiveness, retention and persuasiveness, coupled with insights from master trial lawyers, illuminate key principles for sound closing arguments that win over jurors, says Harry Caldwell at Pepperdine University Caruso School of Law.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • How The IRS May Define 'Clean Hydrogen'

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    The Internal Revenue Service is still taking comments on how to define "clean hydrogen" for purposes of Inflation Reduction Act tax credits, but developers can look to the IRA's legislative history — as well as the European Union's struggle to define "green hydrogen" — as guideposts, says Ben Reiter at Nixon Peabody.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • When Is It OK To Use Expert Testimony After They Withdraw?

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    As reliance on experts grows within the legal industry, attorneys should consider what may happen when an expert witness is withdrawn by the party that retained them, given that federal courts have recently barred reports that relied on their testimony, say Jonathan Federman at Gordon & Rees and Paula Villela at BatesCarey.

  • Opinion

    SEC's Proposed Climate Rules Are Problematic For Boards

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    The U.S. Securities and Exchange Commission's proposed climate change disclosure rules overreach in attempting to dictate company board and officer behavior, despite these matters traditionally being left to state law fiduciary duty principles, say Morton Pierce and Michelle Rutta at White & Case.

  • Outlook For Offshore Wind Development In The Gulf Of Mexico

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    Jana Grauberger and Stephen Wiegand at Liskow & Lewis discuss the current status of wind development in the Gulf of Mexico and the qualification requirements for holding offshore wind leases, and look ahead to potential effects that the Inflation Reduction Act may have on the offshore wind leasing timeline.

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