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Environmental
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April 21, 2025
Unions Score Block On Orders To Fire Probationary Workers
A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.
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April 21, 2025
3 Firms Guide Brazilian Energy Producer's $155M SPAC Deal
Brazilian oil refiner PX Energy on Monday agreed to merge with special purpose acquisition company Papaya Growth Opportunity Corp. I in a deal that will take PX public in the United States at an estimated $155 million value, guided by three law firms.
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April 21, 2025
Baker Botts Adds Enviro Ace From In-House Role In Houston
Baker Botts LLP announced Monday that it has added a partner in Houston who brings more than 25 years of environmental law experience, including more than a decade on the legal team at Koch Industries.
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April 21, 2025
CMOC Buying Lumina Gold For $420M
China's CMOC Group Ltd. has agreed to acquire Vancouver-based Lumina Gold Corp. in an all-cash deal valued at CA$581 million ($420 million), Lumina said Monday, as the miner looks to expand its gold portfolio in Latin America.
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April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case
Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
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April 21, 2025
Solar Co. Oya Gets OK On Ch. 11 Liquidation After Asset Sales
A Delaware bankruptcy judge on Monday confirmed solar energy producer Oya Renewables' bid to liquidate through Chapter 11 under a plan supported by creditors, months after the company sold most of its assets for $39 million.
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April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books
The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.Â
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April 18, 2025
Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed
Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
NC High Court Snapshot: Livestock Litigation Takes Limelight
The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.
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April 18, 2025
Ill. Justices To Weigh Scope Of Standard Pollution Exclusions
The Illinois Supreme Court will consider whether pollution exclusions in standard-form commercial general liability policies apply to industrial emissions allowed under a regulatory permit, the court said Thursday, agreeing to take up a question certified by the Seventh Circuit.
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April 18, 2025
Trump Admin Pushes Ahead With New Offshore Oil Leases
The U.S. Department of the Interior on Friday said it's "unlocking the full potential" of offshore oil and gas lease sales on the U.S. Outer Continental Shelf, a rebuke to the Biden administration's conservative approach to development.
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April 18, 2025
Taxation With Representation: Davis Polk, Simpson Thacher
In this week's Taxation With Representation, Global Payments Inc. buys Worldpay from GTCR and FIS, Intel Corp. sells a stake in its Altera business to Silver Lake, KKR acquires OSTTRA from S&P Global and CME Group, and Canada's Capital Power Corp. nabs two U.S. natural gas power plants.
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April 18, 2025
5 Takeaways From Texas Stock Exchange's SEC Filing
The newly formed Texas Stock Exchange LLC is proposing rules that largely resemble those of the New York heavyweights it seeks to challenge, along with some notable differences, leaving questions on how the exchange will distinguish itself. Here are five takeaways from TXSE's securities filing.
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April 18, 2025
OxyChem Unit Settles Bid To Share Ohio Derailment Blame
Chemical shipper OxyVinyls Inc. and Norfolk Southern struck a deal toward the end of a trial seeking to spread the blame — and the cost of a $600 million settlement — for the 2023 derailment in East Palestine, Ohio.
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April 17, 2025
NY Judge Scrubs Groups' Anti-Congestion-Pricing Claims
A Manhattan federal judge on Thursday rejected claims from local residents and community groups alleging New York's revised congestion pricing tolls wrongfully discriminated against out-of-state commuters and unfairly benefited public transit riders instead of roadway users.
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April 17, 2025
Bard Plant's Emission Controls Weren't Up To Snuff, Jury Told
A Georgia state jury heard Thursday that a C.R. Bard medical equipment sterilization plant carelessly emitted ethylene oxide by going years without pollution controls, and later failing to diligently use and maintain the controls it did eventually install.
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April 17, 2025
9th Circ. Signals Support For Tribes' Cultural Loss Claims
A Ninth Circuit panel was skeptical Thursday that a Teck Resources unit could dodge the Confederated Tribes of the Colville Reservation's claims for tribal service losses stemming from a smelter's Columbia River pollution, with one judge saying Teck's argument was "splitting hairs."
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April 17, 2025
Army Corps Says Miss. Dolphin Harm Suit Rightfully Tossed
The U.S. Army Corps of Engineers has urged the Fifth Circuit to affirm its decision to divert trillions of gallons of polluted floodwater into the Mississippi Sound, which Mississippi local governments and industry groups allege unlawfully harms bottlenose dolphins.
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April 17, 2025
Liberty Mutual Says Other Insurer Owes $500K For Crane Row
A Liberty Mutual unit said it is owed over $500,000 for defending a contractor in underlying litigation over a crane incident, telling a New York federal court that the contractor qualifies as an additional insured under a subcontractor's commercial general liability policy.
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April 17, 2025
DC Circ. Refreezes EPA Climate Grant Funds
The D.C. Circuit has paused a federal court's order directing Citibank to start disbursing funds to nonprofits undertaking climate change projects that were appropriated by Congress to the U.S. Environmental Protection Agency during the Biden administration.
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April 17, 2025
Program To Speed Up Climate Change Patent Exams Axed
Federal patent officials have officially pulled the plug on a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, after suspending it earlier this year.
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April 17, 2025
Insurance Regulators Urged To Address Climate Change Risks
Insurance regulators must strengthen their understanding of the threats posed by climate change and better consider how those risks will shape the stability of the sector, a group of international regulators said in a report.
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April 16, 2025
Bard Sickened Ga. Man With Medical Gas Pollution, Jury Told
A C.R. Bard medical equipment sterilization plant secretly "poisoned" a resident of a Georgia town by emitting ethylene oxide for 50 years, a jury heard in opening statements Tuesday, while Bard told the jury it "overwhelmingly" demonstrated reasonable care with the powerful gas.
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April 16, 2025
Pa. Poultry Farm's Slaughter Methods Deemed Trade Secrets
The Pennsylvania Superior Court has ruled that an animal rights group cannot force a Lebanon County poultry farm to disclose its chicken slaughtering practices, with the court ruling that the materials sought were confidential trade secrets.
Expert Analysis
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Anticipating The Maritime Sector's Future Under Trump 2.0
With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.