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Environmental
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December 23, 2024
BREAKING: Gaetz Sues To Block Release Of House Ethics Report
Former U.S. Rep. Matt Gaetz filed a lawsuit Monday morning to stop the release of an ethics committee's investigative report on his alleged sexual misconduct and drug use, arguing that the committee no longer has jurisdiction over him because he has resigned from Congress and is a private citizen.
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December 20, 2024
Colo. Panel Upholds Antero's $215M Wastewater Contract Win
A Colorado appellate panel will hold a wastewater solutions firm to a $215 million judgment for breaching salt standards in a contract to build a fracking water treatment plant for Antero Resources, recognizing an email referencing the criteria as a part of a change order and thus the deal itself.
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December 20, 2024
A Look Back At 2024's Major Securities Litigation Moments
The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.
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December 20, 2024
Top Government Contracts Of 2024: Year In Review
This year, the U.S. General Services Administration made dozens of awards for two massive, uncapped governmentwide deals, while the U.S. Department of Energy awarded more than $70 billion both for making nuclear weapons and cleaning up their legacy. Here, Law360 looks at seven of the biggest government contracts awarded in 2024.
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December 20, 2024
The Biggest Climate Change Rulings Of 2024: Year In Review
Federal courts delivered several rulings this year that are expected to significantly impact future climate change litigation and policy development, including Supreme Court decisions reshaping administrative law and D.C. Circuit findings on project development and automotive emissions controls. Here are the four biggest climate change decisions of 2024.
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December 20, 2024
Top Product Liability Cases Of 2024
Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation.
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December 20, 2024
DC Circ. Says Toxic Subtances Rule Threatens Trade Secrets
A D.C. Circuit panel on Friday threw out a facet of new Toxic Substances Control Act regulations that the judges said could lead to the unwanted disclosure of chemical manufacturers' trade secrets.
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December 20, 2024
Camp Lejeune Toxic Water Litigants Cite EPA's Chemical Ban
Veterans and family members who claim they were injured due to contaminated water at Camp Lejeune will use the Biden administration's final rule banning certain chemicals to prosecute their case over toxic water at the Marine base, according to a notice they filed in North Carolina federal court.
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December 20, 2024
Feds, Osage Nation Score Damages Win In Wind Farm Suit
An Oklahoma federal judge has ended a decade of litigation involving the Osage Nation, the U.S. government and Enel Green Power North America, ordering the company to pay more than $300,000 in damages and attorney fees and to remove 84 wind turbines from the tribe's reservation.
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December 20, 2024
FTA Proposes Buy America Waiver For Electric Minibuses
The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.
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December 20, 2024
EPA Releases Recommendations For PFAS In Bodies Of Water
The U.S. Environmental Protection Agency on Thursday released draft recommendations for the amounts of per- and polyfluoroalkyl substances, or PFAS, for bodies of water that, when finalized, can be used by states and tribes.
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December 20, 2024
EPA Administrator Stepping Down At End Of December
U.S. Environmental Protection Agency Administrator Michael Regan on Friday announced that he's stepping down at the end of December, after a nearly four-year term that was punctuated by high-profile climate, water and chemical regulations and ambitious environmental justice initiatives.
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December 19, 2024
Monsanto PCB Trial Groups Can Grow, Wash. Judge Says
A Washington state judge laid out a plan on Wednesday to consolidate a series of alleged chemical poisoning cases pending against Monsanto in connection to an Evergreen State school, largely rejecting the company's arguments that it would be prejudiced if plaintiffs merged into larger trial groups.
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December 19, 2024
Texas Firm Beats Arnold & Itkin DQ Bid In Hurricane Zeta MDL
A Texas state judge Thursday denied Arnold & Itkin LLP's bid to disqualify the law firm defending a drilling rig owner in litigation stemming from Hurricane Zeta, finding that Arnold & Itkin hasn't established that a defense lawyer who had worked for the firm was involved in anything substantially related to the current litigation.
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December 19, 2024
CFTC Urges 7th Circ. To Uphold $231M Crypto 'Ponzi' Penalty
The U.S. Commodity Futures Trading Commission has urged the Seventh Circuit to uphold a $231.5 million judgment against a man they say ran a cryptocurrency Ponzi scheme, arguing it is "undisputed" that the agency has authority to regulate the trading of bitcoin and ether.
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December 19, 2024
Judge Says Some Paraquat Plaintiffs Being Left In Dark
Amid a hearing targeting fall 2025 for a first bellwether trial over the alleged link between the pesticide paraquat and Parkinson's disease, an Illinois federal judge told plaintiffs' lawyers to keep in better touch with their clients after her chambers received calls from plaintiffs wondering what's happening with their cases.
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December 19, 2024
Groups Say CARB Fuel Program Will Spur Environmental Harms
Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 19, 2024
FERC Chair Plays Coy On Impact Of LNG Export Study
Willie Phillips, chairman of the Federal Energy Regulatory Commission, wouldn't say on Thursday how the agency would incorporate a recently released federal study on the economic and environmental effects of liquefied natural gas exports into its reviews of proposed export terminals, and cited limits on FERC's authority.
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December 19, 2024
Mining Co. Wants Out Of Investor Suit Over Turkey Landslide
Colorado-based SSR Mining Inc. has asked a federal judge to drop a shareholder lawsuit alleging the company understated the likelihood of a deadly February landslide at its Turkish mine, arguing that the company sufficiently warned the public of potential catastrophes and that its executives had no knowledge of deficiencies at the mine.
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December 19, 2024
$1.1B Diablo Canyon Award Challenge Meets Skeptical Judge
A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.
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December 19, 2024
Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight
A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.
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December 19, 2024
$1.2B Sought From Phillips 66 After $605M Trade Secrets Win
A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.
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December 19, 2024
Graphite Cos. Seek Up To 920% Tariffs On Chinese Products
A group of graphite producers is asking the federal government to impose tariffs as high as 920% on Chinese rivals to hamper that country's alleged tactics of producing and exporting natural and synthetic graphite at low, unfair prices.
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December 19, 2024
Michigan's Biggest Decisions Of 2024
This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.
Expert Analysis
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.