Environmental

  • June 28, 2024

    As Election Looms, M&A Attys Advise To 'Stay The Course'

    The contentious presidential election is bound to rattle mergers and acquisitions activity in the short term, and the eventual winner will create unique sets of winners and losers in the market, but attorneys have a simple message to clients: "Stay the course."

  • June 28, 2024

    AT&T Faces Derivative Suit In Del. Over Toxic Cable Risks

    An AT&T Inc. stockholder launched a derivative suit in Delaware's Court of Chancery on Friday seeking damages from the company's directors and top officers on the company's behalf for past, present and future expenses caused by toxic risks from lead-tainted cables around the country.

  • June 28, 2024

    Philly Judge Calls $2.25B Roundup Verdict 'Excessive'

    A Philadelphia state judge has explained her decision to slash a cancer patient's $2.25 billion win against Monsanto for its Roundup weedkiller contributing to his lymphoma, calling the jury's January verdict unconstitutionally "excessive."

  • June 28, 2024

    EPA Coal Ash Rules Are Nothing New, DC Circ. Rules

    The U.S. Environmental Protection Agency was enforcing existing rules rather than illegally issuing new ones when it rejected requests by power companies to extend a deadline to comply with regulations governing the cleanup of coal-ash waste facilities, a D.C. Circuit panel ruled Friday.

  • June 28, 2024

    Taxation With Representation: Kirkland, Vinson, Skadden

    In this week's Taxation with Representation, Aareal Bank AG and Advent International sell a property management and maintenance software company, Webtoon Entertainment Inc. and Tamboran Resources Corp. price initial public offerings, SM Energy Company acquires oil and gas assets, and Nokia sells Alcatel Submarine Networks to the French state.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    4 Firms Guide Pair Of IPOs Totaling $457M

    Venture-backed drug developer Alumis Inc. and oil-land acquirer LandBridge LLC on Thursday priced initial public offerings, raising a combined $456.5 million, under the guidance of four law firms.

  • June 27, 2024

    High Court Liberals Warn Jarkesy's Reach Will Be Widespread

    The U.S. Supreme Court's decision to limit the U.S. Securities and Exchange Commission's use of its in-house courts will have "momentous consequences" for dozens of agencies tasked with overseeing the electric grid, environmental regulations and consumer protection laws, the court's liberal wing has warned.

  • June 27, 2024

    EPA's State Smog Pollution Plan Down, Not Out Yet

    The U.S. Supreme Court flexed its muscles menacingly at the U.S. Environmental Protection Agency on Thursday and blocked it from implementing an important air pollution control plan for several states, but experts say it's too early to completely write off the rule in question.

  • June 27, 2024

    Split FERC Approves La. LNG Export Terminal

    A divided Federal Energy Regulatory Commission gave the green light to a massive liquified natural gas export terminal in Louisiana during its monthly meeting Thursday, with departing Democratic Commissioner Allison Clements criticizing the agency for not adequately addressing the project's impacts.

  • June 27, 2024

    IRS To Offer Combined Filing For Energy Investment Credits

    The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.

  • June 27, 2024

    Judge Slams 'Unacceptable' Misstated Case Law In PFAS Suit

    A federal magistrate judge in North Carolina chastised class counsel for Tar Heel State residents suing The Chemours Co. and DuPont De Nemours over toxic "forever chemicals" purportedly discharged in their wastewater, after the attorneys "misstated the language of various cases" they cited in a briefing.

  • June 27, 2024

    Ex-Exec Fights Sotera's Bid To Toss Del. Stock Vesting Suit

    An attorney representing a former Sotera executive said Thursday in Delaware's Court of Chancery that the lab testing and industrial sterilization firm failed to justify its request for dismissal of a lawsuit alleging the company wrongly refused to vest his purported right to 620,000 shares in the business after his departure.

  • June 27, 2024

    Solar Co. Says Duty Expansion Ignores Production Process

    A solar company has pressed the trade court to unwind a U.S. Department of Commerce ruling exposing Vietnamese solar products to tariffs on Chinese solar cells, saying that the cells are primarily made in Vietnam and are therefore of Vietnamese origin.

  • June 27, 2024

    DOL Benefits Chief Defends Fiduciary Rule Before GOP Panel

    The head of the U.S. Department of Labor's employee benefits agency on Thursday defended recently finalized policy expanding the definition of a fiduciary under the Employee Retirement Income Security Act, drawing criticism from a Republican-controlled panel of House lawmakers at an oversight hearing.

  • June 27, 2024

    Sichenzia Ross Guiding Fuel Cell Co. On $130M SPAC Merger

    Sichenzia Ross Ference Carmel LLP is advising Infintium Fuel Cell Systems Inc. on a newly inked blank-check company consolidation deal that values the hydrogen fuel cell technology provider at $130 million.

  • June 27, 2024

    Supreme Court Freezes EPA's 'Good Neighbor' Rule

    The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.

  • June 26, 2024

    Fla. Court Paves Way For $1B Miami Highway Expansion

    A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.

  • June 26, 2024

    Online Comic Platform Leads 2 IPOs Raising $390M Total

    Online comic platform Webtoon Entertainment Inc. and Australian natural gas producer Tamboran Resources Corp. on Wednesday priced initial public offerings, raising a combined $390 million under the guidance of four law firms.

  • June 26, 2024

    Talc Co. Barretts' Creditors Push To Dismiss Ch. 11 Case

    Unsecured creditors of Barretts Minerals have urged a Texas bankruptcy judge to dismiss its bankruptcy following the debtor's sale of its talc business, arguing that Barretts remains in bankruptcy only to get its fully solvent parent company out of its talc liability.

  • June 26, 2024

    States Say Revised EPA Water Rule Worse Than Original

    Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.

  • June 26, 2024

    White House Unveils $1.8B In Transportation Grants

    U.S. Transportation Secretary Pete Buttigieg revealed on Wednesday that the agency had awarded $1.8 billion in grants for 148 transportation infrastructure projects across the country, as part of the Rebuilding American Infrastructure with Sustainability and Equity discretionary grants program.

  • June 26, 2024

    SpaceX Beach Closure Challenge Is 'Illogical,' Texas Says

    Texas is asking its high court to review a decision that forces several government entities to face an environmental group's challenge to the closure of a beach for SpaceX activities, writing that the appellate court's adoption of the group's theory of open beach access "clashes" with state law and court precedent.

  • June 26, 2024

    Texas Moves To Bar DOJ Witness In Rio Grande Barrier Fight

    Texas has moved to disqualify one of the Biden administration's witnesses in litigation over the Lone Star state's 1,000-foot barrier in the Rio Grande to keep out migrants, arguing the witness has no relevant or reliable opinions to offer.

Expert Analysis

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • ECHR Ruling May Pave Path For A UK Climate Damage Tort

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    In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.

  • Opinion

    Climate Change Shouldn't Be Litigated Under State Laws

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    The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.

  • Regulating Resurrected Species Under The ESA

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    As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • IP Considerations For Companies In Carbon Capture Sector

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    As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.

  • Keeping Up With Class Actions: A New Era Of Higher Stakes

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    Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

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    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

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