Environmental

  • April 01, 2024

    EPA Asks 4th Circ. To Review Panel's Split Ozone Decision

    The U.S. Environmental Protection Agency has told the Fourth Circuit that a panel of judges incorrectly rejected its attempt to move West Virginia's lawsuit over an ozone regulation program to a different court.

  • April 01, 2024

    Forest Service Must Revisit Changes To Timber Standards

    An Oregon federal judge has agreed to set aside an environmental analysis for timber standard changes the U.S. Forest Service approved for millions of acres of federal land across eastern Oregon and Washington, finding no errors in a magistrate judge's conclusion that the agency violated multiple federal statutes.

  • April 01, 2024

    Feds Catch Win In Alaska Subsistence Fishing Dispute

    A federal judge has granted the U.S. government's bid for an early win in its challenge against Alaska over subsistence fishing rules in the Kuskokwim River, which runs through the state's southwest region, ruling that the United States is entitled to a permanent injunction.

  • April 01, 2024

    States Want Justices To Send Ozone Fight Back To 10th Circ.

    Oklahoma, Utah and a coalition of industry groups are asking the U.S. Supreme Court to declare that their fight over compliance with federal ozone standards belongs in the Tenth Circuit, not the D.C. Circuit.

  • April 01, 2024

    Nike Defeats Greenwashing Suit Over 'Sustainability' Line

    Nike has defeated a proposed class action alleging it greenwashes its clothing by claiming they're made sustainably while using methods that harm the environment, after a Missouri federal judge concluded the plaintiff doesn't explain how she knows the products aren't made with recycled or organic materials and only provides conclusory statements.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Shell Ordered To Hand Over Docs In Conn. Climate Dispute

    Shell Oil Co. must hand over several documents by the end of April in litigation concerning the company's alleged failure to take into account climate change risks at a fuel storage facility in New Haven, Connecticut, a federal magistrate judge has ruled in an attempt to end the parties' long-running discovery dispute.

  • April 01, 2024

    Tribe, Allies Defend Standing To Fight Corps' Fish Farm Permit

    The Army Corps of Engineers is trying to "muddy the water" to fend off a challenge to a nationwide permit opening ocean waters to aquaculture operations, failing to justify why the permit shouldn't be scrapped, the Quinault Indian Nation and nonprofit allies have told a Washington federal judge.

  • April 01, 2024

    3M Gets Final OK On PFAS Deal Worth Up To $12.5B

    A South Carolina federal judge on Friday gave a final nod on a settlement between 3M and about 12,000 public water systems worth up to $12.5 billion to end claims over so-called forever chemicals in firefighting foam, saying that otherwise it would take years to try the cases.

  • April 01, 2024

    Gas Cos. Must Face State Law Claims In Contamination Row

    Electricity and natural gas company WEC Energy Group Inc. can't dodge all claims by Illinois residents accusing the company and its subsidiary of conspiring with a public relations firm to hide the extent of natural gas contamination in an aquifer that provides drinking water, an Illinois federal judge ruled Sunday.

  • April 01, 2024

    Reduced Dolphin Threat Revives US-New Zealand Fish Trade

    New Zealand's fisheries can begin shipping seafood to the U.S. again, after the U.S. Court of International Trade accepted a finding on Monday that the New Zealand government had taken steps to protect the endangered Maui dolphin from harmful fishing techniques.

  • April 01, 2024

    SunZia Power Line Challenge Is Ripe, Arizona Tribes Say

    A coalition of Arizona tribes and conservation groups challenging the federal government's green light for SunZia Transmission LLC to start building a stretch of its 550-mile, high-voltage power line are defending the timeliness of their bid to halt work and compel the Bureau of Land Management to identify and safeguard cultural sites and sacred areas in the San Pedro Valley.

  • April 01, 2024

    Insurer Defends Gas Station Cleanup Exclusion To 11th Circ.

    An insurer has asked the Eleventh Circuit to reject a Florida gas station owner's bid to make it pay for contamination caused by a leaking underground fuel tank, telling the appeals court the station's policy doesn't cover an incident discovered well before the policy went into effect.

  • April 01, 2024

    GE Vernova Spinoff Approved, Valued At $35.7B

    General Electric Co. said its board has approved the previously announced spinoff of its electric power business GE Vernova, setting the new company up to begin trading on the New York Stock Exchange on April 2.

