Environmental

  • December 01, 2021

    Kirby To Pay $15M To Settle Oil Spill Pollution Claims

    Kirby Corp. on Tuesday agreed to pay $15.3 million to resolve pollution claims stemming from a 4,000-barrel oil spill in the Houston Ship Channel in March 2014.

  • December 01, 2021

    NY Inks Deals For Clean Energy Transmission Projects

    Two clean energy companies have signed deals with the Empire State that could provide New York City with as much as a third of its electric needs each year from solar, wind and hydroelectric sources.

  • December 01, 2021

    8th Circ. Won't Rehear Ameren Corp. Air Quality Permit Case

    The Eighth Circuit refused requests from both environmental regulators and Ameren Corp. to rehear a case where a lower court forced the company to obtain air quality permits for a Missouri plant costing up to $2.5 billion.

  • December 01, 2021

    BREAKING: Jordan Cove Developers Pull Plug On $10B Project

    Developers are pulling the plug on plans to build the contentious $10 billion Jordan Cove liquefied natural gas export terminal and pipeline in Oregon, telling the Federal Energy Regulatory Commission on Wednesday that they no longer believe they can get state permits.

  • December 01, 2021

    Limetree Bay Names Winning Bidder In Ch. 11 Refinery Sale

    Limetree Bay Refining LLC settled on a $33 million bid to acquire its troubled Caribbean oil refinery and resume its operations, filing papers late Tuesday in Texas bankruptcy court that call for a sale hearing to approve the deal next week.

  • December 01, 2021

    Insurer Liable For $4.8M In Clinic Damage, Health Co. Says

    An Arkansas health care provider says Travelers wrongly denied it $4.8 million in coverage for damages that a geriatric care facility sustained in a 2018 storm, according to a suit recently moved to an Arkansas federal court.

  • December 01, 2021

    Bloomberg Reporter Says He Was Fired For Climate Coverage

    A journalist suing Bloomberg after claiming he was fired for blowing the whistle on the news agency's coverage of climate change argued on Wednesday that a tribunal was wrong to prevent him from relying on emails raising concerns about biased stories.

  • November 30, 2021

    High Court's Right Flank Floats Chevron Deference Overhaul

    Five conservative justices on the U.S. Supreme Court suggested Tuesday that a multibillion-dollar battle over Medicare drug reimbursement could become a vehicle for clarifying or nullifying so-called Chevron deference, a backbone of federal regulatory power and increasingly high-priority target of corporate America.

  • November 30, 2021

    Michigan Focuses On State Court In Enbridge Pipeline Fight

    Michigan has decided to focus its fight against Enbridge's Line 5 crude oil pipeline on proceedings in state court, asking Tuesday to drop a related federal case over the state's revocation of an easement for an underwater segment of the line.

  • November 30, 2021

    7th Circ. Seems Unconvinced Obama Center Work Must Stop

    The Seventh Circuit seemed unconvinced Tuesday that it should reverse a lower court's ruling and temporarily halt the construction of former President Barack Obama's planned multimillion-dollar presidential center in a historic Chicago park.

  • November 30, 2021

    Property Insurance Rates Expected To Increase, Report Says

    The real estate industry should expect property insurance rates to increase across the country as the number of natural disasters increases and more people move to fire- and flood-prone areas, according to a new white paper from a real estate technology company.

  • November 30, 2021

    EPA Floats Deal To End Enviros', Tribe's Suit Over River PCBs

    The U.S. Environmental Protection Agency has reached an agreement with two environmental groups and a Washington tribe to settle their decadelong Clean Water Act suit seeking to force the agency to regulate PCB contamination in the Spokane River, according to a notice to be published in the Federal Register on Wednesday.

  • November 30, 2021

    Donziger Case May Stretch Constitution, 2nd Circ. Panel Says

    A Second Circuit panel on Tuesday appeared open to Chevron foe Steven Donziger's argument that there are serious constitutional questions about the appointment of the special prosecutor who won a criminal contempt trial against him.

  • November 30, 2021

    Climate Youths Say Justices' Ruling Bolsters Bid To Fix Suit

    Young climate activists seeking to save their case against the federal government after standing issues foiled them at the Ninth Circuit are pointing to the U.S. Supreme Court's recent ruling in two states' water rights dispute as proof they can amend their complaint.

  • November 30, 2021

    Green Groups Celebrate End Of Maui CWA Permit Case

    Environmentalists are cheering a Hawaii county's decision to surrender in a long-running legal battle over Clean Water Act permits for wastewater wells that resulted in an important new interpretation of the law at the U.S. Supreme Court.

  • November 30, 2021

    Troutman, Covington Lead SPAC Deal For $3.3B Bitcoin Miner

    Environmentally conscious bitcoin miner Griid Infrastructure will go public at a roughly $3.3 billion enterprise valuation by merging with an Adit Ventures-backed special purpose acquisition vehicle, the companies said Tuesday, in an agreement molded by respective legal advisers Troutman Pepper and Covington.

  • November 29, 2021

    Electric Vehicle Biz Makes Plans For $150M IPO

    Electric vehicle and charging station company Phoenix Motorcars made public its plans Monday for a $150 million initial public offering guided by Loeb & Loeb LLP and underwriters' counsel Pryor Cashman LLP.

