The Philippine Coast Guard (PCG) has removed a floating barrier allegedly placed by China near the disputed Scarborough Shoal in the South China Sea, this according to a PCG spokesperson. In recent days, PCG had announced that China installed the floating barrier to hinder Philippine fishermen from accessing the fishing grounds near the controversial shoal,…
Alex Murdaugh, a South Carolinian attorney who became a household name after taking a gunshot to the head while changing a tire, has sought a new trial. It was not just his near-death experience that made headlines. Peculiar circumstances surrounding the incident, including whether the tire had been deliberated damaged and its possible connections with…
In the first half of 2023, significant developments took place in eminent domain law, involving key cases and legislative changes. The case of City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68), led the headlines details on JD Supra. This occurrence originated in Arkansas, United States, and involved a group…
Attorneys representing clients at Marine Corps Base Camp Lejeune need to tread carefully to avoid violating the Telephone Consumer Protection Act (TCPA). This legislation has become the fulcrum for lawsuits against lawyers seeking to assist veterans and their families affected by the toxic chemical exposure at the base. Libby Vish, discuss via Law360, highlights the…
On September 14, the New York Attorney General (“AG”) and the New York Department of Environmental Conservation Commissioner jointly announced the convictions of ALPCO Recycling, Inc., Alton Plumb, Jr., Finger Lakes Cleanup and Recycling Consultants, Inc., and Craig Foster. This announcement marks a significant step in criminal enforcement against the illegal processing and disposal of…
California’s environmental law and policy have undergone significant evolution, especially regarding the State Water Resources Control Board’s authority to investigate water rights. The novel Senate Bill 389 has been passed by the state legislators. The bill, which now awaits the approval of Governor Gavin Newsom, explicitly authorizes the Board to look into all assertions of…
In an important recent development, the Environmental Protection Agency (EPA) announced on September 14, 2023, its final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule. This new rule significantly expands the powers of states and tribal authorities in environmental regulation. Before this legislation, a federal agency might veto the issuance of a…
A recent ruling by US military judge, Colonel Matthew N. McCall, has deemed 9/11 defendant, Ramzi bin al-Shibh, unfit to stand trial. Held in US custody at Guantanamo Bay, Cuba, al-Shibh has been found to be suffering from Post Traumatic Stress Disorder (PTSD) with “Secondary Psychotic Features”, a consequence of his alleged abuse in Central…
The Federal Supreme Court of Brazil on Thursday invalidated a legislative proposal 9-2 regarding the temporal boundaries for demarcating indigenous lands. The judges’ ruling runs contrary to the argument that the territory of indigenous peoples can only be demarcated if there is evidence of the community in question’s existence as of the promulgation date of…
A Texas federal judge ruled in favor of the U.S. Department of Labor’s (DOL) socially conscious investing rule, verifying that it does not violate federal law. This judgment comes as a significant legal triumph for the DOL, at a point when its broader rulemaking initiatives are confronting substantial challenge. The judgment is perceived as a…
The US Court of Appeals for the Third Circuit recently upheld a district court’s decision stating that a candymaker cannot trademark the shape and colors of watermelon candies. The court’s decision hinges on the fact that the combined colors and shape of the candies perform a functional role — they signal to consumers that the…
Maine has recently pushed back the implementation of a unique law requiring manufacturers to disclose the presence of per- and polyfluoroalkyl substances (PFAS) in products sold within the state. Originally slated for January 2024, manufacturers now have until January 2025 to comply. This groundbreaking legislation aims to effectively ban PFAS in most such products by…
A recent podcast, titled “The Briefing”, shined light on a contentious copyright case involving a photographer and a real estate media site. The photographer, whose name remains undisclosed, has taken legal action against the media platform for publishing several of his pictures without consent. According to an excerpt from the podcast hosted by Scott Hervey…
In a recent interview published by JD Supra, legal practitioners Dr. Marc Philipp Weber, Tim Wybitul and Dr. Arne Klaas address one of the increasing growing challenges that corporations and law firms across Europe, and particularly in Germany, are facing: Hefty sanctions and fines for data protection violations under Article 83 of the General Data…
The field of law has witnessed numerous moments of technological upheaval, but recent developments in artificial intelligence (AI) have prompted significant attention, with the New Jersey Supreme Court being the latest to turn its gaze toward this digital frontier. On a recent Friday, the Supreme Court announced the formation of a 31-member committee committed to…
The U.S. Supreme Court once again brought the term Water of the United States (WOTUS) under the spotlight following its decision in Sackett v. EPA on May 25. This ruling has recalibrated the approach to determine WOTUS, a key prerequisite for actions under the Clean Water Act (CWA). It’s important to note that the CWA…
The 3M Company’s $12 billion class action settlement with public water supply companies has been back in the spotlight following the initial announcement in June 2023. The settlement initially faced scrutiny due to terms concerning indemnity obligations, causing concerns among several state governments. These provisions mandated public water suppliers to indemnify 3M against claims made…
As many companies seek to navigate the transition to low-carbon operations, Carbon Capture and Sequestration (CCS) projects are emerging as an essential strategy. However, the development of these initiatives appears to be stuck, largely due to ongoing delays from the U.S. Environmental Protection Agency (EPA) in issuing permits for CCS projects [JDSupra]. The problem is…
The Consumer Product Safety Commission (CPSC) has embarked on a comprehensive data collection effort focused on the prevalence and use of per- and polyfluoroalkyl substances (PFAS) in consumer products. The initiative was laid out in detail in a September 30 Federal Register Notice and Request for Information (“ROI”). PFAS are synthetic chemicals that are resistant…
In a significant legal development, Columbia Riverkeeper and the Port of Vancouver U.S.A. have entered into a Consent Decree (CD) dated September 12th, tackling alleged violations of the Clean Water Act. This legal agreement marks a pivotal juncture in the commitment of both parties towards maintaining compliance with environmental laws. The Port of Vancouver U.S.A.,…
Asset repledging, colloquially known as “rehypothecation”, embodies the maxim of ‘borrowing from Peter to pay Paul’ – a practice that savvy legal professionals are increasingly scrutinizing in an era of financial uncertainty. Often employed within the realms of loan, swap, and brokerage transactions, it’s an operational mainstay that is not without its consequences. Pledged assets,…
In an interesting development, a professor from China raised serious concerns about Japan’s decision to discharge nuclear water from the Fukushima Daiichi Nuclear Power Station during the 54th session of the United Nations Human Rights Council held on Tuesday. The concerns were voiced in a dialogue with the Special Rapporteur on toxics and human rights,…
Renowned author George RR Martin is among a group of literary figures taking legal action against artificial intelligence (AI) company OpenAI. The group alleges that the company’s algorithms were trained using their copyrighted work. Detailed insights into the suit can be found via this comprehensive Reuters report. In separate news, former Department of Homeland Security…
Amid continued US-China tensions, extended COVID-19 lockdowns, and the country’s crackdown on data and national security, China’s law firms have had an incredibly arduous year. Out of the 45 top-performing Chinese law firms by gross revenue, comprising over 85% of the total, there have been whopping drops in proceeds during 2022. In some dire cases,…
In the ever-evolving landscape of environmental law, a noteworthy development has come to the fore in California. The Biden administration is restoring major state and tribal authority over water resources, simultaneously expanding their influence on infrastructure permitting decisions, including those involving pipelines. This significant shift in policy designates a return to greater local control over…