Environmental

  • November 26, 2024

    Delta's Preemption Stance Flops In Seattle Jet Pollution Suit

    A Washington federal judge has declined Delta and Alaska Airlines' bid to dismiss a proposed class action filed by neighbors of Seattle's primary airport over alleged flight-path pollution, saying it's too early to tell whether the claims will be preempted by federal regulations governing air travel or plane emissions.

  • November 26, 2024

    EPA Asks Justices Not To Block Coal Ash Rule

    U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court Tuesday to reject a Kentucky electric utility's effort to halt a U.S. Environmental Protection Agency rule strengthening federal regulations requiring safe management of coal ash.

  • November 26, 2024

    Mohawk Sues PFAS Manufacturers For Fraud

    The world's largest flooring manufacturer has sued 3M Co., E.I. du Pont de Nemours and Co., The Chemours Co., and Daikin America Inc. in Georgia state court, alleging the chemical manufacturers lied about the dangers of so-called forever chemicals in order to trick the company into purchasing their products.

  • November 26, 2024

    NC Governor Says $227M Hurricane Relief Bill 'Plays Politics'

    North Carolina Gov. Roy Cooper on Tuesday vetoed a Hurricane Helene disaster relief bill in which Republican lawmakers had shoehorned measures to strip his and other Democrat-controlled offices of certain powers, calling it "sham" legislation.

  • November 26, 2024

    Maine Launches Climate Fraud Suit Against Oil Giants

    Maine Attorney General Aaron Frey slapped Exxon, Shell, Chevron and other oil giants with a complaint in state court Tuesday, echoing claims asserted by other states and municipalities across the country that the companies carried out a successful climate deception campaign for decades.

  • November 26, 2024

    EPA Overstepped With Methane Control Rule, DC Circ. Told

    The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.

  • November 26, 2024

    Illinois Landowners Blast FERC Moves On $7B Power Line

    The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.

  • November 26, 2024

    Chemical Co. Demands Defense Coverage In PFAS Foam MDL

    Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.

  • November 26, 2024

    River Group Sues Pa. Silver Refiner Over Water Pollution

    A Delaware River advocacy group has filed a Clean Water Act lawsuit against a Pennsylvania silver refinery, alleging the facility has been dumping polluted stormwater into the river.

  • November 25, 2024

    Swinomish Tribe Wants In On Tidegate Opinion Fight

    The Swinomish Indian Tribal Community has asked a Washington federal judge to let it intervene in a lawsuit by a county dike district against a U.S. government biological opinion that finds that a proposed tidegate project endangers salmon.

  • November 25, 2024

    FHWA Says Rule Doesn't 'Compel' States To Lower Emissions

    The Federal Highway Administration defended a new rule calling on states to set targets to reduce greenhouse gas emissions from federally funded highway projects, telling the Fifth Circuit in a Friday brief the rule doesn't actually compel states to lower their emissions.

  • November 25, 2024

    GATX Rips Norfolk Southern's Bid To Shift Derailment Liability

    GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.

  • November 25, 2024

    Monsanto Attacks 'Frankenstein' Ruling In $185M PCB Verdict

    Even though a lower state appellate court upended a $185 million jury verdict in a PCB tort brought by schoolteachers, Monsanto says Washington's high court should reject the part of the ruling that created a "Frankenstein's monster" that could let the teachers get around the state's ban on punitive damages in product liability cases by relying on Missouri law.

  • November 25, 2024

    Calif. Gov. Promises EV Tax Credit If Trump Axes Federal

    California Gov. Gavin Newsom on Monday said that he's preparing to save electric vehicle tax credits — at least for residents of his state — if the Trump administration and a Republican Congress eliminate federal ones.

  • November 25, 2024

    $65M Deal In Texas Drilling Suit Gets Final OK

    A Texas federal judge gave the final green light Monday to a $65 million settlement against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.

  • November 25, 2024

    Housing Project Will Pollute Public Water, Conn. City Says

    The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.

  • November 25, 2024

    Kirkland, Milbank Shape $3.5B Blackstone-EQT Corp. JV

    EQT Corp., led by Kirkland & Ellis, will form a $3.5 billion joint venture with Blackstone Credit & Insurance to take over ownership of the Mountain Valley Pipeline and other midstream assets that EQT got in its re-acquisition of Equitrans Midstream, the partners announced Monday.

  • November 25, 2024

    Kennedys Gets Green Light For Net-Zero Goal

    Kennedys said Monday its plan to reach net-zero carbon emissions by 2040 has received approval from a scheme run by a coalition of nonprofit organizations to help businesses set goals and plans to reduce their pollutants.

  • November 25, 2024

    Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'

    Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.

  • November 25, 2024

    Justices Pass On Ex-Atty's Puerto Rico Bribery Appeal

    The U.S. Supreme Court on Monday declined to review the bribery convictions of a former attorney who solicited and accepted payments from an environmental contractor to influence three Puerto Rican mayors and helped the contractor secure government contracts worth millions of dollars.

  • November 22, 2024

    Trump Makes Picks For FDA, CDC And Surgeon General

    President-elect Donald Trump on Friday ​​revealed his nominations for several health agencies, picking Johns Hopkins surgeon and professor Dr. Marty Makary for Food and Drug Administration commissioner, former Rep. Dave Weldon, R-Fla., as the Centers for Disease Control and Prevention director, and Fox News contributor Dr. Janette Nesheiwat for surgeon general.

  • November 22, 2024

    Pam Bondi's 'Greatest Hits' As Florida Attorney General

    In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.

  • November 22, 2024

    EPA Targets Stationary Combustion Turbine NOx Emissions

    The Biden administration isn't letting Donald Trump's presidential election victory block its air pollution agenda, as it proposed a rule Friday that would strengthen limits on emissions of nitrogen oxides from new gas-fired power plants and other sources.

  • November 22, 2024

    Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed

    A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.

  • November 22, 2024

    New Congress Could Undo Rules On Drinking Water, Methane

    A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.

Expert Analysis

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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