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Environmental
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September 11, 2024
Split 6th Circ. Backs SEC Win In Proxy Adviser Rule Change
A divided Sixth Circuit has upheld the U.S. Securities and Exchange Commission's decision to partially undo Trump-era rules governing proxy advisers, creating an apparent split with the Fifth Circuit on whether the agency's regulatory actions violated the Administrative Procedure Act.
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September 11, 2024
Politics Impacting US Steel-Nippon Review, Biz Groups Warn
Political pressure may be "unduly influencing" the national security review of Nippon Steel's $14.9 billion deal for U.S. Steel and could hamper future foreign investment into the U.S., business groups told Treasury Secretary Janet Yellen on Wednesday.
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September 11, 2024
San Diego Utility Hit With Suit Over Wood Waste Runoff
San Diego Gas & Electric is using a wood treatment mixture on its power poles and in its facilities that includes toxic chemicals that poison the environment and pose a danger to humans and animals nearby, according to a suit filed in California federal court Tuesday.
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September 11, 2024
NC Car Parts Biz Racks Up $10M In Fines For Cheat Devices
A North Carolina automotive components business will pay a $2.4 million criminal penalty on top of a $7 million civil fine for dealing devices used to skirt federal vehicle emissions controls, the U.S. Department of Justice announced.
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September 11, 2024
Aussie Metal Exploration Biz Raises £250M To Fund M&A
Greatland Gold, an Australian metal exploration company, said Wednesday that it has raised £248.6 million ($325.1 million) by issuing new shares to help fund its expected buyout of Newmont Corp., a miner based in the U.S.
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September 10, 2024
Buyer Says Waste Facility Co. Owes $450M Over Trashed Plan
Energy and waste management firm Reworld Waste, a Covanta Energy successor, is facing a $450 million lawsuit from a Connecticut company alleging Reworld sabotaged its plan to develop an environmentally friendly trash incineration facility in the town of Wallingford.
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September 10, 2024
Prime Hydration Beats Most Beverage PFAS Claims, For Now
A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.
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September 10, 2024
2024's Top Rulings In Native American Law
The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.
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September 10, 2024
Keurig To Pay SEC $1.5M Over K-Cup Recyclability Claims
The U.S. Securities and Exchange Commission on Tuesday ordered Keurig Dr. Pepper to pay a $1.5 million penalty and refrain from filing inaccurate information in its annual reports to settle allegations that it inaccurately claimed that its K-Cup coffee and tea pods were effectively recyclable.
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September 10, 2024
Fulcrum BioEnergy Files For Ch. 11 In Delaware
Fulcrum BioEnergy Inc., a company that endeavors to make sustainable aviation fuel, filed for Chapter 11 protection late Monday in Delaware, listing up to $500 million in debt.
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September 10, 2024
Ariz. Gov. Can Join Monument Suit, Tribes and Enviros Sit Out
The state of Arizona can intervene in a fight over the Biden administration's creation of a national monument on an Indigenous site, but groups of tribes and conservation organizations aren't allowed in the suit, at least for now, a federal judge ruled Monday.
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September 10, 2024
Brookfield Pledges Over $1B To Ultra-Low Carbon E-Fuels Co.
Brookfield will pump up to $1.05 billion into Infinium and its electrofuels platform, in what the asset management giant said Tuesday is its first direct sustainable aviation fuels investment.
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September 10, 2024
IRS Extends Tax Deadlines For NY, Conn. Storm Victims
Victims of severe storms and flooding in New York and Connecticut will have more time to file some tax returns and make estimated payments, the Internal Revenue Service announced Tuesday.
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September 10, 2024
Biofuel Group Wants Renewable Fuel Redo At DC Circ.
Growth Energy said a D.C. Circuit panel erred when it said the U.S. Environmental Protection Agency should have exempted small petroleum refiners from renewable fuel blending requirements and held the biofuel trade group didn't have standing to challenge alternative compliance actions the agency later enacted.
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September 10, 2024
'Structuring Issue' Snarls TC Energy's CA$1B Pipeline Deal
Canadian natural gas company TC Energy on Tuesday paused its planned CA$1 billion ($736.7 million) sale of a minority stake in a pipeline system and assets to an Indigenous-owned buyer, citing a "transaction structuring issue."
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September 09, 2024
DC Judge Won't Halt Colo. Trail Over Radiation Concerns
A D.C. federal judge will allow a trail development project in Colorado's Rocky Flats National Wildlife Refuge to move forward, rejecting a preliminary injunction bid from environmental and public health groups that claimed federal regulators disregarded unsafe levels of radiation in the area when authorizing the project.
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September 09, 2024
Judge Won't End Mich. Dam Flooding Suit Before Discovery
A Michigan judge said Monday it would be premature to free the state from liability for two dams' collapse before further discovery, telling government lawyers he would be reversed "in a nanosecond" if he ended the suit so soon.
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September 09, 2024
EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told
The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.
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September 09, 2024
Investment Firm Can't Fell Timber Co.'s Carbon Offset Suit
The North Carolina Business Court has trimmed a timber company's lawsuit accusing a forestland investment firm of overstating land's carbon offset value in a sale, but let most of the claims escape being felled, reasoning that the timber company's complaint alleged plausible accusations of contract violations.
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September 09, 2024
5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win
The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.
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September 09, 2024
Red States, Industry Look To Sink EPA Vehicle Emissions Rule
The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.
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September 09, 2024
FERC Botched Tenn. Pipeline Approval, Enviro Orgs Tell DC Circ.
The Federal Energy Regulatory Commission relied on a botched climate change analysis to unlawfully approve a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is set to replace a coal-fired plant, environmentalists told the D.C. Circuit.
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September 09, 2024
Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal
Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.
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September 09, 2024
Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'
A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.
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September 09, 2024
Five Point Energy Clinches 4th Fund With $1.4B In Tow
Sustainable infrastructure-focused private equity shop Five Point Energy LLC on Monday announced that it clinched its fourth fund above target after securing $1.4 billion from investors.
Expert Analysis
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Electrifying Transportation With Public-Private Partnerships
Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.