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Environmental
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December 05, 2024
Frontier Pays $3.5M To End Calif. AG's Illegal Dumping Probe
The California subsidiary of telecom company Frontier Communications will pay $3.5 million to end an investigation into the improper disposal of batteries, aerosol cans and other hazardous waste at warehouses and field service facilities dating back to 2008, the Golden State's attorney general announced Thursday.
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December 05, 2024
SolarEdge's CEO, CFO Can't Escape Securities Lawsuit
A New York federal judge ruled Wednesday that a proposed securities class action accusing SolarEdge Technologies Inc. of misrepresenting the demand for its solar energy products in Europe will go on against two of the company's top executives, saying investors adequately pled the executives knowingly misrepresented distributors' inventory levels.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Wash. Gov.'s Executive Order Backs Tribal Salmon Initiative
Washington Gov. Jay Inslee has, in an executive order, directed state agencies to cooperate with four sovereign tribal nations and Oregon to fulfill commitments to the Columbia Basin Restoration Initiative, which aims to protect salmon and steelhead populations.
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December 05, 2024
Utah Defends Effort To Wrest Land From Feds At High Court
Utah told the U.S. Supreme Court on Wednesday that its proposed lawsuit accusing the government of unconstitutionally hoarding and profiting from public lands in the state belongs before the justices and that the government's recent response strengthens its case.
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December 05, 2024
Ex-CEO Of Solar Biz ISun Says Ch. 11 Plan Doesn't Add Up
The former CEO of solar power company iSun is asking a Delaware bankruptcy judge to reject the company's proposed Chapter 11 plan, saying it fails to provide for payment of priority claims, including his own deferred paychecks.
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December 05, 2024
NC Town Sues Duke Energy Over Climate Change 'Deception'
A small town in North Carolina is suing Duke Energy for what officials characterized as a decades-long "deception campaign" about climate change, including allegedly misleading residents about the dangerous effects of fossil fuels and delaying the transition to cleaner energy.
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December 05, 2024
Jones Day Reps CNX On $505M Deal For Natural Gas Biz
CNX Resources Corp. said Thursday it has agreed to acquire for about $505 million the natural gas upstream and associated midstream business of Apex Energy II LLC, a portfolio company of funds managed by Carnelian Energy Capital Management LP.
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December 05, 2024
Judge Backs Army Corps' Denial Of Bidder On $5M Project
A federal claims court judge on Wednesday affirmed the government's decision to reject an Illinois company's bid for a $5 million island habitat restoration, saying its ratings for past work and difficulties with an ongoing project were both fairly considered.
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December 05, 2024
DC Circ. Won't Revisit Ruling On Bush-Era Mining Regulation
The D.C. Circuit said Thursday it won't reconsider a June panel decision that upheld a 20-year-old mining regulation that removed limits on the amount of land around a mining site that can be used for secondary activities such as waste disposal.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 05, 2024
Battery Recycling Firm To Go Public Via $250M SPAC Merger
Renewable energy-focused Ace Green Recycling Inc. has agreed to go public by merging with special purpose acquisition company Athena Technology Acquisition Corp. II in a deal that values Ace Green's equity at $250 million, both parties have announced.
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December 04, 2024
Some Religious Gathering Limits Are OK, Texas Justices Told
The city of San Antonio hit back Wednesday at Native American church members' reliance on a Texas constitutional amendment banning limitations on religious services, telling the Texas Supreme Court that the amendment must be viewed in the context of COVID-19 restrictions.
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December 04, 2024
Trump Picks Ex-Congressman For IRS Commissioner
President-elect Donald Trump said Wednesday he has tapped a former member of the U.S. House of Representatives to lead the Internal Revenue Service during his coming second term.
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December 04, 2024
No Coverage For P&G Environmental Claims, Insurers Say
A group of Hartford units told an Ohio federal court Wednesday they owe no coverage to Procter & Gamble Co. for three underlying lawsuits accusing the company of contaminating groundwater in New York, and for a separate warehouse fire in Michigan that caused the U.S. Environmental Protection Agency to intervene.
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December 04, 2024
Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties
U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.
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December 04, 2024
P&C Insurers Post $4.1B Underwriting Gain In Big Reversal
The U.S. property and casualty insurance market recorded a $4.1 billion net underwriting gain in the first nine months of 2024, according to a report issued Wednesday by global credit rating agency AM Best, which called the turnaround a significant improvement from the prior year's $32.1 billion loss.
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December 04, 2024
Ex-Worker Says Contractor Fired Him Over Religious Needs
An electric vehicle charging station contractor was sued in Georgia federal court by a former employee who alleged he was fired for utilizing a religious accommodation that allowed him to leave work early on Fridays to observe the Jewish Sabbath.
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December 04, 2024
Hoopa Valley Tribe Wants In On Trinity River Water Row
The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.
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December 04, 2024
Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal
A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.
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December 04, 2024
EPA Finalizes Changes To Chemical Review Process
The U.S. Environmental Protection Agency on Wednesday finalized a rule to improve the efficiency of its new chemical review process that also makes per- and polyfluoroalkyl substances, also known as "forever chemicals," ineligible for exemptions that allow for shorter, less robust chemical reviews.
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December 04, 2024
Del. Justices Skeptical $2.4B SPAC Deal Misled Investors
Delaware Supreme Court justices pressed a stockholder attorney on Wednesday to explain how the blank-check company that took electric vehicle venture Canoo Holdings Ltd. public in a $2.4 billion deal breached its duties by failing to reveal information it purportedly had yet to receive.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 04, 2024
Ethylene Oxide Suits Sent Back To Ill. State Court
An Illinois federal judge said Tuesday that lawsuits accusing several companies of polluting the air with ethylene oxide were improperly removed to federal court, despite a state judge's statement that two defendants reaching settlements was cause for removal.
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December 04, 2024
DuPont Asks Court For Pause In $1 Billion Pollution Suit
Chemours and E.I. du Pont de Nemours urged a New Jersey state court to pause a small town's billion-dollar lawsuit over pollution from the former DuPont Chambers Works facility in order to appeal a recent ruling, arguing clarity from the Appellate Division is necessary.
Expert Analysis
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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How Global Data Center Regs May Influence US Policies
As regulators around the world react to the growth of data centers, and their increasing consumption of energy, water and land, international policies in this area may influence how the incoming U.S. administration regulates data centers in this country, say attorneys at HWG.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.