Environmental

  • April 17, 2024

    PG&E Sued For $225 Million Dixie Fire Forest Damage

    Owners of the Collins Almanor Forest in Northern California have slapped PG&E with a complaint alleging that they incurred more than $225 million in damage after the Dixie Fire ripped through approximately 55,000 acres of their forest lands in July 2021. 

  • April 17, 2024

    Tribal Groups Say Final Fish Harvesting Rule Violates NEPA

    Two Alaskan tribal organizations are asking a federal court to vacate a final groundfish harvest rule for the Bering Sea and Aleutian Islands, arguing that it fails to account for the rapid and unprecedented shifts in their ecosystems caused by climate change over the past two decades.

  • April 17, 2024

    Ga. Jury Finds Supplier At Fault For Botched Herbicide Job

    An Atlanta federal jury on Wednesday found a company hired to thin out woods on a rural Georgia property and a subcontractor brought in to spray the property with herbicide were responsible for wrecking a developer's plans for turning the location into a quail hunting retreat. 

  • April 17, 2024

    Hawaii AG Releases Timeline Of Deadly Lahaina Wildfire

    Hawaii's attorney general on Wednesday released findings from the first report of a three-part investigation into how state and county governments responded to the wildfires that ignited on the island of Maui last year, decimating the historic town of Lahaina and leaving more than 100 people dead.

  • April 17, 2024

    Tesla Gets PTAB To Wipe Out Vehicle Charging Patent

    Tesla has persuaded the Patent Trial and Appeal Board to invalidate all claims of a Charge Fusion Technologies electrical charging patent, the latest development in a larger legal battle between the parties.

  • April 17, 2024

    Gov't Officials Urge Global Cooperation On Taxing Wealth

    Global cooperation on taxing the wealthiest individuals and companies is necessary to address climate change and create social justice, government officials from Brazil, France and Nigeria said Wednesday at the International Monetary Fund's spring meeting.

  • April 17, 2024

    Republican AGs Petition EPA To Drop Enviro Justice Initiative

    Attorneys general from 23 primarily Republican-led states on Tuesday demanded that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.

  • April 17, 2024

    States, Biz Groups Back Fight Over DOE Furnace Rules

    Eighteen states and several business associations are backing gas utility groups' challenge to the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that the agency is unlawfully forcing a switch to new appliances.

  • April 17, 2024

    Florida Pleads With Judge To Stay Water Permit Ruling

    Florida called on a D.C. federal judge to pause his ruling vacating the U.S. Environmental Protection Agency's approval of the state's application to assume control of a Clean Water Act permitting program, amid its D.C. Circuit appeal.

  • April 17, 2024

    Reps. Want To Exempt Water Utilities From PFAS Liability

    A bipartisan duo of congressional lawmakers is pushing a bill that would exempt some public water systems, municipalities and other entities from liability for violations of federal "forever chemical" regulations.

  • April 17, 2024

    FERC Won't Rethink Pacific Northwest Gas Project Approval

    The Federal Energy Regulatory Commission on Tuesday stood by its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest opposed by Washington and Oregon officials, but Commissioner Allison Clements said there is significant evidence that the project is not needed.

  • April 17, 2024

    No Redo For Insurer In Hail Damage Dispute, Judge Says

    A Texas federal court refused to rethink its ruling denying an insurer's early win in a hail damage coverage dispute with a textile company, saying the insurer provided no new information that could change the court's finding or establish the court's manifest error.

  • April 17, 2024

    Ariz. Tribes Lose Bid To Block SunZia Power Line Project

    An Arizona federal judge on Tuesday rejected a request by Native American tribes and environmentalists to block work on SunZia's $10 billion transmission line in a southeastern valley known for its historic and cultural significance, finding that their claims are likely time-barred by a six-year statute of limitations that began in 2015.

  • April 17, 2024

    Waste Co. Strikes Deal To End 401(k) Mismanagement Suit

    A waste management company reached an agreement to end a former worker's proposed class action claiming it breached federal benefits law by stacking its $813 million retirement plan with needlessly expensive funds, according to a filing in Massachusetts federal court.

