Environmental

  • October 18, 2021

    Md. Judge Refuses Sanctions In Superfund Cleanup Case

    A Maryland federal judge has reminded counsel for both sides to remain civil and professional in her order that denied a sugar company's request to sanction those behind a lawsuit seeking cleanup costs of hazardous substances at Baltimore-area landfills.

  • October 18, 2021

    Bus Co. Agrees To $1.9M Deal To End Illegal Idling Claims

    The bus provider for more than a dozen Connecticut public school districts has agreed to commit $1.8 million to electrify its fleet of over 1,000 vehicles to end a Clean Air Act citizen suit alleging its vehicles were frequently observed unlawfully idling, according to a court-approved consent decree.

  • October 18, 2021

    Texas Justices Asked To Cut Houston From Water Project

    The Brazos River Authority has asked the Texas Supreme Court to reverse lower court rulings maintaining Houston's interest in an unbuilt water reservoir that was first permitted decades ago, arguing a state statute seeking to retroactively strip the city's interest in order to jumpstart construction is valid and enforceable.

  • October 18, 2021

    Feds Seek $13.8M In Clean Coal Project Contract Breach Suit

    The U.S. Department of Energy wants $13.8 million from two companies that guaranteed the now-stalled construction of a Texas coal power plant with carbon capture and sequester capabilities, saying the companies violated contracts that kept funding for the project coming.

  • October 18, 2021

    Ill. Copper Plant Hit With $72M Pollution Verdict

    A St. Clair County, Illinois, jury on Friday hit a copper tube manufacturer with a $72 million verdict finding it liable for emitting pollutants from an Illinois plant that caused cancer and other health issues for nearby residents who were exposed.

  • October 18, 2021

    5th Circ. Revives Pollution Claims Against DuPont

    The Fifth Circuit revived a putative class action against DuPont and the Louisiana Department of Health, with a split panel saying the claims can't be deemed tardy until it's determined when one resident realized her symptoms might be tied to pollution from a neoprene plant.

  • October 18, 2021

    Amplify's Class Action Woes Grow Following Pipeline Spill

    A proposed class of Golden State businesses has sued Amplify Energy Corp., the owner of a ruptured Pacific Ocean oil pipeline, increasing the legal fallout from the spill that befouled the Southern California coast.

  • October 18, 2021

    Biden Admin. Starts Governmentwide Effort To Combat PFAS

    The Biden administration on Monday announced a multiagency, three-year strategy to begin addressing the contamination of what have come to be called "forever chemicals," setting a timeline for drinking water limits and designating some substances a hazard under the nation's Superfund law.

  • October 18, 2021

    Cities' Lead Pipe Overhauls Need More Than Federal Cash

    An unprecedented $45 billion to pay for lead pipe replacement across the country could be set aside through key bills making their way through Congress, but local governments may face pitfalls as they take steps toward lead-free systems, even with plenty of cash.

  • October 15, 2021

    US, Wind Farm Cos. Ask for Win in Okla. 'Mining' Suit

    The U.S government and a group of wind farm developers have asked a federal judge to grant summary judgment in their long-running battle over the excavation and use of minerals on Osage Nation land.

  • October 15, 2021

    Group Cuts Some Claims From Bison Hunt Suit At 9th. Circ.

    A community group that sued the federal government over bison hunting near Yellowstone National Park voluntarily dismissed two of its three claims in the Ninth Circuit on Friday, only continuing to request a deadline for an environmental review of bison hunting.

  • October 15, 2021

    DOJ Wants AECOM Worker Deposed On Time For Katrina Suit

    The U.S. Department of Justice urged a Louisiana federal court in a letter Friday to greenlight the scheduled deposition of a former AECOM project officer accused of falsifying reports to defraud FEMA's Hurricane Katrina relief fund, despite opposition from the company.

  • October 15, 2021

    Texas Justices To Hear Houston Drainage Fee Dispute

    The Texas Supreme Court on Friday agreed to decide whether to revive a proposed class action against Houston and its leaders brought by property owners who say they are owed reimbursement for a drainage fee that was misleadingly imposed on residents of the city.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    Sacramento County Is Hit With $42.9M Sewage Discharge Suit

    A nonprofit environmental group has hit the County of Sacramento and its sewage and water departments with a $42 million suit alleging that the county has been improperly discharging sewage into surrounding U.S. waterways since 2018.

  • October 15, 2021

    DOL Plan Could Make ESG Retirement Investing Hip — Again

    A new U.S. Department of Labor proposal would rip down Trump-era barriers that discouraged ESG investing by employee retirement funds, but it may only be the latest volley in a fiery debate over whether such investments are economically relevant — and whether they benefit or harm investors.

  • October 15, 2021

    High Court Won't Pause Ruling Axing Spire Pipeline Permit

    The U.S. Supreme Court on Friday denied gas pipeline operator Spire's request for the high court to pause a D.C. Circuit order vacating a key permit for the now-completed $286 million, 65-mile pipeline that serves the St. Louis area.

