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FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and...more

Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and...more

Litigation Minute: Year in Review—Trending Topics Across the 2022 Litigation Spectrum

What You Need to Know in a Minute or Less - In 2022, we published more than 30 editions of our Litigation Minute newsletter, with eight series featuring topics ranging from mass arbitration to cryptocurrency litigation....more

Litigation Minute: Litigation Targeting Companies' "Carbon-Neutral" and Renewable Energy Representations (ESG in Litigation...

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One way that companies are choosing to address Environmental, Social, and Governance (ESG) concerns is by reducing their carbon footprint through procuring electricity from...more

Litigation Minute: Third-Party Certifications: ESG Friend or Foe? (ESG in Litigation Series: Part Six of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Many companies are marketing their Environmental, Social, and Governance (ESG) efforts by labeling their products or services with a third-party certification. However, companies...more

Litigation Minute: Don't Get Disqualified - Representing Current and Separated Employees in Depositions

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. This practice, however, is governed...more

No More Delay?: EPA Rulemaking Clarifies Timelines and Scope of State Authority in the Clean Water Act Section 401 Certification...

On 1 June 2020, the U.S. Environmental Protection Agency (EPA) announced its much anticipated “Clean Water Act Section 401 Certification Rule” the (401 Certification Rule or Final Rule) revising and clarifying the water...more

COVID-19: Federally Regulated Energy Businesses

As the number of COVID-19 cases increases across the United States and in light of the World Health Organization’s (“WHO”) declaration of a pandemic, the risks posed by the virus to the broader economy are expanding....more

Certain Uncertainty at FERC: Areas to Watch in 2020 for Natural Gas Pipelines and LNG and Hydropower Facilities

As we step into the second month of the New Year, we take a fresh look at areas of potential uncertainty percolating at and around the Federal Energy Regulatory Commission (“FERC” or the “Commission”) that could impact...more

Washington Supreme Court Applies Public Records Act to Public Employees’ Private Cell Phones

On August 27, the Washington Supreme Court unanimously held in Nissen v. Pierce County that text messages sent or received by a public employee in his or her official capacity are public records within the meaning of the...more

Ninth Circuit Decision Creates New Tax Opportunities and Challenges in Indian Country

Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more

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