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Environmental
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September 05, 2024
DOE Says Bonneville Power Lacks Proper Contract Oversight
The U.S. Department of Energy's Office of Inspector General released a report to the public on Thursday identifying weaknesses in the Bonneville Power Administration's management of its Fish and Wildlife Program contracts, including instances where "invoice reviews lacked supporting documentation to justify the costs incurred."
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September 05, 2024
Wash. Justices Won't Take Up BNSF Water Reg Dispute
Washington's highest court on Wednesday declined a request for review by BNSF Railway Co. and two Washington ports seeking to reverse a water quality watchdog's win in a dispute over the scope of state-issued industrial stormwater permit terms.
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September 05, 2024
Wash. Justices Uphold State's Wastewater Nitrogen Limits
The Washington Supreme Court overturned a win for the city of Tacoma and other municipal wastewater treatment plant operators challenging state caps on nitrogen discharges, finding Thursday that the limits state regulators added to its permits don't qualify as a rule under the Administrative Procedure Act.
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September 05, 2024
LA Developer Beats RICO Suit Over CEQA Fight At 9th Circ.
The Ninth Circuit affirmed Thursday a decision tossing a Hollywood hotel developer's $100 million racketeering suit against rival hotel developers, rejecting the plaintiff developer's allegations that its competitors had pursued "objectively baseless" sham California Environmental Quality Act litigation to extort the firm.
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September 05, 2024
Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal
Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.
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September 05, 2024
Talks In Geothermal Fight Go On Amid Request For Monument
The U.S. Bureau of Land Management, a California tribe and a group of nonprofits say proposed settlement talks in a dispute over a series of geothermal energy leases will continue despite a recent bid by federal lawmakers to have the land in question designated as a national monument.
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September 05, 2024
Dodge Ram Drivers Urge 6th Circ. To Revive Emissions Claims
Dodge Ram drivers pressed the Sixth Circuit to revive their proposed class action alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed their trucks as being more environmentally friendly than they actually were, saying a Michigan federal judge incorrectly found that their claims conflicted with federal law.
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September 05, 2024
Biden To Block US Steel-Nippon, And More Deal Rumors
President Joe Biden is reportedly preparing to block the $14.9 billion merger of U.S. Steel and Nippon Steel, Blackstone and Vista Equity Partners may team up to buy Smartsheet, and Springer Nature is planning an initial public offering. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 05, 2024
Pa. City Iced Retirees Out Of Ch. 9 Plan Talks, Committee Says
Retiree creditors in the city of Chester, Pennsylvania's bankruptcy have denounced its proposed Chapter 9 plan, telling a judge in Philadelphia it is a "blunt-instrument approach" to complex issues and was docketed without consulting their committee that represents the largest creditor group.
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September 05, 2024
Biden Admin Issues Plans To Address PFAS Use, Exposure
The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.
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September 05, 2024
Green Groups Fight Red State AGs' Attack On Civil Rights Regs
Environmental and civil rights groups are opposing a petition filed by attorneys general from 23 primarily Republican-led states demanding that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.
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September 05, 2024
Hydropower Co. Asks Judge To Stem River Cleanup Suit
NCR Voyix Corp. hasn't proven that the drawdown of a reservoir has hampered its cleanup of a Superfund site contaminated by paper waste nor that the drawdown was mishandled, a power company has told a Michigan federal judge.
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September 05, 2024
Ariz. Tribe Doubled Down In Lithium Project Row, Court Told
The federal government has accused the Hualapai Indian Tribe of doubling down on conjecture with regard to the possible effects of the Big Sandy Valley Lithium Exploration Project, urging an Arizona federal judge to reject the tribe's request for a preliminary injunction.
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September 05, 2024
EPA Asks To End Texas, Okla. Air Plan Fight Due To Lost Docs
The U.S. Environmental Protection Agency is asking the Fifth Circuit to vacate its challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan, having lost key records needed to justify its decisions.
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September 05, 2024
EPA Issues Carbon Sequestration Well Permits In Texas
The U.S. Environmental Protection Agency issued draft permits to Oxy Low Carbon Ventures LLC for three proposed carbon sequestration wells, marking the first time the agency has issued such permits in the state of Texas.
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September 05, 2024
Biden Administration Approves 10th Offshore Wind Project
The Biden-Harris administration on Thursday announced a federal approval of a two-gigawatt wind project proposed to be built off the Maryland coast — the 10th commercial-scale offshore wind project the administration has approved.
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September 05, 2024
EPA Unveils $151M Cleanup Plan For NJ Superfund Site
The U.S. Environmental Protection Agency announced Thursday a $151.1 million deal to cover the federal agency's past and future costs of cleanup at a New Jersey superfund site with high levels of lead contamination.
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September 04, 2024
Singapore Phosphate Co. Drops China Claim Over Panda Park
Singaporean company AsiaPhos has agreed to pay the Chinese government some $1.17 million to end a dispute stemming from the cancelation of the company's phosphate mining permits to make way for a giant panda reserve, several months after a Swiss court rejected the company's appeal.
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September 04, 2024
Turning Tides: Real Estate's Impending Insurance Crisis
Climate risk, once an abstract concept, is now a stark reality in the real estate industry as damage from stronger and more frequent weather events portends a drastic correction in the property insurance market. This new series explores state and local government efforts, shifting investor behavior, and home-buying trends as the climate-driven insurance crisis bubbles to the surface.
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September 04, 2024
Towns Say Settlement Doesn't Limit Rail Merger Appeal
A coalition of Illinois towns challenging the approval of Canadian Pacific's $31 billion merger with Kansas City Southern told the D.C. Circuit the federal government is trying to use a settlement struck by Chicago's commuter rail system to limit the issues in the case.
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September 04, 2024
EPA Strengthens Trump-Era 'Once In, Always In' Rule
The U.S. Environmental Protection Agency on Wednesday strengthened a Trump-era rule that it said could let industrial facilities emit more harmful air pollution after downgrading to a less severe pollution source category.
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September 04, 2024
Former Michelin Tire Factory Site Worth $30M, NJ Jurors Told
The owner of a 22-acre former Michelin Tire factory in Milltown, New Jersey, told jurors Wednesday it should be paid at least $30 million by a borough redevelopment agency to acquire the property through eminent domain for the construction of a 350-unit mixed-use residential development.
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September 04, 2024
EPA Coke Ovens Rule Challenged By Green Groups, Industry
Green groups and a coke-making business have kicked off challenges to the U.S. Environmental Protection Agency's rule strengthening emission standards for hazardous air pollutants like benzene, mercury, lead and arsenic that are emitted by coke oven facilities.
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September 04, 2024
US Steel, Nippon Defend Deal After VP Harris Voices Concern
U.S. Steel and Nippon Steel on Wednesday reiterated the value they see in their planned $14.9 billion merger, despite opposition voiced by Vice President Kamala Harris, President Joe Biden and former President Donald Trump.
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September 03, 2024
Army Corps Gets 150K Comments Against Enbridge Pipeline
Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.
Expert Analysis
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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ECHR Climate Rulings Hint At Direction Of Future Cases
Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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10 Tips For ESG Disclosure Compliance In Private Funds
Excerpt from Practical Guidance
As regulators increase scrutiny of misleading claims about environmental, social and governance investments, private fund sponsors should consider several practical tips for communicating accurately with potential investors, drafting comprehensive disclosures and establishing internal policies that can keep pace with evolving compliance requirements, says Jonathan Rash at Ropes & Gray.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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SEC Climate Rules Create Unique Challenges For CRE
The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.