Environmental

  • October 16, 2024

    11th Circ. Says No Claim For Taking Until Permit Is Denied

    The Eleventh Circuit ruled Wednesday that Fane Lozman — houseboat owner, activist and thorn in the side of the Riviera Beach, Florida, city government — cannot yet bring his claims for a regulatory taking of his property against the city because he has not applied for a permit or zoning variance.

  • October 16, 2024

    Feds Say EPA Not Responsible For Flint Water Crisis

    The U.S. Environmental Protection Agency on Wednesday sought to shake claims from Flint, Michigan, residents alleging the agency did not properly respond to the water crisis, telling a Michigan federal judge it had no part in switching the town's water source or corrosion control efforts.

  • October 16, 2024

    SpaceX Says Calif. Board Taking Disdain Of Musk Out On It

    SpaceX hit the California Coastal Commission with a federal lawsuit claiming its board members are opposing the company's bid to launch more rockets from a military base in Santa Barbara County due to "naked political discrimination" against it and its outspoken billionaire CEO Elon Musk.

  • October 16, 2024

    Monsanto's Appellate Bid To Stop Seattle PCB Trial Flops

    A Washington appellate commissioner won't overrule a lower court's decision to forge ahead with a pending Monsanto PCB poisoning trial, rejecting the company's request to pause until the state Supreme Court decides a similar case, concluding that she would be improperly "substituting" her judgment for the trial court's by pausing the case.

  • October 16, 2024

    Justices Question EPA's Authority For 'Vague' SF Water Permit

    The U.S. Supreme Court during oral arguments on Wednesday appeared genuinely torn about what to make of San Francisco's challenge to a Clean Water Act permit issued by the U.S. Environmental Protection Agency, which the city argues is impermissibly vague and difficult to comply with.

  • October 16, 2024

    Mich. Landfill Says Manhattan Project Waste A National Issue

    A Michigan dump site on Tuesday said a dispute over whether it can accept radioactive material from the first atomic bomb project is a matter of national concern, arguing attempts by a group of surrounding communities in state court to block it from accepting the waste interferes with a federal waste program.

  • October 16, 2024

    Calif. Community Flood Insurance Project Secures New Funds

    California's water regulation authority will support a novel flood insurance program aimed at providing a tiny Central Valley town with coverage in the event of a major flood event, the state's insurance commissioner said Wednesday.

  • October 16, 2024

    EPA Defends Rejection Of Smog Rule Reconsideration Pleas

    The U.S. Environmental Protection Agency told the D.C. Circuit it reasonably rejected petitions by U.S. Steel Corp. and Hybar LLC to reconsider its so-called Good Neighbor Plan to curb cross-state ozone pollution after courts stayed the rule for some affected states.

  • October 16, 2024

    DC Circ. Urged To Let Feds Fix Pipeline Safety Rules

    A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.

  • October 16, 2024

    Latham-Led Silicon Carbide Biz Lands $2.5B Of New Funding

    Silicon carbide technology company Wolfspeed, advised by Latham & Watkins LLP and Smith Anderson, announced that it expects to receive up to $2.5 billion in new funding, through the CHIPS and Science Act and from a consortium that includes private equity giant Apollo, to support the expansion of silicon carbon manufacturing in the U.S.

  • October 16, 2024

    Georgia EV Battery Manufacturer Settles Fire Suit

    A Georgia electric vehicle battery manufacturer has reached a settlement ending a recycling facility's suit alleging it caught fire and burned to the ground last year after the manufacturer allegedly sent hundreds of charged lithium-ion battery scraps to the facility.

  • October 16, 2024

    M&A Pros Cautious About Expected Private Equity Surge

    It's an oft-repeated line that private equity activity is set to surge amid pressure to exit older investments and deploy record stores of dry powder, but mergers and acquisitions professionals recently surveyed by Dykema were cautious when asked if they expect private equity to boost deal flow in the next 12 months, with a majority saying they only "somewhat agree." 

