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Environmental
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November 13, 2024
Conn. PFAS Judge Vexed By 'Messy' Pollution Source Query
A Connecticut federal judge weighing the state's motion to remand a pollution lawsuit against 3M and other companies warned Wednesday that the government was advancing "messy" arguments about the sources of contamination, although he did find the case "interesting."
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November 13, 2024
A 3M PFAS Win Could Be Hollow, Mich. Justice Suggests
Michigan Supreme Court justices asked Wednesday what it would mean to invalidate the state's regulations on so-called forever chemicals in drinking water, with one justice commenting that winning the case might be of little consequence for 3M, the company that brought the challenge, while undoing protections for the water supply.
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November 13, 2024
Md. Electricity 'Greenwashing' Law Is A Muzzle, Judge Told
A Maryland law attempting to crack down on electricity suppliers' "greenwashing" claims unconstitutionally mandates companies speak about their product in a way that conforms to what the state considers "sustainable energy," a renewable energy company and an advocacy organization argued in Maryland federal court.
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November 13, 2024
Indigenous Groups Can Join Colombia's Fight With Glencore
An international tribunal has agreed to allow two Indigenous Wayuu communities to express their views about a massive mining project's water use in an arbitral dispute between commodities giant Glencore International AG and the Republic of Colombia.
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November 13, 2024
EPA Tells DC Circ. That Mercury Rule Is Sound
The U.S. Environmental Protection Agency told the D.C. Circuit that opponents of its rule strengthening standards for mercury and other toxic air emissions at power plants are seeking to hamstring the agency with a too-narrow interpretation of the Clean Air Act.
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November 13, 2024
Judge To Confirm Ambri Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.
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November 13, 2024
LNG Co. Says Full DC Circ. Must Revive Texas Project
The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.
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November 13, 2024
NC Wetlands Developer Wants 4th Circ. To Revive Projects
A North Carolina landowner has urged the Fourth Circuit to block a new rule defining the scope of the Clean Water Act, arguing that the new rule saddles him with "extraordinary compliance costs" for wetland development projects and goes beyond the law's actual scope.
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November 13, 2024
Mass. AG Ready To Reprise Office's Role As Trump Foil
Taking a page from her predecessor's book, Massachusetts Attorney General Andrea Joy Campbell told Law360 she is hoping to work with the incoming Trump administration, but the Democrat said she is nevertheless prepared to use her office's "significant tools and power" to challenge actions she feels are at odds with her constituents' interests.
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November 13, 2024
Trump Taps DOJ Critic Matt Gaetz For Attorney General
President-elect Donald Trump on Wednesday nominated Rep. Matt Gaetz to be the next U.S. attorney general, seeking to elevate a close political ally to lead a Justice Department that the Florida lawmaker has sharply criticized and that last year declined to charge him in a sex-trafficking investigation.
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November 13, 2024
EPA Effluent Rule Is Fatally Flawed, 8th Circ. Told
Republican-led states, utilities and industry groups called on the Eighth Circuit to vacate the U.S. Environmental Protection Agency's rule setting new wastewater limitations for coal-fired power plants, saying it is based on economically unavailable technologies in an effort to further the Biden administration's goal of shuttering coal plants.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Ga. Judge Tosses Feral Horses Island Enviro Suit
A Georgia federal judge encouraged the National Park Service to better manage the feral horses of Cumberland Island, even as she dismissed a lawsuit alleging federal and state agencies mistreated the animals and allowed them to trample the habitat, eggs and nests of endangered sea turtles and piping plovers.
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November 12, 2024
Trump Pick To Lead EPA Is Loyal, Would Learn On The Job
President-elect Donald Trump prioritized loyalty and a demonstrated ability to carry out his priorities with his announcement that he intends to nominate a former congressman from New York state to lead the U.S. Environmental Protection Agency.
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November 12, 2024
Split DC Circ. Says White House Can't Issue NEPA Regs
A divided D.C. Circuit determined Tuesday that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act, finding there is no statutory language showing Congress empowered it to do so.
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November 12, 2024
Mich. High Court Snapshot: 3M's PFAS Fight, Detroit Fire Fees
The Michigan Supreme Court returns to the bench Wednesday in a packed oral argument sitting, including a major case on the viability of state PFAS regulations in a challenge brought by 3M Co.
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November 12, 2024
Kentucky Plunges Into 2nd Challenge To Waters Of US Rule
Kentucky has refiled its lawsuit challenging the U.S. Environmental Protection Agency's rule defining the scope of the federal government's jurisdiction under the Clean Water Act, after the Sixth Circuit found that a federal district judge improperly dismissed the case.
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November 12, 2024
Wash. Labor Dept. Wants Out Of Union's Farm Wage Claims
The Washington Employment Security Department wants to escape a farmworker union's Administrative Procedure Act challenge to the U.S. Department of Labor's prevailing wage rules in federal court, saying that the law isn't applicable to state agencies.
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November 12, 2024
Feds Want Pasadena Claims Tossed In Caltech Pollution Suit
The U.S. government is urging a California federal court to throw out cross-claims from the city of Pasadena in a suit over groundwater contamination from the Jet Propulsion Laboratory's work in the mid-20th century, saying the city is wrongly conflating claims against the California Institute of Technology and the government.
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November 12, 2024
EPA Finalizes Waste Emissions Charge For Oil, Gas Facilities
The U.S. Environmental Protection Agency on Tuesday issued a final rule implementing a waste emissions charge aimed at slashing methane emissions from high-emitting oil and gas facilities by 1.2 million metric tons through 2035.
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November 12, 2024
Trump's 'Pro-Business' Agenda Could Be A Boon For M&A
President-elect Donald Trump's "pro-business" priorities and an anticipated relaxation of antitrust scrutiny are expected to boost mergers and acquisitions activity, but his tariff plan may have mixed results across sectors — and select deals could be subject to his "unpredictability," attorneys told Law360.
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November 12, 2024
Nuke Discharge Law Doesn't Usurp Feds, NY Says
A New York state law banning discharges of radioactive material into the Hudson River is aimed at protecting the local economy as the Indian Point nuclear power plant is decommissioned and therefore isn't federally preempted, the Empire State told a federal judge Friday.
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November 12, 2024
Skadden Adds Former Solar Company General Counsel In DC
Skadden Arps Slate Meagher & Flom LLP has hired the former general counsel of solar company Summit Ridge Energy to beef up its energy and infrastructure practice in Washington, D.C., the firm announced on Tuesday.
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November 12, 2024
Supreme Court Won't Revive Youth Climate Suit
The U.S. Supreme Court on Tuesday said it will not undo the Ninth Circuit's order allowing the dismissal of a lawsuit filed by youth plaintiffs who accuse the federal government of endangering their futures with policies that exacerbate climate change.
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November 12, 2024
Shell Gets Dutch Climate Emissions Ruling Overturned
A Dutch appeals court has overturned a landmark ruling that ordered Shell to reduce its carbon emissions, finding on Tuesday that there was no "social standard of care" requiring the oil and gas producer to meet legally imposed climate targets.
Expert Analysis
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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.
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Think Like A Lawyer: Always Be Closing
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.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
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.