Environmental

  • September 10, 2024

    Prime Hydration Beats Most Beverage PFAS Claims, For Now

    A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.

  • September 10, 2024

    2024's Top Rulings In Native American Law

    The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.

  • September 10, 2024

    Keurig To Pay SEC $1.5M Over K-Cup Recyclability Claims

    The U.S. Securities and Exchange Commission on Tuesday ordered Keurig Dr. Pepper to pay a $1.5 million penalty and refrain from filing inaccurate information in its annual reports to settle allegations that it inaccurately claimed that its K-Cup coffee and tea pods were effectively recyclable.

  • September 10, 2024

    Fulcrum BioEnergy Files For Ch. 11 In Delaware

    Fulcrum BioEnergy Inc., a company that endeavors to make sustainable aviation fuel, filed for Chapter 11 protection late Monday in Delaware, listing up to $500 million in debt.

  • September 10, 2024

    Ariz. Gov. Can Join Monument Suit, Tribes and Enviros Sit Out

    The state of Arizona can intervene in a fight over the Biden administration's creation of a national monument on an Indigenous site, but groups of tribes and conservation organizations aren't allowed in the suit, at least for now, a federal judge ruled Monday.

  • September 10, 2024

    Brookfield Pledges Over $1B To Ultra-Low Carbon E-Fuels Co.

    Brookfield will pump up to $1.05 billion into Infinium and its electrofuels platform, in what the asset management giant said Tuesday is its first direct sustainable aviation fuels investment.

  • September 10, 2024

    IRS Extends Tax Deadlines For NY, Conn. Storm Victims

    Victims of severe storms and flooding in New York and Connecticut will have more time to file some tax returns and make estimated payments, the Internal Revenue Service announced Tuesday.

  • September 10, 2024

    Biofuel Group Wants Renewable Fuel Redo At DC Circ.

    Growth Energy said a D.C. Circuit panel erred when it said the U.S. Environmental Protection Agency should have exempted small petroleum refiners from renewable fuel blending requirements and held the biofuel trade group didn't have standing to challenge alternative compliance actions the agency later enacted.

  • September 10, 2024

    'Structuring Issue' Snarls TC Energy's CA$1B Pipeline Deal

    Canadian natural gas company TC Energy on Tuesday paused its planned CA$1 billion ($736.7 million) sale of a minority stake in a pipeline system and assets to an Indigenous-owned buyer, citing a "transaction structuring issue."

  • September 09, 2024

    DC Judge Won't Halt Colo. Trail Over Radiation Concerns

    A D.C. federal judge will allow a trail development project in Colorado's Rocky Flats National Wildlife Refuge to move forward, rejecting a preliminary injunction bid from environmental and public health groups that claimed federal regulators disregarded unsafe levels of radiation in the area when authorizing the project.

  • September 09, 2024

    Judge Won't End Mich. Dam Flooding Suit Before Discovery

    A Michigan judge said Monday it would be premature to free the state from liability for two dams' collapse before further discovery, telling government lawyers he would be reversed "in a nanosecond" if he ended the suit so soon.

  • September 09, 2024

    EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told

    The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.

  • September 09, 2024

    Investment Firm Can't Fell Timber Co.'s Carbon Offset Suit

    The North Carolina Business Court has trimmed a timber company's lawsuit accusing a forestland investment firm of overstating land's carbon offset value in a sale, but let most of the claims escape being felled, reasoning that the timber company's complaint alleged plausible accusations of contract violations.

  • September 09, 2024

    5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win

    The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.

  • September 09, 2024

    Red States, Industry Look To Sink EPA Vehicle Emissions Rule

    The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.

  • September 09, 2024

    FERC Botched Tenn. Pipeline Approval, Enviro Orgs Tell DC Circ.

    The Federal Energy Regulatory Commission relied on a botched climate change analysis to unlawfully approve a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is set to replace a coal-fired plant, environmentalists told the D.C. Circuit.

  • September 09, 2024

    Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal

    Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.

  • September 09, 2024

    Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'

    A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.

  • September 09, 2024

    Five Point Energy Clinches 4th Fund With $1.4B In Tow

    Sustainable infrastructure-focused private equity shop Five Point Energy LLC on Monday announced that it clinched its fourth fund above target after securing $1.4 billion from investors.

  • September 09, 2024

    EPA Enforcement Alert Issued For Illegal HFC Imports

    The U.S. Environmental Protection Agency said it is cracking down on illegal imports of hydrofluorocarbons, potent greenhouse gases that are used in refrigeration and air-conditioning and slated to be phased down.

  • 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.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • 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.

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