  • April 17, 2024

    Feds, Tribe Say Settlement Talks Failed In Water Pipeline Row

    The Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service asked a New York federal court to opt out of mediation talks after the tribe said the agency refused its settlement offer in litigation challenging a right-of-way permit for a wastewater pipeline.

  • April 16, 2024

    Cashed Check Kills VW Emissions Deal Appeal, 9th Circ. Says

    The Ninth Circuit on Tuesday threw out an attempt to unravel an $80 million deal resolving consolidated consumer litigation alleging Volkswagen and Porsche manipulated emissions and fuel-economy tests for nearly 500,000 gas-powered vehicles, saying the objector has already cashed his portion of the settlement.

  • April 16, 2024

    Tribal Groups Want Full 9th Circ. To Rehear Oak Flat Appeal

    An Apache nonprofit is asking the Ninth Circuit's entire 29-judge panel to review its lawsuit that seeks to block a copper mining company from destroying a sacred Indigenous religious site, arguing that an en banc hearing is warranted given the appellate court's latest split decision on the land transfer.

  • April 16, 2024

    DC Circ. Grills EPA On Nixing Refiners' Biofuel Exemptions

    A D.C. Circuit panel seemed open Tuesday to petroleum refiners' challenge to federal regulators' denial of their exemptions to federal renewable fuel requirements, as the judges grilled attorneys for the U.S. Environmental Protection Agency on how federal regulators gauge refineries' compliance costs.

  • April 16, 2024

    Vineyard Wind Urges 1st Circ. To Uphold Project Approval

    Developers of an offshore wind energy project near Martha's Vineyard, Massachusetts, on Tuesday urged the First Circuit not to revive a fishing group's legal challenge to the endeavor, arguing the environmental review process was solid.

  • April 16, 2024

    DOE Aims To Wrap LNG Review By Year-End, Granholm Says

    U.S. Secretary of Energy Jennifer Granholm on Tuesday said her agency hoped to complete the review of its liquefied natural gas export policy by year's end and pushed back on accusations that the current pause of export reviews is permanent.

  • April 16, 2024

    Feds, PPG Reach $22.8M Deal To Clean Up NJ Superfund Site

    The U.S. Environmental Protection Agency unveiled a settlement with PPG Industries Inc. on Tuesday under which the company has agreed to cough up more than $22.8 million to cover the estimated future cleanup costs and maintenance at the Riverside Industrial Park Superfund Site in Newark, New Jersey.

  • April 16, 2024

    Absent Proof Of Direct Effect, Pa. Sen. Loses Wastewater Row

    A Pennsylvania state senator lacks individual standing to stop the state Department of Environmental Protection from allowing wastewater discharges into a tributary of the Susquehanna River because she hasn't given enough evidence that potential pollution would directly affect her, a state appeals court ruled Tuesday.

  • April 16, 2024

    EPA Urges 5th Circ. To Back Win In Texas Air Quality Suit

    U.S. regulators and the Sierra Club urged the Fifth Circuit not to upset a panel's ruling finding the government legally accepted pollution data from the conservation group to apply a poor air quality designation in two Texas counties surrounding a coal-fired power plant.

  • April 16, 2024

    9th Circ. Upholds $64M Award In Water Contamination Suit

    The Ninth Circuit upheld a $64 million award against a Parker Hannifin unit for cleanup costs tied to groundwater contamination in California's Santa Clarita Valley, and further held the district court erred in denying a finding of liability against the company.

  • April 16, 2024

    Florida Lost Its CWA Permitting Power. Now What?

    A federal judge's decision to snatch away Florida's right to administer a Clean Water Act permitting program, which had been approved by the U.S. Environmental Protection Agency, serves as a warning to other states that might be considering taking over those powers and responsibilities.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

  • Opinion

    What Insurers Gain When Litigating Coverage Denials

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    Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • 10 Issues To Watch As ESG Remains Alive And Well In 2024

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    Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

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