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Environmental
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August 05, 2024
Pennsylvania Legislation To Watch In 2024: A Midyear Report
The Pennsylvania Legislature is following other jurisdictions striving to make social media safer while preserving free speech, and putting stricter limits on "forever chemicals" that had been widely used in firefighting applications and products for resisting stains and stickiness. Here, Law360 looks at some of the Pennsylvania bills attorneys are watching in 2024.
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August 05, 2024
9th Circ. Denies Rehearing Bid In ESA Fish Protection Suit
The Ninth Circuit denied conservation groups' request to rehear a ruling affirming the federal government's approval of water supply contracts for the Central Valley Project in California.
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August 05, 2024
PE Firms Carlyle, Quantum Ink $3B Deal For US Power Co.
Houston-based Quantum Capital Group said Monday it has agreed to purchase Cogentrix Energy, a U.S. independent power producer, from Carlyle for about $3 billion.
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August 02, 2024
Hawaii Inks $4B Maui Wildfires Deal Ahead Of Anniversary
The state of Hawaii, Charter Communications and the state's largest utility have agreed to shell out $4 billion to resolve hundreds of lawsuits lodged after a deadly wildfire broke out in Maui nearly a year ago, Hawaii Gov. Josh Green announced on Friday.
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August 02, 2024
BigLaw Insurer Calls FirstEnergy Ruling Threat To Privilege
The Attorneys' Liability Assurance Society and the U.S. Chamber of Commerce threw their support Friday behind FirstEnergy's call for the Sixth Circuit to block investors' access to internal investigative documents produced by two BigLaw firms after a $1 billion bribery scandal became public.
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August 02, 2024
Glancy Prongay To Rep Investors In Landslide Risks Suit
Glancy Prongay & Murray LLP will represent a proposed class of investors in consolidated litigation alleging a Colorado-based mining company's unsafe practices precipitated a landslide, hurting investors when its trading prices dropped.
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August 02, 2024
Iowa, ND Move For Win In NEPA Rule Fight
States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.
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August 02, 2024
Pa. AG Wants More From Feds' Norfolk Southern Settlement
Pennsylvania's attorney general was concerned Friday that a proposed $310 million settlement with Norfolk Southern Railway — intended to cover the cleanup costs, civil penalties and community health concerns after a fiery 2023 derailment in East Palestine, Ohio — did not go far enough in making the railroad pay for healthcare costs or implement safety upgrades.
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August 02, 2024
Wolverine, Travelers Drop Coverage Claims Over PFAS Suits
Footwear company Wolverine and various Travelers units have agreed to end their coverage battle over underlying lawsuits accusing the company of injuring individuals through its leather tannery operations and exposing individuals to so-called forever chemicals, the parties told a Michigan federal court.
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August 02, 2024
Challengers To Ga. Utility Panel Elections Want Another Shot
The plaintiffs behind a lawsuit that initially succeeded in challenging the allegedly discriminatory method for electing Georgia's Public Service Commission on Thursday asked a federal judge for permission to amend their complaint after the Eleventh Circuit refused to revisit an earlier panel decision upholding the electoral system.
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August 02, 2024
Paper Cos. Challenge Superfund Liability At 6th Circ.
International Paper Co. and Weyerhaeuser Co. on Thursday asked the Sixth Circuit to reverse a Michigan federal judge who found that they can be sued for future cleanup costs of a Michigan Superfund site.
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August 02, 2024
Navajo Restrict Radioactive Transport On Reservation Lands
For the next six months, no radioactive material can be transported across the Navajo Nation's reservation without prior agreement with the country's largest federally recognized tribe, according to an executive order signed by President Buu Nygren.
