Environmental

  • April 17, 2024

    Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed

    An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.

  • 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.

Expert Analysis

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

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