The U.S. Environmental Protection Agency on Thursday further fleshed out exactly what it means when it tells its employees to consider the "cumulative impacts" of pollution on particular communities.
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SATURDAY, NOVEMBER 23, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

EPA Floats New Draft Framework On Cumulative Impacts

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Thursday further fleshed out exactly what it means when it tells its employees to consider the "cumulative impacts" of pollution on particular communities.

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FERC Heeds States' Worries With Grid Planning Policy Rewrite

By Keith Goldberg

The Federal Energy Regulatory Commission on Thursday approved changes to its sweeping revision of its regional transmission planning policies, and a heftier role for states in the planning process was enough to assuage the concerns of a commissioner who dissented from the original rule.

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Phillips 66 Charged With Dumping Wastewater In LA County

By Bonnie Eslinger

A federal grand jury has indicted Phillips 66 on charges of violating the Clean Water Act by illegally discharging hundreds of thousands of gallons of wastewater into the Los Angeles County sewer system without reporting the violations to authorities, the U.S. Justice Department announced Thursday.

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Pa. Enviro Hearing Board Can Sanction Atty, Court Affirms

By Matthew Santoni

Pennsylvania's Environmental Hearing Board was within its power to issue its first-ever sanctions against an attorney for trying to delay an appeal with false claims that the state Attorney General's Office and the U.S. Environmental Protection Agency were looking to talk to Cabot Oil & Gas Corp. over her case, a state appellate court ruled Thursday.

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EPA Beats Calif. Suit Over Pesticide-Coated Seed Exemption

By Madeline Lyskawa

A California federal judge threw out public safety groups' lawsuit alleging the U.S. Environmental Protection Agency provided pesticide-coated crop seeds an illegal loophole from regulation, finding the agency made a fair and considered judgment when it said the seeds are exempted from registration. 

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Judge Suggests 1st Circ. Should Hear Lobster Tracking Case

By Andrew Karpan

A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

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House Dems Tell Gorsuch To Recuse Over NEPA Case Conflict

By Katie Buehler

A group of House Democrats has called for U.S. Supreme Court Justice Neil Gorsuch to recuse himself from a dispute over federal environmental review requirements, arguing the court's decision could directly benefit a Colorado billionaire and former client who campaigned for the justice's first judicial appointment.

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Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick

By Lauren Berg

President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.

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POLICY & REGULATION

DOD Needs To Do More To Fix Military Housing, OIG Says

By Isaac Monterose

The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.

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Brief

EPA Announces National Strategy To Tackle Plastic Pollution

By Madeline Lyskawa

The U.S. Environmental Protection Agency on Thursday unveiled its national strategy outlining how government agencies, businesses, nonprofits and communities can prevent plastic pollution. 

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Brief

Feds Outline Next Steps For Colo. River Basin Agreement

By Madeline Lyskawa

The U.S. Department of the Interior released five proposed alternatives for the Colorado River's post-2026 operations aimed at ensuring the long-term stability of the drought-stricken Colorado River Basin for the communities and habitats that rely on it. 

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PRODUCT LIABILITY

Newell Brands Wants Baby Bottle Microplastics Suit Tossed

By Kelcey Caulder

Newell Brands Inc. moved Wednesday to dismiss a lawsuit accusing it of misleading buyers by labeling its Nuk brand of baby bottles as BPA-free while failing to disclose the products leach microplastics when heated, saying the label is "objectively truthful."

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LITIGATION

Fuel Economy Regs Are Unlawful Path To EVs, 6th Circ. Told

By Linda Chiem

Republican-led states and fuel industry groups have told the Sixth Circuit that the U.S. Department of Transportation overstepped with new vehicle fuel-economy standards that amount to an unlawful electric vehicles mandate, while environmental groups say the standards don't go far enough to meaningfully combat climate change.

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Justices Urged To Uphold Alaska Beachfront Boundary Ruling

By Isaac Monterose

Alaska and an Alaskan property owner told the U.S. Supreme Court to uphold an Alaska Supreme Court ruling that determined that the boundary between two beachfront properties owned by feuding neighbors is set by where a shoreline ended up in 1938.

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FirstEnergy Investors Slam Ex-Execs' Info 'Bogeyman' Story

By Katryna Perera

FirstEnergy shareholders have accused two former executives of the energy company of exploiting confidentiality rules by seeking to shield documents relevant to their suit over a stock plummet that followed a massive bribery scheme, telling an Ohio federal judge he should reject the executives' "informational bogeyman" story.

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Sherwin-Williams Wants Pause In NJ Pollution Suit

By George Woolston

Sherwin-Williams asked a New Jersey state court to pause a suit from Garden State regulators over the contamination at one of its former plants, arguing an expert for the state has claimed the cleanup required under a consent decree failed to accurately assess the scope of contamination and that a massive new soil excavation is required.