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August 02, 2024
8th Circ. Says Mining Co. Can't Escape Peruvians' Claims
The Eighth Circuit refused to overturn a ruling greenlighting litigation filed by more than 1,400 Peruvian nationals against U.S. billionaire Ira Rennert and his holding company The Renco Group seeking to hold them liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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August 02, 2024
Mich. AG Says Enbridge 6th Circ. Rehearing Bid Is Meritless
Michigan Attorney General Dana Nessel is fighting Enbridge Energy's bid for a full Sixth Circuit rehearing on a decision to send a challenge to its Line 5 pipeline back to state court, saying none of the company's arguments against remand are viable.
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August 02, 2024
Former ABA President, Maynard Cooper Founder, Dies At 74
Alabama lawyer H. Thomas "Tommy" Wells Jr., the 2008-2009 American Bar Association president and founder of one of the firms that merged to create Maynard Cooper & Gale PC, died Wednesday. He was 74.
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August 02, 2024
SEC Narrows Its Rulemaking Focus As Election Looms
The U.S. Securities and Exchange Commission's aggressive rulemaking spree is showing signs of dwindling as November elections loom, although several proposals could be primed for autumn votes if regulators wish to tackle hot-button topics.
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August 02, 2024
Tribes Seek Commission's Help On Canada Mining Policy
A consortium of southeast Alaska tribes is urging the Inter-American Commission on Human Rights to call on Canada and British Columbia to formally consult and obtain their "free, prior and informed consent" ahead of looming permitting decisions for the Eskay Creek gold mine.
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August 02, 2024
Taxation With Representation: Sullivan, Dechert, Kirkland
In this week's Taxation With Representation, BNP Parabis SA acquires an investment management subsidiary for €5.1 billion, Cleveland accounting firm CBIZ merges with competitor Marcum for $2.3 billion, and Arcosa Inc. inks a deal with a family-owned construction materials business for $1.2 billion.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 02, 2024
Iberdrola To Buy 88% Of UK Electric Power Co. In $5.5B Deal
Spanish electric utility company Iberdrola said Friday it plans to buy 88% of Electricity North West in a deal that values the British electric power network at roughly €5 billion ($5.5 billion), including debt.
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August 01, 2024
Toyota Accused Of Blocking Rival Hydrogen Fueling Station
Owners of hydrogen-powered Toyota Mirais are suing the automaker, claiming in a proposed class action that Toyota blacklisted a California State University fuel station and has its "boot on the necks" of other hydrogen pump operators in the state.
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August 01, 2024
Monsanto Wants Wash. Justices To Deny PCB Tort Petition
Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.
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August 01, 2024
Mich. Justices Uphold Tighter Manure Discharge Regs
A split Michigan Supreme Court on Wednesday upheld state regulators' increased protective permit conditions for animal feeding operations and said challengers to those conditions must fully exhaust administrative appeals before they can bring the issue to court.
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August 01, 2024
Kirkland & Ellis Guides Arcosa On $1.2B Stavola Buy
Texas infrastructure products company Arcosa Inc., advised by Kirkland & Ellis LLP, has agreed to buy the family-owned construction materials business of Stavola Holding Corp. for $1.2 billion, moving forward in its "long-term vision" that includes increasing its aggregates presence across the U.S., Arcosa announced Thursday.
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August 01, 2024
Calif. AG Says States Opposing 'Clean Fleets' Law Tout EVs
California's Attorney General Rob Bonta looked to slam the brakes Wednesday on a legal challenge brought by 16 states against the Golden State's Advanced Clean Fleets regulation, saying the complaint must be dismissed for lack of standing because the states themselves are encouraging electric vehicle production.
Expert Analysis
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
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.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
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.
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Series
Glassblowing Makes Me A Better Lawyer
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.
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3 Surprising Deposition Dangers Attorneys Must Heed
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.
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Best Practices For Chemical Transparency In Supply Chains
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.
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How Associates Can Build A Professional Image
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.
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Navigating New Safe Harbor For Domestic Content Tax Credits
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.
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Emerging Trends In ESG-Focused Securities Litigation
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.
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Firms Must Rethink How They Train New Lawyers In AI Age
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.
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'Energy Communities' Update May Clarify Tax Credit Eligibility
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.