• December 05, 2023

    SEC Chair Warns Businesses Against AI Washing: 'Don't Do It'

    U.S. Securities and Exchange Commission Chair Gary Gensler on Tuesday cautioned business owners not to "AI wash," or mislead investors as to their true artificial intelligence capabilities, comparing the practice to "greenwashing" and saying that securities laws require "full, fair and truthful disclosure."

  • December 05, 2023

    ​​​​​​​Chevron-Backed Renewable Oil JV Secures $16M DIP Loan

    Novvi LLC, a renewable oil joint venture that's majority-owned by a Chevron subsidiary, can use $16 million in debtor-in-possession funding, a Texas bankruptcy judge ruled Tuesday, overriding objections from an investor that said the agreement will water down its ownership stake.

  • December 05, 2023

    Roberts Declines To Freeze Virginia Pipeline Construction

    U.S. Supreme Court Chief Justice John Roberts declined Tuesday to pause construction of the controversial Mountain Valley Pipeline, allowing work to continue on the natural gas pipeline while Virginia landowners challenge the constitutionality of land seizures related to the project.

  • December 05, 2023

    Chicagoans Seek OK Of $12.25M Deal Over Toxic Demolition

    A group of Chicago residents asked an Illinois federal judge Monday for her initial blessing of their $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • December 05, 2023

    States Ask Justices To Ignore US Objections To Water Deal

    Texas, New Mexico and Colorado are asking the U.S. Supreme Court to reject the federal government's objections to a proposed consent decree that resolves a long-running dispute over Lower Rio Grande water resources.

  • December 05, 2023

    Monsanto Gets Roundup Carcinogen Suit Dismissed

    A California federal judge has dismissed with prejudice a suit by consumers alleging that ingredients in Monsanto's Roundup could form a dangerous cancer-causing substance, saying the complaint fails to allege that such a thing has happened in the products at issue.

  • December 05, 2023

    Texas Landlord, AIG Unit Settle Hail Damage Coverage Row

    An AIG unit reached a settlement resolving a Texas landlord's claims it wrongfully denied coverage for property damage from a June 2020 hailstorm, ending the plaintiff's bid to recover nearly $318,000 from the insurer.

  • December 05, 2023

    Export-Import Bank Slammed As Major Fossil Fuel Financier

    Environmental group Friends of the Earth U.S. slapped the U.S. Export-Import Bank with an international complaint Tuesday alleging the agency has poured billions of dollars into fossil fuel projects, despite the Biden administration's commitment to end such international public financing.

  • December 05, 2023

    Groups Want To Halt Fla. Development Over Species Concerns

    Environmental groups have asked a Washington, D.C., federal judge to block two Clean Water Act permits issued by Florida officials for residential and commercial developments, saying these projects underscore that the U.S. Environmental Protection Agency should not have granted the state permitting power.

  • December 05, 2023

    Atlanta, Residents Spar Over Standing In 'Cop City' Row

    The city of Atlanta and a group of non-city residents filed opposing briefs with the Eleventh Circuit this week on the issue of standing in a case that hinges on the ability to collect signatures to force a referendum on construction of a $90 million police training center known as "Cop City."

  • December 05, 2023

    Full DC Circ. Won't Rethink Axed Utah Oil Rail Project

    The full D.C. Circuit declined to review a panel's mid-August decision throwing out federal approvals for a railway project aimed at transporting crude oil from Utah, rejecting a railroad company's plea that the panel's decision deviated from precedent.

  • December 05, 2023

    Utah Groups File Suit Over Plan For World's Longest Gondola

    Two conservation groups in Utah claim the state's transportation department conducted a flawed environmental review for its pitch to build a record-setting gondola that would carry skiers and snowboarders from the outskirts of Salt Lake City up through the scenic Little Cottonwood Canyon to two popular ski resorts some eight miles away in the Wasatch Mountains.

  • December 05, 2023

    K&L Gates Adds DOJ Enviro, White Collar Attys In DC

    K&L Gates LLP has hired two attorneys from the U.S. Department of Justice who focus on environmental and white collar matters to join K&L's Washington, D.C., office as partners, the firm announced Tuesday.

