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Environmental
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August 30, 2024
Feds Propose Tribal Oversight Of Utah National Monument
Nearly 2 million acres of public lands within Utah's Grand Staircase-Escalante National Monument will be managed by a co-stewardship of tribal nations, with a focus on conservation and preservation, according to a proposed plan by the U.S. Bureau of Land Management.
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August 30, 2024
Condo Board Coverage Suit Over Maui Wildfire Gets Tossed
A Hawaii federal judge tossed an insurer's suit seeking to avoid representing a condo association and property manager after owners sent a letter blaming the association for illegally having insufficient insurance before the 2023 Maui wildfires decimated Lahaina, concluding matters were best left to Hawaii state court.
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August 30, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.
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August 30, 2024
Fall IPO Pickup Could Be A Prelude For 2025 Recovery
More companies are preparing to go public after Labor Day, signaling a modest increase in initial public offerings that capital markets advisers say could presage a stronger recovery in 2025, assuming next year brings more clarity regarding interest-rate policy and the result of the presidential election.
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August 30, 2024
Rule Aims To Widen Low-Income Green Electricity Tax Credits
Geothermal, hydropower, nuclear fusion and nuclear fission projects would be among the types of electricity facilities that could be eligible for clean electricity low-income community bonus credit amounts starting in 2025, the Internal Revenue Service and U.S. Treasury Department said in proposed rules released Friday.
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August 29, 2024
Greens Urge EPA To Strip NC Of Right To Protect Clean Water
Environmental groups are calling on the U.S. Environmental Protection Agency to revoke North Carolina's authority to regulate water pollution, saying North Carolina lawmakers have systematically undermined state regulators to the point where they can no longer effectively protect state waters.
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August 29, 2024
Texas' Anti-ESG Law Is Unconstitutional, Green Biz Org Says
A sustainability-focused business group on Thursday sued Texas state officials in federal court seeking to block a law that restricts state investments with financial firms and businesses that want to reduce their reliance on fossil fuels.
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August 29, 2024
States, Industry Ask High Court To Block EPA Methane Rule
A group of states and fossil fuel industry players have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision not to block the implementation of a U.S. Environmental Protection Agency final rule strengthening methane emissions control requirements for oil and gas infrastructure.
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August 29, 2024
DOI Stands By Its Mining Ban On 28M Acres In Alaska
The U.S. Department of the Interior has finalized a decision to continue protections on 28 million acres of land in Alaska, a move that bans oil and gas drilling activity in the region and reverses a decision made in the Trump administration's final days to open up the area for development.
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August 29, 2024
Ill. Judge Overrules Dismissal For 6 Paraquat Cases
An Illinois federal judge on Wednesday declined to dismiss several cases in multidistrict litigation over the herbicide paraquat, finding that even though counsel didn't fill out questionnaires on time, it was because he was left the sole attorney in the firm after others quit.
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August 29, 2024
Feds Ask The Supreme Court To Reverse NEPA Railway Ruling
The U.S. Surface Transportation Board has told the U.S. Supreme Court that the D.C. Circuit was wrong to revoke the agency's approval of a rail line to transport crude oil from Utah, saying the appeals court went beyond what the law requires for environmental reviews.
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August 29, 2024
5th Circ. Got Biofuel Ruling Right, Refiners Tell Justices
The U.S. Supreme Court shouldn't review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, the refiners told the justices Wednesday.
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August 29, 2024
SunPower Eyes Sept. Auction As IP Objection Nixed For Now
A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.
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August 29, 2024
Deals Rumor Mill: Ackman IPO, Covestro Takeover, Trinitech
Bill Ackman is reviving plans for an initial public offering of his new closed-end fund, Abu Dhabi National Oil Company is inching closer to launching a takeover of plastics company Covestro, and private equity owners are exploring a $2 billion sale of financial software firm Trintech. Here, Law360 breaks down these and other notable deal rumors from the past week.
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August 29, 2024
Trade Court Wants More Info To Decide Generator's Duty Rate
A U.S. Court of International Trade judge won't yet resolve whether a Korean energy company could import the supermodule for its hydrogen fuel cell generator into the U.S. duty-free, saying he needs more information on the product.
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August 29, 2024
Agency Says Homeowner's Appeal Question Is Too Late
An insurance agency pushed North Carolina's Supreme Court to toss a homeowner's appeal on whether the court erred by having heightened pleadings standards for punitive damages against corporations, arguing the deadline for debating the issue had passed.
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August 29, 2024
Judge Asked To OK Settlement For Halliburton CERCLA Suit
Halliburton and more than 30 companies seeking to recover costs associated with the cleanup of long-accumulated contamination at a Superfund site have struck a settlement in California federal court in an attempt to bring to a close a decade of litigation.
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August 29, 2024
Nippon Pledges $1.3B For US Steel In Quest For US Approval
Nippon Steel Corp. has pledged to inject an additional $1.3 billion into United States Steel Corp. facilities as the Japanese company looks to get over the finish line with U.S. regulators on its controversial $14.9 billion merger proposal.
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August 29, 2024
Marathon Oil Stockholders Approve $23B ConocoPhillips Deal
Marathon Oil Corp. said Thursday it has received the necessary stockholder approval for its pending $22.5 billion merger with ConocoPhillips, as the companies race to get the deal done amid an ongoing U.S. regulatory review.
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August 29, 2024
IRS Corrects Partnership Conservation Easement Limit Rules
The Internal Revenue Service issued corrections Thursday to finalized rules that curb the conservation easement tax deduction claimed by certain partnerships under the Secure 2.0 Act.
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August 29, 2024
Kirkland Guiding Oneok On $5.9B Energy Infrastructure Deals
Kirkland & Ellis LLP is guiding Oneok Inc. on agreements to purchase Global Infrastructure Partners' interest in EnLink Midstream LLC for $3.3 billion, and GIP's interest in Medallion Midstream LLC for $2.6 billion, expanding Oneok's energy transport and storage capabilities in the Permian Basin and Gulf Coast, the company said in a statement Thursday.
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August 28, 2024
Utah Counties Tell Justices DC Circ. Took NEPA Too Far
A coalition of seven Utah counties called on the U.S. Supreme Court on Wednesday to upend a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah, arguing the ruling saddles the U.S. Surface Transportation Board with "endless make-work far outside its wheelhouse."
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August 28, 2024
6th Circ. Frees Mich. City, Mayor From Lead Pollution Suit
The Sixth Circuit on Wednesday tossed all but one remaining defendant from a proposed class action filed by residents of Benton Harbor, Michigan, over elevated lead levels found in the city's tap water, finding allegations that the mayor misled the public to be vague and conclusory.
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August 28, 2024
Red States Raise Alarm Over Methane Rule Retroactivity
Republican led-states and industry groups have called on a Tenth Circuit panel to reconsider its decision to vacate a district court ruling that partially invalidated an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, arguing it could lead to retroactive enforcement of the rule.
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August 28, 2024
9th Circ. Rejects Brady Violation Claim In CWA Conviction
The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.
Expert Analysis
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EU Directive Significantly Strengthens Enviro Protection
The recently revised European Union directive on environmental protection significantly strengthens its prior legislation and broadens the scope of environmental crime through the introduction of offenses for conduct resulting in severe damage, say Katharina Humphrey and Julian Reichert at Gibson Dunn.
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How Act 126 Will Jump-Start Lithium Production In Louisiana
Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.
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Legal Battles Show Brands' Dilemma In Luxury Resale Trend
Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.