Environmental

  • February 09, 2024

    Flint Shouldn't Be 'Yardstick' In Water Cases, 6th Circ. Told

    Children accusing a small Michigan city of botching its response to lead contamination in drinking water told the Sixth Circuit on Thursday their case has been unfairly measured against the Flint water crisis.

  • February 09, 2024

    FERC Gets Full-Time Chair, But Another Exit Fuels Uncertainty

    President Joe Biden on Friday formally removed the "acting" designation from Federal Energy Regulatory Commission Chair Willie Phillips, the same day fellow Commissioner Allison Clements confirmed she won't seek another term, which could potentially leave FERC without enough members to fully function.

  • February 09, 2024

    Ore. Dam Can Be Reviewed In 5 Years, Judge Says

    An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    Bad Faith Claim Rejected Again In Hurricane Ida Coverage Suit

    A Louisiana federal judge again refused to find that the insurer of a suburban New Orleans commercial property acted in bad faith in denying to cover $220,000 in damage Hurricane Ida allegedly caused in 2021.

  • February 09, 2024

    Environmental Group Of The Year: Hunton

    Attorneys with Hunton Andrews Kurth LLP won a hard-fought contest over the future of a controversial West Virginia gas pipeline, got a Trump-era regulation reinstated at the Ninth Circuit and shepherded a major Florida mine through permitting, earning the firm a place among Law360's 2023 Environmental Groups of the Year.

  • February 08, 2024

    Manchin Says Biden Admin Mishandled LNG Pause

    Sen. Joe Manchin expressed his dismay at the Biden administration's late-January announcement to pause liquified natural gas export permit approvals, telling David Turk, the deputy secretary of energy, in a hearing on Thursday that the administration should have turned to the Senate for discussion before making the decision.

  • February 08, 2024

    Exxon Told Climate Proposal Suit Threatens Investor Rights

    The Interfaith Center on Corporate Responsibility is urging Exxon to abandon a lawsuit launched against two activist investors who tried to push for a shareholder vote on a climate proposal that has since been withdrawn.

  • February 08, 2024

    Wash. Judge Says Tribes Can't Seek Cultural Damages

    A Washington federal judge said the Confederated Tribes of the Colville Reservation can't seek millions of dollars of cultural resource damages over discharges from a Teck Resources Ltd. unit's smelter in Trail, British Columbia, holding that such damages can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 08, 2024

    $1B DuPont Deal Gets Final OK In Firefighting Foam MDL

    A South Carolina federal judge on Thursday granted final approval to a $1.18 billion settlement involving chemical companies DuPont, Chemours and Corteva over drinking water polluted by so-called forever chemicals, dismissing objections raised by three Washington cities and the North Texas Municipal Water District, among others.

  • February 08, 2024

    DuPont Spinoffs Can't Escape PFAS Suit In NC

    The North Carolina Business Court ruled Wednesday that spinoff companies of DuPont have to pay up if the legacy business is found liable for contaminating the environment with "forever chemicals" in a lawsuit brought by the state attorney general.

  • February 08, 2024

    NJ, Ft. Lee Mayor Fail To Merge NY Congestion Pricing Suits

    A federal judge on Thursday rejected a bid to consolidate two lawsuits — one filed by New Jersey, the other by the mayor of a Garden State town — seeking to halt New York City's congestion pricing toll plan, ruling that the suits make similar claims but seek different remedies.

  • February 08, 2024

    Pomerantz Beats 5 Other Firms To Lead SolarEdge Investor Suit

    A New York federal judge has appointed Pomerantz LLP to serve as lead counsel in a proposed shareholder class action claiming that SolarEdge Technologies Inc. failed to disclose information to investors about decreasing European sales, beating out five other firms that sought to lead the suit.

  • February 08, 2024

    Industry Stuck With $37M Bill To Fund EPA Chemicals Work

    Chemical companies will have to cover 25% of the U.S. Environmental Protection Agency's costs related to implementing 2016 amendments to the Toxic Substances Control Act — to the tune of $37 million — under a final rule announced Thursday.

  • February 08, 2024

    House Energy And Commerce Chair Says She'll Retire

    U.S. Rep. Cathy McMorris Rodgers, R-Wash., chair of the House Energy and Commerce Committee, which oversees several federal agencies including telecommunications, energy and environmental regulators, announced on Thursday she won't seek reelection.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    New Eagle Rule Aims To Expand Clean Power, Protect Birds

    Federal wildlife regulators on Thursday put out streamlined permitting for wind farms, power lines and other projects that unintentionally kill, injure and disturb bald and golden eagles, a move welcomed by clean power and conservation groups.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    Monsanto Fights $2.25B Verdict After Philly Roundup Trial

    Monsanto is fighting a Philadelphia jury's explosive $2.25 billion rebuke of its Roundup weedkiller in a cancer lawsuit, claiming that the judge overseeing the case made a strong string of unfair rulings such as allowing "inflammatory" testimony and "abusive" cross-examination.