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California Tribe Looks To Increase Trinity River Water Flows

By Madeline Lyskawa

The Yurok Tribe slapped the Bureau of Reclamation with a complaint in California federal court, alleging its operation of the Trinity River Division provides only minimum flows to the Trinity River in the winter and early spring, modifying and harming salmon habitat and population.

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Greens Sue Army Corps Over San Jacinto River Barge Project

By Spencer Brewer

A Texas environmental group sued the U.S. Army Corps of Engineers in Texas federal court Thursday, claiming the Corps rubber-stamped a barge mooring project in the San Jacinto River that runs a serious risk of releasing dangerous contaminants and poisoning the waterway.

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DC Circ. Judges Disagree On Standing In Drilling Permit Suit

By Nadia Dreid

The judges of the D.C. Circuit stepped on each other's toes Thursday during oral arguments over a challenge to the approvals of thousands of drilling permits in New Mexico and Wyoming, appearing to be at odds over whether the environmental groups' stance on standing had legs.

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DEALS

2 Energy Transition-Focused SPACs Raise $210M Combined

By Jade Martinez-Pogue

Two special purpose acquisition companies looking to capitalize on energy transition opportunities began trading publicly on Thursday after announcing pricing for their respective initial public offerings, which combined would raise $210 million.

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PEOPLE

House Appropriations Deputy Staff Director Moves To H&K

By Jack Rodgers

An attorney who most recently worked as the deputy staff director, budget director and counsel to the House Committee on Appropriations has joined Holland & Knight LLP's public policy and regulation group as a partner, the firm announced Thursday.

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EXPERT ANALYSIS

8 Tech Tips For Stress-Free Remote Depositions

Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

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3 Ways To Train Junior Lawyers In 30 Minutes Or Less

Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

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LEGAL INDUSTRY

How They Won It

How A Purple Jacket Led To A Murder Exoneration And $13M

By Julie Manganis

To win compensation under a Massachusetts state law, lawyers for Michael J. Sullivan, who spent 26 years in prison, were required to prove he was innocent of the 1986 crime for which he was convicted. A couple of lucky breaks helped.

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Interview

High Court Bar's Future: Sullivan & Cromwell's Morgan Ratner

By Jeff Overley

Morgan L. Ratner has emerged as a leader of the U.S. Supreme Court bar's next generation, and she attributes her ascent to brilliant mentors, a laid-back argument style, an aversion to overconfidence and a firm commitment to clear principles in every case — even if that means reluctantly telling the chief justice, as she once did, that a hypothetical cat stuck in a tree shouldn't be saved.

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Trump Sentencing Halted To Weigh President-Elect's Immunity

By Frank G. Runyeon

The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.

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Bonus Spotlight

Top Firms Big And Small Join In On Milbank Bonuses

By Aebra Coe

The latest law firms to follow Milbank LLP on 2024 associate bonuses late Thursday and into Friday run the gamut from global giant to boutique, according to firm memos shared with Law360 Pulse and media reports.

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Law360's Legal Lions Of The Week

By Andrea Keckley

Goldman Ismail Tomaselli Brennan & Baum LLP, King & Spalding LLP, Holland & Knight LLP and Barnes & Thornburg LLP lead this week's list of Law360 legal lions for beating a Pennsylvania state court lawsuit brought against Bayer AG unit Monsanto by a woman who said she got cancer by using the weed killer Roundup.

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Squire Patton Lawyer Dies In Laos Amid Poisoning Reports

By Ashish Sareen

A junior lawyer at Squire Patton Boggs LLP has died in Laos, the law firm confirmed Friday, amid reports in the media that she was the victim of a suspected mass poisoning incident.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Google's chief legal officer has blasted a U.S. Department of Justice proposal to force it to sell its Chrome browser, saying a sale would "break" a range of Google products and be a threat to U.S. tech leadership in the world. And in a close but surprising outcome, California voters have turned down a minimum wage hike for workers.

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Gaetz, Greene Face Atty Fees Bid For $550,000 In Calif. Suit

By Madison Arnold

Progressive groups including the NAACP are seeking more than $550,000 in attorney fees and costs from U.S. Rep. Marjorie Taylor Greene and former Rep. Matt Gaetz after escaping their lawsuit alleging that the organizations conspired to pressure city officials in California to cancel the politicians' rallies.

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Analysis

Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.

By Phillip Bantz, Chris Villani and Carolina Bolado

U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.

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Brief

Navajo Co. Dismisses Case Alleging Paralegal Took Docs

By Thy Vo

A natural resources company owned by the Navajo Nation has dismissed a lawsuit against a paralegal it accused of failing to turn in her computer for removal of its privileged documents, after the paralegal said she had already arranged to surrender her device before the lawsuit was even filed.

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Senior Dem Asks Schumer For Votes On Circuit Court Picks

By Courtney Bublé

Sen. Mazie Hirono, D-Hawaii, a senior member of the Senate Judiciary Committee, on Friday pushed back against a deal Democrats and Republicans cut earlier this week that obligates Democrats to forgo votes on four appellate picks.

