Environmental

  • April 30, 2024

    5th Circ. Backs La. Enviro Dept. In Gas Facility Permit Dispute

    A Fifth Circuit panel upheld the Louisiana Department of Environmental Quality's permitting decision for a liquefied natural gas export facility, rejecting concerns raised by the Sierra Club that the facility's emissions will surpass national ambient air quality standards.

  • April 30, 2024

    8th Circ. Orders BASF Damages Trial In Herbicide Row

    An Eighth Circuit panel on Tuesday once again directed a Missouri federal court to hold a trial to assess punitive damages for BASF Corp. in litigation alleging the sale of herbicide-resistant seeds led to the destruction of a farm's peach trees when herbicide drifted from neighboring farms.

  • April 30, 2024

    IRS Updates Guidance For Clean Jet Fuel Tax Credits

    The Internal Revenue Service released guidance Tuesday that updated an environmental model that manufacturers of a low-carbon alternative to conventional jet fuel, such as ethanol, can use to qualify for a new tax credit and provided a safe harbor for producers to meet the incentive's requirements.

  • April 30, 2024

    EPA Finalizes Methylene Chloride Ban

    The U.S. Environmental Protection Agency on Tuesday finalized a rule banning all consumer uses and most industrial and commercial uses of methylene chloride, a chemical regulators say can increase cancer risks and cause reproductive damage with repeat exposure. 

  • April 29, 2024

    Amazon Files $200M Countersuit Over Solar Projects' Fallout

    Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.

  • April 29, 2024

    9th Circ. Upholds NRC's Exemption For Diablo Canyon Plant

    A Ninth Circuit panel ruled Monday that the U.S. Nuclear Regulatory Commission did not act arbitrarily or capriciously when it allowed Pacific Gas & Electric Co. to belatedly renew its license to continue operating California's last remaining nuclear power plant.

  • April 29, 2024

    US, Tribes Defend Water Rule Against States', Biz Groups' Suit

    The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.

  • April 29, 2024

    Biden Admin's Border Wall Plan Must Be Vacated, Court Told

    Texas and Missouri again urged a federal judge Monday to vacate the Biden administration's plan to redirect congressional funding for a southern U.S. border wall as the White House pushed back, saying it would be an overreach to eliminate its directive.

  • April 29, 2024

    Builders Say State Rulemaking At Stake In Mich. PFAS Case

    A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.

  • April 29, 2024

    Fruit Co. Must Face Pollution Suit From Tribe, Enviro Groups

    A Michigan federal judge has ruled a fruit and vegetable company can't escape claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges, saying the company's defense essentially ignores the primary theory of liability put forward by a Native American tribe and two environmental groups. 

  • April 29, 2024

    IRS To Open $6B 2nd Round Of Advanced Energy Tax Credits

    The IRS will start taking applications May 28 from project owners seeking to get part of a $6 billion second round of tax credits for developments that will support the clean energy industry, such as solar glass manufacturing and metal recycling facilities, the agency said Monday.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    Mineral Co. Faces Investor Suit Over Gov't Contract Loss

    Mineral producer Compass Minerals International Inc. has been hit with a putative investor class action alleging the company failed to properly apprise investors about the likelihood that it would not secure a fire retardant supplier contract with the U.S. Forest Service ahead of 2024's fire season.

  • April 26, 2024

    4 Takeaways From Final EPA Power Plant Rules

    The U.S. Environmental Protection Agency's long-awaited rule limiting greenhouse gas emissions from power plants accelerates the timeline for the electricity sector's transition away from fossil fuels, though there's plenty of legal and political uncertainty to consider. Here are four key takeaways from the EPA's power plant moves.

  • April 26, 2024

    Rail Group Sues Minnesota Over New Hazmat Safety Fee Law

    The lead lobbying group for the largest freight railroads sued Minnesota Attorney General Keith Ellison in federal court on Friday, challenging a state law requiring railroads to dedicate $2.8 million for responding to hazardous material incidents.

  • April 26, 2024

    Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting

    At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.

  • April 26, 2024

    Suncor Judge Frets Permit Deadlines Are Near 'Impossible'

    A Colorado state judge told state water regulators on Friday he is concerned they are putting Suncor Energy in a "very difficult position" with new oil refinery water permit rules, which take effect as early as May 1 even though the company says they could take years to comply with.

  • April 26, 2024

    5th Circ. Upholds Pecan Farm's Flood Win Against Sand Mine

    A Fifth Circuit panel has upheld a more than $659,000 jury verdict against the owner of a sand and gravel mine after a "120-year flood" event severely damaged an Austin pecan farm, holding the evidence showed the company's large freshwater pit was responsible for the damage.

  • April 26, 2024

    Insurers Say BASF Can't Seek Same PFAS Coverage In 3 Suits

    BASF Corp.'s insurers have said a South Carolina federal court lacked jurisdiction and should toss the chemical manufacturer's case in favor of similar New Jersey state litigation seeking coverage for thousands of underlying allegations that a substance made for firefighting foam caused pollution and injury.

  • April 26, 2024

    Co. Says Policy Fight On $45B DOE Deal Isn't For Claims Court

    A joint venture awarded a $45 billion nuclear waste management contract is urging the Court of Federal Claims to reject a rival's allegation that a U.S. Department of Energy policy change enabling the contract award was improper, saying the claims court lacked jurisdiction.

  • April 26, 2024

    $2.3B Roundup Win 'Unconstitutionally Excessive,' Judge Told

    Counsel for Roundup maker and Bayer AG unit Monsanto asked a Philadelphia judge on Friday to undo a $2.25 billion award to a man who claimed the weed killer caused him to develop lymphoma, calling the massive verdict "unconstitutionally excessive" during a state court hearing.

  • April 26, 2024

    Fla. Wants DC Circ. To Pause Wetlands Permits Decision

    The state of Florida has called on the D.C. Circuit to pause a lower court's February ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, arguing the decision is likely to be reversed.

  • April 26, 2024

    Ga. Residents Want In On $300M Monkey Farm Fight

    Four Georgia residents have asked a federal judge to let them intervene in a dispute over the construction of a sprawling primate-rearing farm in Bainbridge, alleging the local development authority that approved a $300 million bond deal for the project is colluding with the farm's backers to advance the project.

  • April 26, 2024

    Colo. House OKs Land Cleanup Tax Credit Extension

    Colorado would extend its income tax credit for certain environmental remediation of contaminated property for five years under legislation approved Friday by the House of Representatives.

  • April 26, 2024

    Texas Must Face Feds' Suit Over Anti-Migrant Buoy Barrier

    A Texas federal judge will allow the Biden administration's lawsuit to proceed over Texas' 1,000-foot barrier in the Rio Grande to keep out migrants, ruling Friday that the administration had plausibly alleged its domain over structures in navigable waters.

Expert Analysis

  • How DOI Aims To Modernize Resource Damage Assessments

    Author Photo

    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

    Author Photo

    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 Securities Litigation Issues To Watch In 2024

    Author Photo

    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Antitrust And ESG: Maximizing Targets, Ensuring Compliance

    Author Photo

    Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.

  • Growing Green Tech Demand Spells Trouble For Groundwater

    Author Photo

    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • What One Litigator Learned Serving On A Jury

    Author Photo

    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Series

    ESG Around The World: South Africa

    Author Photo

    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 4 Legal Ethics Considerations For The New Year

    Author Photo

    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

    Author Photo

    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

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!