  • February 08, 2024

    Fund Sells $3B In Oil Biz Shares Over Slow Climate Action

    One of the Netherlands' largest pension funds has sold all its shares in companies including BP, Shell and TotalEnergies for a total of roughly €2.8 billion ($3 billion), saying Thursday that the oil and gas giants have failed to move away from fossil fuels quickly enough.

  • February 08, 2024

    Mich. Judge Won't Restore $2.4M Bosch Defeat Device Deal

    Chevrolet Cruze drivers can't salvage a scrapped $2.4 million settlement with an auto parts manufacturer in litigation claiming cars they purchased were equipped with emissions-cheating software, a Michigan federal judge said Wednesday.

  • February 08, 2024

    EPA Says Backlogged Pesticide Program Getting Updates

    The U.S. Environmental Protection Agency said criticism of its ambitious plan to update an Endangered Species Act review program for pesticides has prompted it to revise maps that contained inaccurate information about species' habitat and make other changes.

  • February 08, 2024

    Environmental Group Of The Year: Baron & Budd

    Baron & Budd PC attorneys wrangled a $12.5 billion settlement with 3M over contamination of public water systems — the largest settlement of its kind in U.S. history — which, among other notable legal accomplishments, earned it a spot among Law360's 2023 Environmental Groups of the Year.

  • February 08, 2024

    Eversheds Partner Talks 1st Renewable Energy Super Bowl

    With the National Football League on the precipice of hosting the first 100% renewable energy-powered Super Bowl in history, Baird Fogel, partner and head of the global sports practice at Eversheds Sutherland — and the man behind the host stadium's energy deal — said this is just the beginning.

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

Expert Analysis

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

    Author Photo

    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Generator, Utility Challenges After FERC Connection Revamp

    Author Photo

    The Federal Energy Regulatory Commission's recently issued Order No. 2023 requires major changes to the process by which power generators connect to transmission providers, and while it should help better integrate new renewable energy sources, many generators and utilities will face challenges during the transition, say Eric Runge and Margaret Czepiel at Day Pitney.

  • Pending 6th Circ. Ruling Has Broad Class Action Implications

    Author Photo

    If the Sixth Circuit decides in FirstEnergy Corp. Securities Litigation to treat alleged half-truths as omissions for the purposes of class certification, public companies would be exposed to near-automatic class certification in nearly every securities case and would face steeper evidentiary hurdles at the merits stages, say attorneys at Willkie.

  • Mitigating Risk In US Liquefied Natural Gas Contracts

    Author Photo

    Recent increases in demand for liquefied natural gas in both European and Asian markets will present logistical, economic and legal challenges for suppliers, which will need to mitigate risks posed by both short-term and long-term contracts, says C. Thomas Kruse at Arnold & Porter.

  • Ohio Rulings Are Cautionary Tales For Attorneys In Crisis

    Author Photo

    Two recent decisions from Ohio state courts provide a sobering reminder that a counsel’s personal emergencies will not always suffice to alter court deadlines or excuse procedural missteps, and that prompt communication and documentation are crucial in the Buckeye State and beyond, says L. Bradfield Hughes at Porter Wright.

  • EPA Focus On Lead Could Heighten Private Litigation Risk

    Author Photo

    As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

    Author Photo

    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • MoCRA Will Give Cosmetics Litigation A Makeover

    Author Photo

    Many provisions of the Modernization of Cosmetics Regulation Act go into effect at the end of this year — so cosmetics companies must understand how the law presents both benefits and challenges, especially with regard to litigation, say attorneys at Crowell & Moring.

  • Investors Should Prepare For Possible EU Energy Treaty Exit

    Author Photo

    Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.

  • If Justices End Chevron Deference, Auer Could Be Next Target

    Author Photo

    If the U.S. Supreme Court decides next term to overrule its Chevron v. NRDC decision, it may open the door for a similar review of the Auer deference — the principle that a government agency can interpret, through application, ambiguous agency regulations, says Sohan Dasgupta at Taft Stettinius.

  • How High Court Is Assessing Tribal Law Questions

    Author Photo

    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • Even Without US, Deep-Sea Mining Rules Likely To Prevail

    Author Photo

    While the U.S. was absent from the International Seabed Authority's recent meeting in Jamaica, and has not ratified the United Nations Convention on the Law of the Sea, it seems increasingly clear that the ISA's forthcoming deep-sea mining regime will become a global framework of reference, say Louise Woods and Elena Guillet at V&E.

  • In-Office Engagement Is Essential To Associate Development

    Author Photo

    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Global Analysis Of Climate Suits Reveals Strategic Focus

    Author Photo

    A recent report from the Grantham Institute, reviewing climate lawsuits around the world and identifying eight types of so-called strategic litigation, offers insights that may help companies reduce their exposure and protect their reputations, say Jason Halper and Sharon Takhar at Cadwalader.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

    Author Photo

    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Environmental archive.
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!