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Environmental
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November 27, 2023
3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.
The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.
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November 27, 2023
Target's 'Reef-Conscious' Sunscreen Is A Lie, Suit Alleges
Target was hit with a proposed class action on Monday in Florida federal court accusing the retailer of selling sunscreen that is falsely labeled as containing a "reef-conscious formula" when it actually uses ingredients that are harmful to coral reef ecosystems.
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November 27, 2023
Rail Group Wants Calif. Locomotive Regulations Derailed
The Association of American Railroads says train emissions regulations adopted by the California Air Resources Board are preempted by the Interstate Commerce Commission's Termination Act of 1995, arguing in litigation over the state's authority that the ICC law broadly keeps state and local authority from regulating rail transportation.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
Del. Vice Chancellor Calls Ex-AG Barr 'Doubly Wrong' On ESG
Delaware Vice Chancellor J. Travis Laster has called out as "profoundly misguided" published comments by former U.S. Attorney General William P. Barr criticizing the state's top corporate law courts for "flirtation" with environmental, social and governance principles.
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November 27, 2023
GM Drivers Ask 6th Circ. To Revive Truck Emissions Suit
Drivers urged the Sixth Circuit on Monday to revive their consolidated proposed class action accusing General Motors of rigging certain Chevrolet Silverado and Sierra vehicles with emissions-cheating software, saying their state law deceptive marketing claims don't conflict with federal law.
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November 27, 2023
Shell, BP Can't Nab Fed. Venue In Climate Row, 9th Circ. Says
The Ninth Circuit on Monday rejected five of the world's largest oil and gas companies' attempt to remove climate change litigation spearheaded by San Francisco and Oakland to California federal court, citing numerous prior rulings answering the same jurisdictional question.
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November 27, 2023
Veteran Project Finance Partner Joins Kilpatrick From Stroock
Kilpatrick Townsend & Stockton LLP announced Monday that it hired an experienced project finance partner from Stroock & Stroock & Lavan LLP who's spent over 30 years working on a wide range of energy projects both domestically and abroad.
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November 27, 2023
No 2nd Shot For Complex In Hurricane Case, Agent Says
Insurance agent AmRisc LP has asked a Louisiana federal court not to allow an apartment complex a second chance to oppose the agent's dismissal from an $11 million Hurricane Ida damage coverage dispute, claiming it had no valid excuse to miss a filing deadline.
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November 27, 2023
Biden Rips Bill Barring Federal Land Use For Immigrants
The White House said Monday that the Biden administration "strongly opposes" a new bill proposed by Republican lawmakers that would bar the government from using federal funds to provide temporary housing to asylum-seekers and other immigrants in national parks and on other federal lands.
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November 27, 2023
Beard Energy Transition SPAC Axes Tie-Up With Solar Biz
Blank-check company Beard Energy Transition Acquisition Corp. and solar and home energy solutions company Suntuity Renewables jointly announced Monday they have called off their planned merger that would have taken Suntuity public at a pro forma enterprise value of $249 million.
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November 27, 2023
9th Circ. Axes Montana Mining Company's Appeal
A Ninth Circuit panel threw out an appeal by Rosebud Mining seeking to upend a Montana federal court ruling finding the Montana Environmental Information Center and the Sierra Club have standing to oppose the company's strip mine expansion, saying it lacks appellate jurisdiction.
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November 22, 2023
Calif. Atty Warns Goat Theft Ruling Sets Baaad Precedent
A California attorney who asked the North Carolina Supreme Court on Tuesday to review an appellate decision affirming his felony larceny conviction for stealing a baby goat argued the judgment could lead to a disruption of foundational legal concepts in the state.
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November 22, 2023
5th Circ. Gives Refineries A Shot At Fuel Program Exemption
A split Fifth Circuit on Wednesday vacated and remanded six refineries' challenges to a U.S. Environmental Protection Agency decision denying them a hardship exemption from a renewable fuel program, saying the denial was "impermissibly retroactive" and contrary to law, running afoul of the Administrative Procedure Act.
