Environmental

  • February 13, 2025

    9th Circ. Revives Air Force Guam Munitions Disposal Dispute

    The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.

  • February 13, 2025

    NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud

    The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.

  • February 13, 2025

    Origin Investors Fixed 'Fatally Vague' Fraud Claim, Judge Says

    A California federal judge has ruled that investors' fraud claims against sustainable materials-maker Origin Materials and its co-CEO can move forward, saying the plaintiffs have provided additional details from a confidential witness the judge previously found to be "fatally vague."

  • February 13, 2025

    Mass. Auto Telematics Data Law Not Preempted, Judge Says

    A Boston federal judge's dismissal of an auto industry group's challenge to a Massachusetts vehicle telematics data law centered on a limited interpretation of the statute's reach and the lack of a clear conflict with federal laws, according to an order unsealed Thursday explaining the decision.

  • February 13, 2025

    DC Judge Says Utah Tribe Can't Restore Reservation Lands

    A District of Columbia federal judge refused to hand over ownership of federally managed land in a Utah reservation to a Utah tribe, ruling Thursday that the tribe wasn't entitled to ownership.

  • February 13, 2025

    Buyer Seeks $3.5M Price Cut Over Bungled Conn. Mill Cleanup

    A property developer has asked a Connecticut Superior Court judge to lower the purchase price of a polluted industrial site in Branford from $6 million to $2.5 million, saying the seller failed to develop legitimate remediation plans and breached a settlement agreement that ended prior litigation.

  • February 13, 2025

    EPA Boss Says Biden Admin Wrongly Ceded Control Of $20B

    The U.S. Environmental Protection Agency's new leader said Thursday that $20 billion Congress appropriated for an EPA grant program had been inappropriately transferred outside the agency and is lacking adequate supervision — a claim disputed by a Biden-era official.

  • February 13, 2025

    EPA Asks 5th Circ. To Pause State Ozone Plan Decision

    The U.S. Environmental Protection Agency asked the Fifth Circuit to hold off on deciding whether it was allowed to deny three states' plans to comply with federal ozone standards to give the Trump administration time to evaluate the rule at the center of the litigation.

  • February 13, 2025

    White & Case Environmental Partner Moves To Weil In NY

    Weil Gotshal & Manges LLP announced Thursday that it has hired a White & Case LLP environmental law partner for its regulatory transactions group in New York.

  • February 13, 2025

    Tribe Can't Revisit $16M Ovintiv Settlement, Feds, Utah Say

    The U.S. government and Utah urged a federal judge to reject a tribe's bid to challenge a $16 million Clean Air Act consent decree with Ovintiv USA Inc., arguing that its comments on the settlement were already considered and rejected.

  • February 13, 2025

    Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits

    The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.

  • February 13, 2025

    Orrick Hires Former Head Of A&O's Restructuring Practice

    The former head of Allen & Overy's U.S. restructuring practice prior to A&O's transatlantic merger with Shearman & Sterling has joined Orrick Herrington & Sutcliffe LLP in New York.

  • February 12, 2025

    Republican Senators Float Ending EV Tax Credits

    Republican lawmakers in the Senate on Wednesday unveiled a bill that would end electric vehicle and charging station tax credits that they dubbed "reckless."

  • February 12, 2025

    Avangrid Unit's Counterclaim Cut From Plant Cleanup Fight

    The United Illuminating Co. cannot assert a counterclaim against the commissioner of Connecticut's energy regulator as they battle over the cleanup of the defunct and polluted English Station power plant in New Haven because the utility has not overcome the state's sovereign immunity, a state court has ruled.

  • February 12, 2025

    OCC Departs International Network Focused On Climate Risks

    The Office of the Comptroller of the Currency on Tuesday became the latest U.S. government entity to withdraw from the Network of Central Banks and Supervisors for Greening the Financial System, an international consortium focused on the financial sector's responses and resilience to climate change.

  • February 12, 2025

    Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits

    Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.

  • February 12, 2025

    GOP Sens. Pitch $1K Tax On EVs To Boost Highway Fund

    Republican senators on Wednesday proposed legislation that would establish a $1,000 tax on all new electric vehicles to help bolster a federal fund that pays for highway, road, bridge and transit upgrades nationwide.

  • February 12, 2025

    USPTO Ends Fast Exams Of Patents Targeting Climate Change

    The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.

  • February 12, 2025

    RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal

    A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.

  • February 12, 2025

    5th Circ. OKs Drop Of Litigation Over Biden-Era GHG Rule

    The Fifth Circuit has signed off on the Trump administration's decision to cease litigation over a Biden-era rule that required states to set targets for reducing greenhouse gas emissions tied to federally funded highway projects.

  • February 12, 2025

    Gore-Tex Maker Accused Of Greenwashing Waterproof Fabric

    W.L. Gore & Associates has been slapped with a proposed class action in Washington federal court accusing it of embarking on a "greenwashing" campaign by touting its Gore-Tex waterproof fabric as being environmentally sound, while concealing from customers it uses forever chemicals in manufacturing the material.

  • February 12, 2025

    Trump Nominates New EPA Air, Water, Legal Division Leaders

    President Donald Trump on Tuesday nominated new leaders for the U.S. Environmental Protection Agency's legal, air, water and financial offices, all of whom are veterans of his first term.

  • February 12, 2025

    Nippon-US Steel Redo Under Trump Could Be A Win-Win

    After President Donald Trump said he wants Japan's Nippon Steel to "invest" in U.S. Steel and not buy it outright as originally planned, experts say the steelmakers could still arrive at a win-win transaction if they are willing to go back to the drawing board.

  • February 12, 2025

    Dentons Adds Indianapolis Attorney To Energy Practice

    Dentons bolstered its energy practice in Indianapolis with the hire of Matthew Neumann, an attorney advising developers, investors and other parties on energy project development in Indiana and the Midwest.

  • February 12, 2025

    Trump Taps Wright Ally For Energy Dept. Post

    President Donald Trump on Tuesday submitted nominations for several key posts within the U.S. Department of Energy, including an official from Energy Secretary Chris Wright's former oilfield services company to lead the agency's renewable energy office.

Expert Analysis

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • What Trump Presidency May Mean For Climate Reporting

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    While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.

  • Expect Surging Oil And Gas Industry Under New Trump Admin

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    Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

  • SEC Action Indicates Continued Focus On ESG Disclosures

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    The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Key Plaintiff Litigation Strategies For Silicosis Lawsuits

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    A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • What's Still Up In The Air After Ruling On Calif. Climate Laws

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    A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Cos. Should Inventory Issues To Prep For New Congress

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    As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.

  • Conservation Easement Cases Weave Web Of Uncertainty

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    Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.

  • Trump Fossil Fuel Focus Won't End Interest In Clean Energy

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    A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.

  • EPA's New Lead Pipe Rule Leaves Key Questions Unanswered

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    The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

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