  • October 16, 2024

    Justices Won't Block EPA Power Plant Rule

    The U.S. Supreme Court on Wednesday rebuffed pleas to block implementation of the U.S. Environmental Protection Agency's latest effort to curb greenhouse gas emissions from power plants while it's being challenged in court, but three justices indicated they had concerns with the rule's legality.

  • October 16, 2024

    Enforcers Won't Challenge $3B Energy Deal, $5B Coal Tie-Up

    Deadlines have passed for antitrust enforcers to challenge Oneok Inc.'s deal for a $3.3 billion stake in EnLink Midstream LLC and Arch Resources Inc.'s all-stock merger with Consol Energy Inc., a deal that's expected to create a natural resources company worth $5.2 billion.

  • October 15, 2024

    Tribes, Backers Urge Justices To Take On Oak Flat Dispute

    Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.

  • October 15, 2024

    DC Circ. Is Asked To Revive Nuke Waste Suit

    An anti-nuclear advocacy group is urging the D.C. Circuit to reconsider its support for the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico, arguing that the court's ruling contained "material legal errors."

  • October 15, 2024

    Fla. High Court Declines To Hear Case Of Land-Buying Funds

    The Florida Supreme Court refused to hear a lawsuit brought by environmental groups against the state over alleged misspent money from the Land Acquisition Trust Fund that went toward expenses not authorized under a 2014 constitutional amendment, rather than being used to purchase property meant for conservation and recreation purposes.

  • October 15, 2024

    'Gold Standard' PFAS Test Rejected In Tampax Class Suit

    A California federal judge on Tuesday rejected the reliability of a testing method described by a putative consumer class as the "gold standard" for detecting so-called forever chemicals, tossing for now claims that The Procter & Gamble Co. falsely advertised its "pure cotton" Tampax tampons.

  • October 15, 2024

    Standing Rock Sioux Ask Court To Shut Down Dakota Pipeline

    The Standing Rock Sioux Tribe is asking a federal court to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing its latest emergency response plan fails to include a realistic calculation of a worst-case scenario liquid discharge.

  • October 15, 2024

    Feds Seek Court's OK On $350M Norfolk Southern Spill Deal

    The federal government has asked an Ohio federal judge to approve a nearly $350 million settlement to close out the U.S. Environmental Protection Agency's legal claims against Norfolk Southern over the fiery February 2023 train derailment and toxic chemical spill in East Palestine.

  • October 15, 2024

    $5M Alcoa Unit Deal Ends EPA's Smelter Foul-Air Suit

    A Washington federal judge on Tuesday approved an Alcoa Corp. subsidiary's $5.25 million settlement with the federal government over the alleged release of illegal levels of pollutants at a now-shuttered Washington aluminum smelting plant.

  • October 15, 2024

    EPA Says GHG Power Plant Rule Is In 'Heartland' Of Authority

    The U.S. Environmental Protection Agency is urging the D.C. Circuit to approve its plan to control greenhouse gas emissions from power plants, saying its prescribed methods for controlling releases are legally sound, effective, reliable and reasonably affordable for the facilities that must implement them.

  • October 15, 2024

    Texas Insurance Chief Denies Last-Resort Insurer's Rate Hike

    The Texas insurance commissioner rejected a 10% rate hike filed by the state's windstorm insurer of last resort, saying the increase would be unfair because of the hardships it would impose on Texas' coast.

  • October 15, 2024

    FERC Can't Pass On LNG Pipeline Review, DC Circ. Told

    The Federal Energy Regulatory Commission shirked its legal obligations when, through inaction, it effectively greenlit the expansion of a liquefied natural gas terminal in Puerto Rico, environmental and community groups told the D.C. Circuit on Friday.

  • October 15, 2024

    PE-Backed Ingram Micro Leads 2 IPOs Seeking $466M Total

    Private equity-backed information technology company Ingram Micro Holding Corp. on Tuesday unveiled a price range on an estimated $400 million initial public offering set to price next week, one of two companies to launch plans for IPOs that could net $466 million combined.

Expert Analysis

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Energy And AI: Key Issues And Future Challenges

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    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

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