Environmental

  • June 14, 2024

    'Alkaline Water' Co. Owes Another $90M For Liver Failures

    A Las Vegas jury awarded $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.

  • June 14, 2024

    DC Circ. Backs FERC Climate Reviews In Pipeline Project Row

    The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.

  • June 14, 2024

    Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant

    The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.

  • June 14, 2024

    House Passes $884B Defense Bill For 2025

    The U.S. House of Representatives on Friday passed an $883.7 billion defense policy and budget bill in a mostly party-line vote after adopting several contentious amendments related to climate change, abortion and diversity programs.

  • June 14, 2024

    Malaysian Oil Biz Hibiscus Buys TotalEnergies Unit For $259M

    Kuala Lumpur-based oil and gas producer Hibiscus Petroleum Berhad said it has agreed to buy a Brunei subsidiary of France's TotalEnergie for $259 million, advised by Malaysian law firm Murad Yee Partnership.

  • June 13, 2024

    Co. Says 'Lawyerly Technicalities' Won't Undo $45B DOE Deal

    A joint venture awarded a $45 billion nuclear waste management contract by the U.S. Department of Energy accused a rival joint venture of relying on "lawyerly technicalities" to upend an award it said was ultimately determined by who could perform the work best. 

  • June 13, 2024

    FERC Faces Chorus Of Calls To Rethink Grid Policy Overhaul

    Dozens of requests that the Federal Energy Regulatory Commission reconsider parts or all of its sweeping revision of its regional transmission planning policies have been filed, some of which could telegraph future court challenges if the agency ultimately sticks to its guns. Here's a roundup of the notable issues raised in the rehearing requests for FERC Order No. 1920.

  • June 13, 2024

    Chinese Officials Promise Response On EV Tariffs

    A Chinese Foreign Ministry official told reporters on Thursday that Beijing "will take all measures necessary" to combat planned European Union tariffs on its electric-vehicle exports, after Brussels announced preliminary countervailing duty rates of up to 38.1%.

  • June 13, 2024

    Monsanto Can't Plead Ignorance On PCB Pollution, Cities Say

    Chicago suburbs looking to hold Monsanto and related businesses accountable for their financial share of reducing pollutants in water that flows into Lake Michigan urged an Illinois state court to keep their case alive, arguing the companies should have known about the dangers of the chemicals in products.

  • June 13, 2024

    Chamber Asks DC Circ. To Reject EPA's PFAS Designation

    Three business groups, spearheaded by the U.S. Chamber of Commerce, have gone to the D.C. Circuit to challenge the U.S. Environmental Protection Agency's recent decision to declare two "forever chemicals" to be hazardous materials under federal law.

  • June 13, 2024

    Norfolk Southern Slams Bid To Seal Reports In Derailment Suit

    Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.

  • June 13, 2024

    Tribes Fight BC's Consultation Policy On Aboriginal Rights

    Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.

  • June 13, 2024

    Tesla Shareholders Approve Musk's Compensation Package

    Tesla's shareholders voted to approve a multibillion-dollar compensation plan for CEO Elon Musk, the company's top lawyer announced Thursday during a meeting in which investors also approved moving the company's incorporation from Delaware to Texas.

  • June 13, 2024

    Green Groups Challenge EPA Approval Of La. Well Authority

    The U.S. Environmental Protection Agency's decision to give Louisiana authority over some underground injection wells, which can be used for carbon capture and sequestration, violated the Safe Drinking Water Act, green groups said in a new lawsuit.

  • June 13, 2024

    Ford Asks To Defend EPA's Heavy-Duty Truck Emissions Rule

    Ford Motor Co. has urged the D.C. Circuit to let it intervene in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emissions standards for heavy-duty vehicles such as delivery trucks, dump trucks, public utility trucks and buses.

  • June 13, 2024

    FERC Gains Full Bench With 3rd Nominee Confirmation

    The U.S. Senate on Thursday confirmed former Massachusetts Undersecretary for Energy and Climate Solutions Judy W. Chang to fill a vacant commissioner slot at the Federal Energy Regulatory Commission, giving the agency a full complement of five commissioners.

  • June 13, 2024

    Ex-DLA Piper Atty, Md. Registered Lobbyist Joins Saul Ewing

    A longtime DLA Piper attorney and registered lobbyist with more than 30 years backing clients before Maryland regulators is joining Saul Ewing LLP, the firm has announced.

  • June 13, 2024

    Trade Groups Join EPA Vehicle Emissions Rule Fight

    A coalition of trade associations and auto dealers on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's final rule requiring reductions in greenhouse gas emissions from cars, trucks and vans.

  • June 13, 2024

    6th Circ. Skeptical Of Takings Theory In Mich. Dam Collapse

    Property owners whose homes were damaged in flooding caused by a hydroelectric dam collapse met pushback from Sixth Circuit judges Thursday, in their case arguing local governments must compensate them for their losses under a Fifth Amendment takings theory.

  • June 12, 2024

    Senate Confirms 2 FERC Nominees, Puts 3rd Nominee On Deck

    The U.S. Senate on Wednesday confirmed two nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission and scheduled a Thursday vote for a third nominee.

  • June 12, 2024

    Tribes Say Court Must Examine Spill Risks In Gold Mine Row

    Half a dozen tribes that oppose a large open-pit gold mine along the Kuskokwim River in southwest Alaska have urged a federal judge to vacate a U.S. Army Corps of Engineers authorization for the project, saying the government has wrongly interpreted environmental concerns.

  • June 12, 2024

    Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say

    Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.

  • June 12, 2024

    EPA Tells DC Circ. Emissions Rules Should Stay In Place

    The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.

  • June 12, 2024

    GOP, Dems Fight Over Climate Investment 'Collusion'

    House Judiciary Democrats and Republicans traded barbs and competing staff reports Wednesday over investment industry initiatives to combat climate change that the GOP called a "climate cartel" and their partisan rivals said is simply responsible, and voluntary, investing.

  • June 12, 2024

    Lumen Board Faces Investor Suit Over Lead Cable Liability

    The board members of Louisiana-headquartered telecommunications company Lumen Technologies Inc. face a shareholder derivative suit alleging they breached their fiduciary duties following revelations about, and subsequent scrutiny of, lead components of the company's physical cable networks.

Expert Analysis

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    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.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • EU Directive Significantly Strengthens Enviro Protection

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    The recently revised European Union directive on environmental protection significantly strengthens its prior legislation and broadens the scope of environmental crime through the introduction of offenses for conduct resulting in severe damage, say Katharina Humphrey and Julian Reichert at Gibson Dunn.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • Legal Battles Show Brands' Dilemma In Luxury Resale Trend

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    Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

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