Environmental

  • December 01, 2023

    DC Circ. Wary Of Attack On Shrimp Boat Rule's Drafting

    A D.C. Circuit panel on Friday seemed skeptical of claims that federal regulators didn't provide adequate notice of the types of boats that could be exempt from a Trump-era rule requiring some shrimp boats to install devices that would allow sea turtles caught in trawler nets to escape.

  • December 01, 2023

    La. Judge Won't Nix Arbitration Order In $11M Hurricane Row

    A Louisiana federal judge has denied a bid by attorneys who missed a deadline to rescind his order tossing two defendants and forcing arbitration in a case over more than $11 million in hurricane damage to an apartment complex, ruling that their arguments lack merit anyway.

  • December 01, 2023

    Split 5th Circ. Says Texas Must Move Rio Grande Barrier

    A split Fifth Circuit panel on Friday upheld a lower court's order requiring Texas to move a floating barrier in the Rio Grande intended to prevent migrant crossings from Mexico, saying the barrier obstructs navigability and poses a risk to human life.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Records Deletion Justifies Forest Service Redo, Enviros Say

    Environmental advocates have urged a Colorado federal judge to set aside an agency's green light for timber sales in the San Juan National Forest, alleging large portions of the administrative record behind the decision were "deliberately deleted" or are missing, meriting a whole new approval process.

  • December 01, 2023

    House Committee Pitches Pipeline Safety Reauthorization Bill

    The House Transportation and Infrastructure Committee is introducing legislation to reauthorize and advance programs at the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration for four years.

  • December 01, 2023

    3rd Circ. Lets Rule Stand In Case Where FERC Deadlocked

    The Third Circuit on Friday upheld a rule change allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions, holding that the appellate court can review the Federal Energy Regulatory Commission deadlock that allowed the rule to take effect.

  • December 01, 2023

    Mich. Commission OKs Enbridge's Line 5 Pipeline Tunnel

    Michigan's Public Service Commission approved a siting permit Friday for Enbridge Energy LP's controversial plan to replace two aging pipelines that cross the Straits of Mackinac between Lake Michigan and Lake Huron with a new pipeline in an underground tunnel — a decision tribes and conservation groups blasted as reckless.

  • December 01, 2023

    Mich. Couple Can't Shake Town's Illegal Animal Farm Suit

    The Michigan Court of Appeals sided with the charter township of Port Huron in its suit over a local married couple's allegedly illegal animal farm, ruling that the married couple couldn't cite the state's Right to Farm Act again to argue that it preempted the charter township's animal farm ordinance.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • December 01, 2023

    Feds Unveil 'Foreign Entity' Guidance For EV Tax Credit

    Federal regulators released guidance Friday that would allow automakers to satisfy new trade restrictions that the 2022 climate law incorporated into the consumer electric vehicle tax credit, including sought-after proposed rules defining the foreign-entity-of-concern provision.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    GOP Slams Validator Choice In Pending GHG Disclosure Rule

    Republican lawmakers on Thursday slammed the Biden administration for proposing the use of a foreign validation organization as part of a pending rule requiring federal contractors to report their greenhouse gas emissions, alleging contracts could be derailed by the group with effectively no recourse.

  • November 30, 2023

    FERC Says Utilities Can't Justify Grid Upgrade Reward Wishes

    The Federal Energy Regulatory Commission says it properly rejected a proposal by New York utilities that would allow them to earn returns from grid upgrades, telling the D.C. Circuit the companies have failed to show the existing nonprofit system is unlawful or unreasonable.

  • November 30, 2023

    Alaska, Willow Backers Fight 'Drastic' Bid To Halt Oil Project

    Alaska and other backers of the Willow oil project are urging a federal judge to let ConocoPhillips proceed with more construction work this winter and not block it as conservation groups have requested while they appeal an order affirming the Biden administration's approval of the project.

  • November 30, 2023

    Property Owner Says Insurer Mishandled Windstorm Claims

    An Ohio property owner told an Ohio federal court that his insurer mishandled his claims after a windstorm hit two of his properties, causing at least $75,000 in damage.

  • November 30, 2023

    EPA Proposes Removing All Lead Pipes In Next Decade

    The U.S. Environmental Protection Agency released a proposal Thursday aimed at replacing all lead pipes throughout the country within the next 10 years to protect the public from the significant, and irreversible, health effects tied to exposure to lead in drinking water.

  • November 30, 2023

    Deals Rumor Mill: Humana-Cigna, Shein IPO, Occidental

    Humana and Cigna are exploring a merger that would shake up the health insurance industry, online fashion giant Shein is planning an IPO in 2024, and Occidental Petroleum wants to buy energy producer CrownRock for $10 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • November 30, 2023

    Gas Station Owner Tells 11th Circ. Pollution Cleanup Covered

    A Florida gas station operator urged the Eleventh Circuit to reverse a lower court's judgment relieving an insurer of covering cleanup costs for a pollution incident on the grounds that the incident was discovered before the policy's inception, maintaining the court misinterpreted "first discovered."

  • November 30, 2023

    Feds Pay Fishers $160K In Atty Fees After GPS Rule Loss

    The U.S. Department of Commerce has coughed up $160,000 to the New Civil Liberties Alliance in an attorney-fee settlement of a class action challenging a National Marine Fisheries Service final rule requiring 24-hour GPS tracking of recreational charter fishing vessels, following the Fifth Circuit's February decision to set aside the rule.

  • November 30, 2023

    NY Tribe Sues To Stop Sewage Pipeline On Wildlife Refuge

    The Tonawanda Seneca Nation is asking a New York federal judge to scrap a U.S. Fish and Wildlife Service permit allowing a wastewater pipeline to cross a national wildlife refuge in its ancestral territory and block its construction, saying the agency's review was inadequate and construction has already led to damaging drilling fluid spills.

  • November 30, 2023

    ClimateRock Axes SPAC Merger With UK Green Energy Firm

    In the latest example of a struggling market for special-purpose acquisition companies, British green energy firm Eco Energy World PLC and blank-check company ClimateRock have called off their plans to merge in a deal that would've taken White & Case LLP-advised EEW public at a pro forma enterprise value of $691 million.

  • November 30, 2023

    US Must Cover Hawaii Fuel Leak Payment, Insurer Says

    A Honolulu-based insurer that paid over half a million dollars to a fast food operator that was forced to temporarily shut down after fuel leaks at a Navy facility contaminated the public water supply told a Hawaii federal court that the U.S. is on the hook for those costs.

Expert Analysis

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

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