  • March 29, 2024

    High Bar To Meet For Novel Protest Over $45B DOE Deal

    The U.S. Department of Energy's deviation from typical federal acquisition rules to award a $45 billion contract to a company previously deemed ineligible is raising eyebrows among government contracting attorneys, but may nonetheless find support in court.

  • March 29, 2024

    Liberty Sues SEC Again Over Climate Disclosure Regs

    Liberty Energy Inc. filed a complaint against the U.S. Securities and Exchange Commission in Texas federal court, marking the company's second attempt at challenging the agency's corporate climate disclosure regulations after its previous Fifth Circuit petition was transferred to the Eighth Circuit.

  • March 29, 2024

    Tribes Lose Challenge To Minnesota Water Quality Regs

    A Minnesota federal judge on Friday shot down a suit by two Native American tribes accusing the U.S. Environmental Protection Agency of allowing the state to adopt less protective water quality standards that could harm their reservations' wildlife and crops.

  • March 29, 2024

    DC Circ. Nixes Challenges To Gas Industry Projects

    Federal energy regulators had broad discretion to approve "good cause" construction deadline extensions for a gas pipeline across New York state and a Texas Gulf Coast gas terminal expansion, according to a D.C. Circuit panel opinion on Friday that rejected conservation groups' challenges to the projects.

  • March 29, 2024

    Nikola Says Convicted Ex-CEO Plotting Illegal Board Takeover

    Electric truck manufacturer Nikola Corp. sued its former CEO and convicted felon Trevor Milton in Arizona federal court Friday, accusing him of scheming with unqualified loyalists to regain control of the company by flouting securities laws, infringing Nikola's trademarks and breaching agreements.

  • March 29, 2024

    No Need To Revisit 'Cultural Resource' Ruling, Teck Argues

    A Teck Resources unit is urging a Washington federal judge to reject the Confederated Tribes of the Colville Reservation's request to reconsider an order dismissing its claims for so-called tribal service losses stemming from a smelter's Columbia River pollution, saying the tribe erroneously argues limitations on natural resource damages don't apply to tribes.

  • March 29, 2024

    Texas Farmers Sue USDA Over Sex, Race Disaster Aid Priorities

    A group of Texas farmers is asking a federal district judge to declare the U.S. Department of Agriculture's disaster assistance and pandemic relief programs unconstitutional, alleging in a complaint Friday that the government distributes the aid based on sex and race in violation of federal anti-discrimination laws.

  • March 29, 2024

    2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit

    An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.

  • March 29, 2024

    Baptist Group Backs Pollution Suit Revival At 5th Circ.

    The National Baptist Convention of America has thrown its support behind Black Louisianans in litigation against St. James Parish, urging the Fifth Circuit to revive the plaintiffs' claims that the parish and the state Legislature intentionally approved harmful petrochemical facilities in predominantly Black districts and not white ones.

  • March 29, 2024

    Retirement Advisers Back Biden Admin's ESG Rule In 5th Circ.

    Supporters of a Biden administration rule allowing retirement advisers to consider environmental, social and governance issues when making decisions for clients rose to defend the policy in the Fifth Circuit, arguing the move aligns with fiduciary duties to minimize risks and maximize returns for clients.

  • March 29, 2024

    Red States Say Court Must Lift LNG Export Review Pause

    A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.

Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • What To Expect After Colo. Nixes Special Standing Rules

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    Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Biden Climate Push Expands With Contractor GHG Focus

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    President Joe Biden's recent announcement that federal agencies will consider contractors' greenhouse gas emissions when making procurement decisions demonstrates his administration's continued interest in using government contracting as a vehicle for reducing climate-related impacts — a theme first established in the early months of his term, say attorneys at Winston & Strawn.

  • Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

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    An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • House Bill Could Help Resolve 'Waters Of US' Questions

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    Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.

  • Calif. Climate Disclosure Laws: Next Steps For Companies

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    A trio of new climate disclosure laws in California will impose far-reaching corporate reporting requirements — so companies doing business in the state must immediately begin working to substantiate their climate claims and update marketing materials, and consider getting involved in rulemaking that will shape the legislation's impact, say attorneys at Alston & Bird.

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