  • December 05, 2023

    FTC Seeks More Info On $60B Pioneer, Exxon Deal

    The U.S. Federal Trade Commission has issued second requests for more information from both Pioneer Natural Resources and Exxon Mobil Corp. regarding their planned $59.5 billion merger, Pioneer revealed in a securities filing Tuesday. 

  • December 05, 2023

    Recycling Co. Strategic Materials Hits Ch. 11 With $433M Debt

    Glass recycling company Strategic Materials Inc. filed for Chapter 11 protection in a Texas bankruptcy court with about $433 million in debt and a plan to hand lenders its business, after struggling to meet payments on floating-rate debt that's become "significantly more expensive" as interest rates have risen.

  • December 04, 2023

    Justices Weigh Limits Of Possible Ruling Against SEC Courts

    While the U.S. Supreme Court recently expressed a willingness to declare the U.S. Securities and Exchange Commission's in-house court system unconstitutional, experts say some justices have shown a desire to keep their ruling from spilling over into the enforcement activities of federal agencies doling out Social Security benefits or punishing alleged tax cheats.

  • December 04, 2023

    CFTC Offers Advice For Tackling Carbon Credit Fraud

    The U.S. Commodity Futures Trading Commission on Monday put forth proposed guidance for tackling fraud and manipulation in the voluntary carbon credit marketplace, outlining the measures it thinks that derivatives exchanges should take to ensure transparency and integrity in the evolving space.

  • December 04, 2023

    FirstEnergy Lands Stay In Investor Suit Over Bribery Scandal

    An Ohio federal judge and a magistrate judge have asked a special master to issue a report and recommendation on a bid by FirstEnergy Corp. to stay all discovery in an investor suit over the company's involvement in a massive bribery scheme to bail out two failing nuclear energy plants, while the utility company appeals class certification.

  • December 04, 2023

    EPA's Ozone Plan Analysis Was Unfair, Texas Tells 5th Circ.

    Three states on Monday defended their plans for complying with ozone emission regulations meant to curb downwind ozone problems, telling the Fifth Circuit that the U.S. Environmental Protection Agency unfairly relied on data the states didn't have access to when it denied their proposals.

  • December 04, 2023

    Judge Grounds Airport's Bid To Keep PFAS Suit In Fed. Court

    The Gerald R. Ford International Airport in western Michigan must litigate state environmental regulators' forever chemical cleanup lawsuit in state court because the airport authority hasn't shown that it handled the hazardous materials under any specific direction by the federal government, a federal judge ruled Monday.

  • December 04, 2023

    Feds Say 5th Circ. Must Pause NM Nuke Storage Site Fight

    The U.S. Nuclear Regulatory Commission has reiterated that the Fifth Circuit should pause a dispute over licensing for a temporary nuclear waste storage facility in New Mexico until the appeals court decides whether to reconsider a decision that the agency lacks the authority to license another temporary facility in Texas.

  • December 04, 2023

    Rivian Investors Seek Class Cert. In Suit Against EV Maker

    Investors of electric vehicle manufacturer Rivian Automotive Inc. have asked a California federal judge to certify their proposed class in a securities class action alleging Rivian underpriced its electric vehicles and misled investors ahead of a blockbuster 2021 initial public offering.

  • December 04, 2023

    Chevron-Backed Joint Venture Hits Ch. 11 With $29.7M In Debt

    Renewable oil producer Novvi LLC told a Texas bankruptcy court its two largest creditors signed off on Chapter 11 plans to shift its sales strategy and streamline operations to come out from under $29.7 million in debt within the next three years.

  • December 04, 2023

    Feds Must Rethink Army Water Plans In Ariz., 9th Circ. Says

    The U.S. Fish and Wildlife Service and U.S. Army can't count on a conservation easement's questionable water savings to conclude that Fort Huachuca's water usage in southeastern Arizona's San Pedro River Basin doesn't jeopardize protected plant and animal species, a Ninth Circuit panel said Monday.

  • December 04, 2023

    Gensler Says Coordination Possible With EU On Climate Regs

    The U.S. Securities and Exchange Commission may work with the European Union to coordinate compliance with its eventual greenhouse gas emission reporting regulation for public companies, the agency's chairman said Monday.

Expert Analysis

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

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