Environmental

  • September 06, 2024

    Texas Biz Court Will Be A Brave New World For Energy Cos.

    Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.

  • September 06, 2024

    Ex-CEO Of Defunct Solar Co. Seeks Sanctions In Fraud Suit

    The former CEO of a bankrupt solar energy firm filed a motion for sanctions Friday in Michigan federal court, alleging the plaintiffs' counsel misrepresented the ex-CEO's inability to produce information during a discovery meeting regarding claims he defrauded customers by selling faulty solar systems.

  • September 06, 2024

    Arkema Calls Timing 'Suspect' In Bid To Lift NJ PFAS Suit Stay

    Chemical company Arkema Inc. is arguing that if rival Solvay is allowed to sue it, the litigation could upend an impending settlement worth up to $108 million it negotiated with the state of New Jersey that would end claims over "forever chemical" contamination at a facility both companies owned.

  • September 06, 2024

    2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit

    The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.

  • September 06, 2024

    EPA Updates Public Engagement Plan For 1st Time In 20 Years

    The U.S. Environmental Protection Agency is beefing up its public engagement policy to better communicate with community members, Native American tribes, businesses, trade groups and other parties with a stake in the EPA's programs and regulations.

  • September 06, 2024

    DuPont Spinoff Must Explain Record Policy For Missing Docs

    A discovery referee for North Carolina's Business Court is ordering a DuPont spin-off to share its document retention policy with the attorney general after dozens of boxes of information the state wanted for a lawsuit over PFAS pollution were not made available from storage facilities.

  • September 06, 2024

    Pa. Borough Says Insurer, Atty Wrongfully Settled Feud

    A Pennsylvania borough accused its insurer-retained counsel of committing legal malpractice by consummating a settlement acting against its wishes in an underlying "baseless" lawsuit brought by a borough council member, telling a state court that the attorney acted in the insurer's best interest.

  • September 06, 2024

    Texas Justices To Weigh In On Native American Park Dispute

    The Texas Supreme Court agreed Friday to answer a question from the Fifth Circuit about religious freedom under the Lone Star State's constitution to aid the federal appellate court in resolving a dispute between Native American church members and San Antonio over access to a local park.

  • September 06, 2024

    Atlanta Hit With Clean Water Suit Over Wastewater Discharge

    A conservation group sued Atlanta in Georgia federal court Friday, claiming the city failed to properly maintain its largest wastewater treatment plant, sending excessive pollution, including harmful bacteria, into the Chattahoochee River — a charge the city says it has corrected.

  • September 06, 2024

    Insurer Tries To Stop Asset Transfers In $2.6M Builder Lawsuit

    An insurance company has urged a Montana federal court to temporarily block a group of construction companies from transferring assets, alleging they owe more than $2.6 million in payments, claims and attorney fees related to projects in Montana and Wyoming.

  • September 06, 2024

    Enviro Groups Challenge FERC Approval Of La. LNG Terminal

    Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."

  • September 06, 2024

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

    This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.

  • September 06, 2024

    Renewable Energy Biz Goes Public Via $386M SPAC Merger

    Renewable energy company EEW Renewables Ltd., advised by Seward & Kissel LLP, on Friday announced plans to go public by merging with Ellenoff Grossman & Schole LLP-led special purpose acquisition company Compass Digital Acquisition Corp. in a deal with a pro forma combined enterprise value of $386 million.

  • September 06, 2024

    As Biden Looks To Block US Steel Deal, Rival Co. Weighs In

    Cleveland-Cliffs is lauding President Joe Biden's reported decision to block U.S. Steel's $14.9 billion planned merger with Nippon Steel and says it is ready to scoop up U.S. Steel's union assets, as the rival steelmaker weighed in on the matter following a flurry of quick developments this week indicating that the Nippon deal is all but dead.

  • September 06, 2024

    China Complains To WTO About Canada EV Surtaxes

    China is looking for the World Trade Organization to step in to address proposed Canadian surtaxes on imported Chinese electric vehicles, steel and aluminum, taxes that a spokesperson for China's Ministry of Commerce said Friday violate the organization's rules.

  • September 06, 2024

    EU Gears Up For New Commission With A Plea: More Women

    European Commission President Ursula von der Leyen is gearing up to distribute the top jobs in foreign trade, economics and antitrust among the new commissioners for their five-year mandate, but she is pressing countries in the bloc to nominate more female candidates.

  • September 06, 2024

    SEC Accuses Esmark Of Lying About US Steel Bid

    A failed bid to acquire U.S. Steel has landed Pittsburgh-based Esmark Inc. in hot water with the U.S. Securities and Exchange Commission, which announced Friday that it had fined the company and its founder for falsely claiming they had the money to buy the manufacturing giant.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • 'Energy Communities' Update May Clarify Tax Credit Eligibility

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    A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

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