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Environmental
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May 08, 2025
Feds Secure Short-Term Agreements For Colo. River System
The U.S. Department of the Interior has negotiated the extensions of 18 conservation agreements with stakeholders as part of a plan to conserve water along the Colorado River in California and Arizona.
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May 08, 2025
NC Failed To Act On PFAS Pollution, Chemours, EIDP Say
Arguing that North Carolina knew about forever chemical releases from a manufacturing facility for decades but never acted on that information, two DuPont spinoffs said most of the state's lawsuit over alleged contamination can't proceed.
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May 08, 2025
Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.
A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.
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May 08, 2025
Milbank Hires King & Spalding Tax Planning Atty In DC
Milbank LLP has added a former King & Spalding LLP tax attorney as a partner in its global project, energy and infrastructure finance group in Washington, D.C.
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May 08, 2025
FERC Says Grid Upgrade Bill For Solar Farm Was Justified
The Federal Energy Regulatory Commission defended its decision to affirm a regional transmission operator's assignment of $311 million in upgrade costs for a Texas solar farm to connect to the grid, telling the D.C. Circuit studies of the project's impacts were sound.
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May 07, 2025
Ga. Landowner Says Exempt Farm Activities Doom CWA Suit
Georgia property owners have accused neighbors of polluting streams and lakes on their land while prepping to build a solar farm, but the neighbors this week told a federal judge their actions were for agricultural purposes, which should exempt them from any Clean Water Act claims.
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May 07, 2025
Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case
Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.
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May 07, 2025
Sidley-Led Insurer Aspen Leads 2 IPOs Raising $508M Total
Private equity-backed specialty insurer Aspen Insurance Holdings Ltd., represented by Sidley Austin LLP, on Wednesday raised $397.5 million after pricing an upsized initial public offering, leading one of two insurance listings that netted $507.5 million combined as more companies tiptoe back into the IPO market.Â
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
NC Panel Backs OT Pay For Foresters Who Fought Wildfire
A North Carolina appeals court largely backed a lower court's wage ruling Wednesday in a 17-year legal battle the Tar Heel State has fought with a group of state foresters about overtime pay they said they were not paid for fighting a 2008 fire.
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May 07, 2025
Shell Says Conn. Draft Shows Climate Review Wasn't Needed
Two Shell Oil subsidiaries have asked a Connecticut federal judge to pause expert discovery in an environmental group's challenge to pollution prevention efforts at a New Haven petroleum terminal along Long Island Sound, claiming state regulators have clarified that their current permit does not squarely require a climate change review.
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May 07, 2025
16 States Sue DOT Over EV Charging Infrastructure Funds
The Trump administration has illegally cut off congressionally approved funding for electric-vehicle charging infrastructure projects, a group of states alleged in a federal lawsuit filed on Wednesday.
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May 07, 2025
NY Eyes Injunction Against Feds In Congestion Price Fight
New York transportation agencies have asked a federal judge to block the U.S. Department of Transportation from following through on its threat to withhold federal funding for Manhattan roadway projects if the Empire State doesn't halt congestion pricing.
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May 07, 2025
AI-Focused SPAC Raises $125M As Blank-Check Filings Surge
Dune Acquisition Corp. II, a special purpose acquisition company targeting artificial intelligence and various technologies, began trading Wednesday after raising $125 million, the latest SPAC to join the market as three more such vehicles filed IPOs in recent days.
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May 07, 2025
Geely Lobs Offer To Take Chinese EV Maker Zeekr Private
Chinese carmaker Geely Automobile Holdings Ltd. on Wednesday announced it has submitted a non-binding proposal to take Chinese electric-vehicle maker Zeekr private by acquiring the remaining shares it does not already own.
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May 06, 2025
CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes
A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.
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May 06, 2025
Colo. Judge Wary Pausing Dam Construction Can't Be Done
A Colorado federal judge said at the end of a daylong hearing Tuesday that she still had not heard what she needed to decide if further construction is necessary to ensure a partially constructed dam won't create public safety risks, after she had previously halted the project for further environmental review.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
Group Says $1.6M Funding Cut Derails Native History Efforts
The National Congress of American Indians says a recent $1.6 million funding cut to Native American boarding school research by the Trump administration will derail efforts to document the history of Indigenous communities, survivors and those who never made it home.
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May 06, 2025
Benton Harbor Must Face Lead Contamination Mass Tort
A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.
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May 06, 2025
Texas Jury Clears Marathon Oil In $123M Force Majeure Case
A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.
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May 06, 2025
Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver
A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.
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May 06, 2025
Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit
Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.
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May 06, 2025
DOD Says It Has Standing To Halt Labor Contracts
The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."
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May 06, 2025
Mistrial Declared On Punitive Damages In Bard Cancer Case
A Georgia state judge declared a mistrial as to punitive damages Tuesday in a suit alleging C.R. Bard's ethylene oxide emissions caused a man's cancer, leaving a $20 million compensatory damages verdict in place but inviting a round of briefing on the unusual situation.
Expert Analysis
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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.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.