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November 22, 2023
Major Shareholders In Water Co. Can't Dodge Self-Dealing Suit
An Oregon federal judge declined to dismiss a suit from a former minority shareholder of industrial wastewater treatment company PPV Inc. that claimed the majority shareholder engaged in self-dealing by issuing loans to another company, saying the minority holder has rights under state law to pursue his claims.
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November 22, 2023
Importers Still In The Dark On Forced Labor Law Compliance
Two years since the enactment of the Uyghur Forced Labor Prevention Act, the federal government has only become more keen to scrutinize supply chains that run through China, but a lack of clear standards for demonstrating compliance has left importers to fill in the gaps.
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November 22, 2023
Trustee Says Asbestos Insurance Litigation Must Stay In Texas
The trustee of a defunct machine company asked a Texas appeals court to allow his case seeking defense coverage for underlying asbestos injury litigation to remain in the state, arguing company insurers' requests to move matters to Kentucky lacked merit.
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November 22, 2023
3rd Circ. To Rehear EPA Oil Refinery Permit Case
The Third Circuit has agreed to rehear a case to clarify its interpretation of the law after it previously held that the U.S. Environmental Protection Agency couldn't force an existing oil refinery to get a strict air quality permit that only applies to newly constructed facilities.
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November 22, 2023
Luxury Designer Admits To Trafficking Reptile-Skin Purses
A Colombian handbag designer and her company both pled guilty in Miami federal court to three charges related to smuggling purses made with the skins of protected reptiles into the U.S., including Miami and New York, and using friends and family as couriers.
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November 22, 2023
IPO Market Still Kicking As End Of 2023 Draws Near
Several companies have filed paperwork for potential initial public offerings in December that could generate a bump in new listings before a choppy 2023 ends, though experts say most IPO prospects have shifted attention to 2024.
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November 22, 2023
With FERC Stalled On Pipeline Policy, Courts Could Show Way
There's little indication that a long-awaited revision of the Federal Energy Regulatory Commission's gas infrastructure approval policy is imminent, which means any further clarity on how the agency should factor climate change into its reviews will likely come from the courts. Here's a trio of pending D.C. Circuit cases that could provide FERC with further guidance on how it should evaluate the climate impacts of gas projects.
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November 22, 2023
Kidde-Fenwal Gets Ch. 11 Mediation For Foam Liability Claims
A Delaware bankruptcy judge directed fire-suppression company Kidde-Fenwal Inc. to enter mediation in its Chapter 11 case to try to pare down thousands of pollution and personal injury claims asserted against it in connection with its aqueous foam products.
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November 22, 2023
Ingredion Strikes $8M Deal To Settle Permit Violation Claims
Food and beverage ingredient maker Ingredion Inc. will spend $8 million to resolve claims over long-running emissions permit violations at a milling facility in Indianapolis under a proposed settlement reached with federal and state regulators.
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November 22, 2023
Florida Tribe Seeks To Overturn EPA Water Permit Decision
A Native American tribe has asked a federal court for a quick win in its lawsuit challenging the U.S. Environmental Protection Agency's approval of Florida's effort to take over a Clean Water Act permitting program, saying the tribe's waters are outside the state's regulatory jurisdiction.
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November 22, 2023
Reinsurer Again Seeks To Exit Metal Co.'s Cleanup Cost Suit
An AIG unit's reinsurer urged a Kentucky federal court to toss all claims by an alloy producer over coverage for cleanup costs incurred at a site near the Tennessee River, arguing it only has liabilities to the AIG unit, which "remains ultimately responsible for all obligations under the policy."
Expert Analysis
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Forecasting The Impact Of High Court Debit Card Rule Case
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.
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Series
ESG Around The World: Mexico
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.
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The Case For Post-Bar Clerk Training Programs At Law Firms
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.
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Taking Action On Interagency Climate Financial Risk Guidance
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.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
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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SEC Whistleblower Action Spotlights Risks For Private Cos.
The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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What To Expect After Colo. Nixes Special Standing Rules
Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.