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Environmental
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March 06, 2025
Fintech Startup Klarna Ready For $1B IPO, Plus More Rumors
Fintech startup Klarna is readying a $1 billion initial public offering, Apollo Global Management is keen to lead a $35 billion funding package to help Meta build new data centers, and Italian fashion house Prada is near to closing a $1.6 billion deal to acquire luxury clothier Versace from Capri Holdings Ltd.
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March 06, 2025
Tribal Water Rights Bills Advance To US Senate Floor
A slew of tribal water rights settlement bills are heading to the U.S. Senate for review, and, if approved, they will allow for the completion of multimillion-dollar infrastructure projects, sustainable management and the delivery of drinking water to several Indigenous communities.
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March 06, 2025
Senate Dems Press Citibank To Thaw Frozen EPA Grant Funds
A group of Democratic U.S. senators on Thursday urged Citibank to immediately release federal funding that's been frozen as the U.S. Environmental Protection Agency investigates how a climate change grant program was run.
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March 06, 2025
Pigment Co. Not Covered For Asbestos Suits, Court Told
A Liberty Mutual unit doesn't owe coverage to a cosmetic pigment manufacturer in underlying suits alleging injury from exposure to asbestos-containing materials, it told a New York federal court, saying certain claims fall outside the scope of coverage because they're not based on the company's work.
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March 06, 2025
Trump Administration Ordered To Release Funds To States
A Rhode Island judge on Thursday ordered the Trump administration to stop withholding funds from states, saying an executive order freezing federal grants, loans and other payments approved by Congress "fundamentally undermines" the separation of powers and is causing irreparable harm.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas
The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
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March 05, 2025
Union Says DOI Mischaracterized Ariz. Solar Project Site
A Laborers' International Union of North America local has urged an Arizona federal court to throw out the U.S. Department of the Interior's approval of a large-scale solar facility on public lands, saying the agency misstated the project site's baseline conditions.
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March 05, 2025
Enviro, Transit Groups Back NY In Congestion Pricing Battle
Transit and environmental advocates have sought to join the legal fight to preserve New York City's congestion pricing, saying the Trump administration is using dubious rationale to justify terminating federal approval for the program when the decision was actually driven by political animus.
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March 05, 2025
Trump EPA Nominees Grilled On Climate Change Views
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's air office repeatedly told Democratic senators that humans must adapt to climate change, but declined to wade into policy specifics during a nomination hearing Wednesday.
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March 05, 2025
Wash. Justices Won't Take Up VW's $4.7M Asbestos Loss
The estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads can keep a $4.7 million jury win, after the Washington state's highest court rejected the automaker's bid for review.
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March 05, 2025
Water Main Co. Will Pay $1M After Chemicals Killed Fish
A sewer and water line maintenance company was sentenced to pay $1 million and will spend three years on federal probation after knowingly dumping pollutants into a Connecticut waterway, killing over 150 fish and contaminating the area, acting U.S. Attorney Marc H. Silverman has announced.
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March 05, 2025
Four Firms Seek Top Roles In Pa. Warehouse Fire Litigation
Lawyers from four plaintiffs firms across the country have asked a Philadelphia judge to name them class counsel in recently filed litigation over the effects of an aircraft parts warehouse fire and also requested that the court consolidate all related lawsuits in the city.
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March 05, 2025
Cleanova, Micronics Combine To Create $1.3B Business
Private equity-owned clean technology maker Cleanova on Wednesday announced plans to buy fellow private equity-owned clean technology manufacturer Micronics Engineered Filtration Group to create a company with an enterprise value of $1.3 billion, in a deal built by three law firms.
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March 05, 2025
Colorado's Last-Resort Insurer Partners With AI Analytics Co.
Colorado's last-resort insurer has partnered with risk modeling company ZestyAI in an effort to improve insurance access for homeowners through the use of artificial intelligence-powered models for heightened climate risks, the company said Wednesday.
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March 05, 2025
UK Planning To Replace Energy Windfall Tax In 2030
The U.K. will phase out the energy profits levy, known as the energy windfall tax, in 2030, but the government plans to replace it with a new permanent tax regime for North Sea oil and gas, according to a statement Wednesday.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
3 Takeaways From The High Court's SF Water Permit Ruling
The U.S. Supreme Court's Tuesday ruling siding with San Francisco to strike down parts of a federal water pollution permit demonstrated a majority of justices' reluctance to force permit holders to interpret gray areas that could get them in trouble.
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March 04, 2025
Phillips 66 'Trickery' Merits $1.2B More Damages, Judge Told
A startup that won a $605 million trade secrets verdict against oil giant Phillips 66 argued Tuesday in California state court that its would-have-been acquirer owes an additional $1.2 billion for reprehensible conduct, including by in-house counsel who supposedly made "efforts to cover up" information theft.
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March 04, 2025
10th Circ. Upholds EPA Approval Of Colo. Smog Plan Changes
A Tenth Circuit panel on Tuesday affirmed the U.S. Environmental Protection Agency's approval of two changes to Colorado's plan to bring Denver and the northern Front Range into compliance with ozone pollution standards, rejecting a challenge brought by conservation groups.
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March 04, 2025
Judge Stays Osage Wind Farm Order, Requires $10M Bond
An Oklahoma federal judge stayed a $4.2 million judgment and order requiring an energy company to remove 84 wind turbines from the Osage Nation's reservation pending the outcome of a Tenth Circuit appeal, ordering the company to pay a $10 million bond in the interim.
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March 04, 2025
Insurer Can't Escape Fla. Condo's Hurricane Damage Dispute
An insurer can't escape a Florida condominium association's suit seeking coverage for property damage caused by a September 2020 hurricane, a New York federal court ruled, saying the association's update of a preexisting elevator replacement bid in light of storm damage was not clearly fraudulent conduct or misrepresentation.
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March 04, 2025
DC Circ. Doubts FERC Was Wrong To OK Tennessee Pipeline
The D.C. Circuit struggled to understand just where environmentalists think FERC messed up when approving a Tennessee pipeline project that would serve a gas-fired power plant that's set to replace a coal-fired one, expressing varying degrees of doubt Monday during arguments.
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March 04, 2025
IRS Drops Push To Penalize Ex-Braves Players For Fraud
The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.
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March 04, 2025
Insurer, Reinsurer Denied Early Wins In Reimbursement Row
Both sides in an inter-insurer dispute over a reinsurer's share of a coverage settlement for environmental damage claims have adopted reasonable contractual interpretations, a New York federal court ruled, specifically finding ambiguities on whether the reinsurer must reimburse a plaintiff insurer with which it didn't directly do business.
Expert Analysis
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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Opinion
Commercial Tree Thinning Should Be Part of Wildfire Control
The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.