  • November 29, 2021

    Trump-Era Hunting Rule Endangers Wildlife, Enviros Say

    An environmental nonprofit has sued the U.S. Fish and Wildlife Service over a Trump-era rule that expanded hunting and sport fishing in lands preserved for endangered species, claiming that this rule was enacted without adequately considering whether potential risks to wildlife go against federal law.

  • November 29, 2021

    Food Groups Seek Win In GMO Labeling Suit

    Organic food industry groups and advocates have asked a California federal judge to strike down a Trump-era rule that exempts food producers from having to disclose the presence of most genetically engineered products when they label something "organic."

  • November 29, 2021

    2nd Circ. Overturns EPA Record Disclosure Order

    The Second Circuit on Monday overturned a New York federal judge who ordered the U.S. Environmental Protection Agency to turn over documents related to a Trump administration official's activities, ruling that the information may be withheld under the Freedom of Information Act.

  • November 29, 2021

    9th Circ. Nixes Tribe Members' Highway Project Claims

    The Ninth Circuit has tossed an appeal by Oregon tribal members who sued the government after a site sacred to them was destroyed to make room for a highway, saying the federal agencies they sued can't offer the relief they seek.

  • November 29, 2021

    EPA Tells Justices 9th Circ. Water Permit Ruling Is Sound

    The EPA told the U.S. Supreme Court it shouldn't take up Idaho landowners' bid to overturn a ruling that they need a water quality permit to build on their property, fighting the landowners' claim that there is confusion among the circuit courts about the scope of federal jurisdiction over wetlands.

  • November 24, 2021

    ITC Recommends Extending Solar Safeguard Tariffs

    The U.S. International Trade Commission on Wednesday recommended extending tariffs on imported solar panels, a decision that sets the Biden administration up to make a decision on the contentious policy first enacted during the previous administration.

  • November 24, 2021

    Airport Insurer Says $26M Gas Poisoning Verdict Not Covered

    A $26.5 million jury verdict recently leveled against a Rhode Island airport for a carbon monoxide poisoning incident that injured two workers doesn't qualify for coverage because of a pollutant exclusion in the airport's policy, its insurer argued in federal court.

  • November 24, 2021

    Alberta Plans Keystone XL Trade Claim Against US

    Alberta's energy minister said Wednesday that the Canadian province will take the U.S. to arbitration over President Joe Biden yanking the Keystone XL pipeline's permit, two days after developer TC Energy Corp. launched its own arbitration claim.

Expert Analysis

  • What Justices' Groundwater Ruling Means For State Disputes

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    The U.S. Supreme Court's recent decision in Mississippi v. Tennessee aids future negotiations over interstate groundwater resources, both by explicitly informing states what the default rule is, and by implicitly giving states authority to trade off water rights across a broader spectrum of water resources, says Robin Craig at USC Gould School of Law.

  • Opinion

    Climate Change Lawsuits Are Not 'The New Tobacco'

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    Plaintiffs filing suits against energy companies over climate change are hoping for a reprise of the tobacco litigation of two decades ago, but recent decisions in opioid cases that repudiated expansive use of public nuisance theories spell trouble for similar climate claims, says Donald Kochan at George Mason University Law School.

  • The Implications Of COP26 For Legal Practitioners

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    Developments at the recent United Nations Climate Change Conference will create both opportunities and risks for lawyers — with many new laws, regulations and industry best practices to track, and a growing pipeline of new energy and infrastructure projects to facilitate, say Caroline May and Charles Winch at Norton Rose.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

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    BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • How Green Amendments Protect Key Environmental Rights

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    New York's recently passed green amendment is part of a growing movement to give constitutional protection to environmental rights that are fundamental to human life, health and community, thereby addressing potential deficiencies in state and federal environmental laws and regulations, says Maya van Rossum at the Delaware Riverkeeper Network.

  • Navigating The New Wave Of PFAS Regulation And Litigation

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    As states ramp up regulations and litigation targeted at manufacturers of per- and polyfluoroalkyl substances, and the federal government advances its own efforts to regulate PFAS, entities that may be subject to liability for these chemicals must understand the rapidly changing legal environment, say attorneys at Harris Beach.

  • Takeaways And Next Steps After FSOC's Climate Risk Report

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    Attorneys at K&L Gates highlight three key conclusions as well as near-term next moves for stakeholders to watch following the Financial Stability Oversight Council's recent report on climate-related financial risk, noting that its progress and gaps will be critical to understanding federal financial regulators' approach to future policies.

  • 3 Cases Could Influence Electric Vehicle SPAC Litigation

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    Several ongoing lawsuits concerning electric vehicle special purpose acquisition companies could eventually map out liability standards for forward-looking statements on issues such as green energy projections, say attorneys at Quinn Emanuel.

  • Auto Cos. Must Prep For State AG Action On Fuel Efficiency

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    State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

  • 5 Critical Steps For Ensuring ESG Transparency

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    According to Michael Yachnik and Jonny Frank at StoneTurn, there are several steps counsel should take to ensure their companies and clients meet investor expectations for reporting environmental, social and corporate governance responsibilities and other nonfinancial metrics.

  • How Infrastructure Act May Spur New Transmission Projects

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    The recently enacted Infrastructure Investment and Jobs Act represents a major step in a new direction: direct funding for electric transmission investments, and rule changes that could serve to speed the often winding road to the successful construction of major transmission projects, say attorneys at Morgan Lewis.

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