  • October 15, 2021

    Solar Developer Fights Insurer On Pollution Policy Trigger

    A renewable energy company told a Rhode Island federal court that its insurer shouldn't be able to trigger an exemption on a pollution claim based on the company's decision to pivot away from building a solar facility.

  • October 15, 2021

    DuPont, Others Must Face NJ Water Co.'s Pollution Suit

    A New Jersey federal judge won't let Corteva Inc., DuPont de Nemours Inc. and others escape a suit from Suez Water New Jersey Inc. alleging they allowed per- and polyfluoroalkyl substances, or PFAS, into the state's waterways, saying the utility has sufficiently alleged injuries resulting from contamination.

  • October 15, 2021

    FERC Commissioner Splits Ramp Up Confirmation Pressure

    Tuesday's Senate confirmation hearing on President Joe Biden's choice to fill the last vacant spot at the Federal Energy Regulatory Commission has taken on new stakes after stalemates among FERC's four current commissioners allowed two controversial power market changes to take effect.

  • October 15, 2021

    5 Key Environmental Issues Facing Georgia

    As Georgia's population continues to grow, environmental issues including water use, environmental justice and the tensions between rural and urban interests will also increase in importance.

  • October 14, 2021

    EPA Unveils Plan To Address Native Water Challenges

    The U.S. Environmental Protection Agency unveiled an action plan Thursday aimed at bolstering its partnerships with tribes to tackle critical water issues and provide vital water protections on native lands.

  • October 14, 2021

    Biden Officials Say Environmental Justice Is Top Priority

    Environmental justice will be a centerpiece of the Biden administration's environmental enforcement priorities, top officials from the U.S. Department of Justice, U.S. Environmental Protection Agency and U.S. Department of Transportation said during a virtual conference on Thursday.

  • October 14, 2021

    Fed. Circ. Backs $5M Atty Fees In Fracking Patent Case

    The Federal Circuit on Thursday stood by a North Dakota federal judge's holding that Heat On-The-Fly LLC must pay $5 million in attorney fees for infringement litigation where it asserted a fracking patent it knew was invalid.

  • October 14, 2021

    FAR Council Ponders Rule To Mitigate Contract Climate Effect

    The Federal Acquisition Regulatory Council on Thursday said it may propose a rule aimed at minimizing the climate impact of major federal procurements, aimed especially at reducing greenhouse gas emissions by contractors. 

Expert Analysis

  • Draft Plan Illuminates EPA's Enviro Justice, Climate Priorities

    Author Photo

    The U.S. Environmental Protection Agency's recently released draft strategic plan provides the key to understanding a number of the agency's recent priorities, including an enhanced focus on environmental justice, greater oversight of regulatory programs, and state and local partnerships to enforce environmental laws, say attorneys at King & Spalding.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

    Author Photo

    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Perspectives

    Attorneys, Fight For Enviro Justice With Both Law And Protest

    Author Photo

    In this moment of climate crisis, lawyers can and should use law and protest in tandem — from urging law firms to stop serving the fossil fuel industry to helping draft laws that accelerate the transition to a sustainable way of life, says Vivek Maru at Namati.

  • Proposed Mass. Enviro Regs Prompt Compliance Questions

    Author Photo

    The proposed amendments to the Massachusetts Environmental Policy Act would introduce new assessments for determining unfair or inequitable environmental burden on marginalized populations, but the lack of guidance and a looming implementation deadline leave developers in the dark on how to apply new regulatory concepts, say attorneys at Holland & Knight.

  • How Canceling The Border Wall Affects Gov't Contractors

    Author Photo

    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

    Author Photo

    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

    Author Photo

    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Girardi Scandal Provides Important Ethics Lessons

    Author Photo

    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

    Author Photo

    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

    Author Photo

    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

    Author Photo

    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Next Fed Supervision Vice Chair Must Restore Bank Oversight

    Author Photo

    President Joe Biden's upcoming pick for vice chair of supervision at the Federal Reserve must undo deregulation of the banking industry carried out since 2017, and address emerging threats with an eye toward racial economic inequality, climate-related risks, fintech, liquidity requirements and more, says Phillip Basil at Better Markets.

  • 5th Circ. Ruling Aids Policyholder Deductible Calculations

    Author Photo

    In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.

  • Shippers Face Risk Even From Voluntary GHG Reductions

    Author Photo

    As the global shipping industry prepares for mandates to cut maritime greenhouse gas emissions, some shippers are touting voluntary GHG reductions that exceed international requirements — but these efforts are not without potential legal and compliance risks, say attorneys at Winston & Strawn.

  • DC Circ.'s Exploratory Data Ruling Is A Win For Transparency

    Author Photo

    The District of Columbia Circuit's recent decision in Pavement Coatings v. U.S. Geological Survey, holding that the Freedom of Information Act's deliberative process exemption cannot be invoked to shield exploratory research data, will help hold government scientists accountable and deter federal agencies from manipulating data, say Lawrence Ebner at Capital Appellate Advocacy and David Kanter at Swanson Martin.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!