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LAW FIRMS IN TODAY'S NEWS

Abell Eskew

Andrade Gonzalez LLP

ArentFox Schiff LLP

Arnold & Porter

BPE Solicitors

Baker & Hostetler

Baker McKenzie

Barnes & Thornburg

Baron & Budd

Blake Morgan LLP

Boyden Gray

Bracewell LLP

Brower Law Group

Brown & Connery

Buchanan Ingersoll

CMS Cameron McKenna Nabarro Olswang

Cadwalader Wickersham

Cleary Gottlieb

Clement & Murphy

Cole Huber

Cravath Swaine

DAC Beachcroft

Davis Polk

Dechert LLP

Devonshires Solicitors

Enyo Law

Fieldfisher

Freshfields

Fried Frank

Gateley PLC

Gibson Dunn

Goldman Ismail

Grant & Eisenhofer

Gray & White

Heinlein Beeler

Hill Dickinson

Hogan Lovells

Holland & Hart

Holland & Knight

Hollingsworth LLP

Holwell Shuster

Howes Percival

Jenner & Block

K&L Gates

Katten Muchin

Kellogg Hansen

Kessler Topaz

King & Spalding

Kirkland & Ellis

Latham & Watkins

Levin Sedran

Lewis Silkin

Lieff Cabraser

Littler Mendelson

Loeb & Loeb

Lowenstein Sandler

Maples and Calder

McDermott Will & Emery

McGuireWoods

Milbank LLP

Miles Mediation & Arbitration

Motley Rice

Murray Murphy

Nabarro LLP

NechelesLaw

Nelson Mullins

Nixon Peabody

O'Melveny & Myers

Osborn Maledon

Paul Hastings

Paul Weiss

Phillips Carson

Pogust Goodhead

Reed Smith

Reese LLP

Reynolds Porter

Robbins Geller

Ropes & Gray

Seeger Weiss

Sherrards Solicitors

Sidley Austin

Simpson Thacher & Bartlett LLP

Skadden Arps

Squire Patton

Stream Kim

Sullivan & Cromwell

Tucker Ellis

Venable LLP

Vinson & Elkins

Weil Gotshal

Weinberg Wheeler

White & Case

Wikborg Rein

Williams & Connolly

Winston & Strawn

gunnercooke LLP

COMPANIES IN TODAY'S NEWS

Aldi GmbH & Co. KG

Amcor PLC

American Bar Association

American Fuel & Petrochemical Manufacturers

American Petroleum Institute Inc.

Anschutz Exploration Corp.

Apple Inc.

AstraZeneca PLC

BT Group PLC

Ballard Partners Inc.

Bayer AG

Bharat Petroleum Corp. Ltd.

Caliber Home Loans Inc.

Cantor Fitzgerald LP

Center for Biological Diversity Inc.

Center for Individual Rights

Chevron Corp.

Conservation Law Foundation Inc.

Coterra Energy Inc.

Downing LLP

Earthjustice

FirstEnergy Corp.

Google LLC

Honeywell International Inc.

Hyundai Motor Co.

Jersey Mike's Subs

Lex Rex Institute

LinkedIn Corp.

Lumen Technologies Inc.

Major Lindsey & Africa LLC

MasterCard Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

Meta Platforms Inc.

Microsoft Corp.

Monsanto Co.

NASDAQ Inc.

Nassau University Medical Center

National Association for Law Placement Inc.

National Association for the Advancement of Colored People

Natural Resources Defense Council

Navajo Transitional Energy Co.

Nestle SA

New York University

Newell Brands Inc.

Orchid Cellmark Inc.

Phillips 66

Public Citizen Inc.

Regal Entertainment Group

S&P Global Inc.

Samsung Electronics Co. Ltd.

Sierra Club

Stellantis Financial Services

The Sherwin-Williams Co.

TripAdvisor Inc.

Trump Organization Inc.

Twitter Inc.

Villanova University

Vinci SA

Volkswagen AG

Volvo Car Corp.

Wells Fargo & Co.

Western Environmental Law Center

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alaska Department of Law

Arizona Supreme Court

Bureau of Reclamation

City and County of San Francisco, California

Companies House

Equal Employment Opportunity Commission

Federal Communications Commission

Federal Energy Regulatory Commission

Food and Drug Administration

Manhattan District Attorney's Office

National Highway Traffic Safety Administration

Navajo Nation

New Jersey Department of Environmental Protection

New York County District Attorney's Office

New York State Department of Health

New York Supreme Court, New York County

Office of the U.S. Trade Representative

Ohio Attorney General's Office

Ohio House of Representatives

Pennsylvania Department of Environmental Protection

Pennsylvania Supreme Court

Sanitation Districts of Los Angeles County

Surface Transportation Board

Texas Commission on Environmental Quality

Transport for London

U.S. Army Corps of Engineers

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Massachusetts

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of Transportation

U.S. Department of the Interior

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maine

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Ohio

Yurok Tribe