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Environmental
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October 21, 2024
Rule Aims To Give Geothermal Energy Projects A Boost
The U.S. Department of the Interior said it's pitching a new categorical exclusion that's intended to speed up geothermal resource discovery efforts on public lands, with a proposed rule slated to be published Tuesday.
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October 21, 2024
Alaskan Tribes Ink Stewardship Land, Water Pacts With Feds
Three agreements between the federal government and Alaskan tribes and corporations are expected to advance efforts to safeguard salmon relied upon by Indigenous people for thousands of years, further sovereignty and improve easement management to public lands and waters, the U.S. Department of the Interior said.
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October 21, 2024
DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project
Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.
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October 21, 2024
Judge Hints 'Contract' Key To Utility Cleanup Enforcement
An Avangrid Inc. unit's responsibility or lack thereof for cleaning up a contaminated former power plant hinges on whether a partial consent order from the Connecticut Department of Energy and Environmental Protection, or DEEP, is legally a contract, a state court judge signaled Monday.
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October 21, 2024
3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court
3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.
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October 21, 2024
V&E Helps EnCap Amass $5.25B For Latest Energy Fund
Houston, Texas-based EnCap Investments LP, advised by Vinson & Elkins LLP, on Monday announced that it wrapped its 12th energy-focused fund after securing $5.25 billion from investors.
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October 21, 2024
Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'
Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production.
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October 21, 2024
High Court Will Review Clean Air Act Jurisdiction Cases
The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Colo. County, Enviros Back DC Ruling In High Court Rail Fight
Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.
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October 18, 2024
FWS Can't Block Cactus Rule Records Release, Group Says
A Colorado conservation group claims that the U.S. Fish and Wildlife Service has failed to turn over public records related to a proposed rule to remove a cactus species from its list of threatened and endangered species.
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
5th Circ. Partially Upholds $2M Win In Hurricane Coverage Suit
The Fifth Circuit has upheld in part a Louisiana church's more than $2 million judgment win against an insurer that was accused of not paying enough for the church's hurricane damage claims.
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October 18, 2024
Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact
A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands.
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October 18, 2024
Natural Gas Producer Will Pay $9.4M For Excess Air Pollution
The U.S. Environmental Protection Agency and New Mexico Environment Department have reached a $9.4 million settlement with Hilcorp Energy Co., resolving claims the company failed to reduce emissions during well completion operations, in violation of the Clean Air Act and New Mexico state law.
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October 18, 2024
Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit
3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.
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October 18, 2024
Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told
The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.
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October 18, 2024
FERC Extension For Pipeline Spur Warranted, DC Circ. Told
The developer of a southern spur of the Mountain Valley Pipeline and two potential customers are asking the D.C. Circuit to nix conservation groups' challenge of a construction deadline extension the Federal Energy Regulatory Commission granted for the so-called Southgate project.
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October 18, 2024
Judge Excuses Nationwide From Ga. Mold Death Coverage
A Georgia federal judge found Nationwide Property & Casualty Insurance Co. has no duty to defend an apartment owner from claims in a separate lawsuit alleging the landlord failed to treat black mold or warn a tenant who died of exposure to the infestation.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 17, 2024
Monsanto Again Seeks Pause As Seattle PCB Trial Begins
Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.
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October 17, 2024
Mexico Phosphate Case Shines Light On 3rd-Party Funding
A U.S. deep ocean exploration company's announcement last month that most, if not all, of a $37 million award it won against Mexico would go toward satisfying its obligations to its third-party funder has helped to fuel questions about whether such funding arrangements belong in investor-state arbitration.
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October 17, 2024
DOL, Red States Spar Over Loper Bright Impact On ESG Rule
Conservative-led states suing the U.S. Department of Labor have told a Texas federal court that the end of the Chevron doctrine boosts their bid to end a rule allowing retirement plan advisers to consider environmental, social and governance factors in investment choices, while the DOL argued that it deserves another summary judgment win.
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October 17, 2024
Supreme Court Signals Skepticism On Staying Federal Rules
A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.
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October 17, 2024
FERC Adds Tribal Protections To Transmission Siting Rule
The Federal Energy Regulatory Commission unanimously finalized its rule updating how the agency plans to carry out its limited authority over siting transmission lines during its monthly meeting on Thursday.
Expert Analysis
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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New Law May Move Calif. Toward Fashion Sustainability
California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.