Environmental

  • April 09, 2024

    9th Circ. Open To Reviving Calif. Cannabis Abatement Fight

    A Ninth Circuit panel on Tuesday appeared open to reviving a proposed class action alleging that Humboldt County's abatement fines for unlicensed cannabis growing structures is an unconstitutional "dragnet scheme," with two judges suggesting the magistrate judge inappropriately resolved material factual disputes against the property owners at the pleading stage.

  • April 09, 2024

    4th Circ. Tosses Duty To Defend Case Over Oil Co.'s Objection

    The Fourth Circuit said Tuesday that a West Virginia oil and gas company lacked standing to continue an appeal that was originally brought by a green grower, which had sought coverage from its insurer for an underlying $4 million land use dispute with the extractor.

  • April 09, 2024

    FTC Pressures Global Partners, Gulf Oil Into Reducing Deal

    The Federal Trade Commission took credit Tuesday for raising antitrust concerns spurring the late-February reduction of Global Partners LP's purchase of Northeast U.S. gas terminals from Gulf Oil, cut from five terminals with a $273 million price tag to four terminals and a $212.3 million payment.

  • April 09, 2024

    Tech M&A Reigns Supreme In Q1 After Rare Hiccup In Q4

    The technology sector logged the greatest total value of global mergers and acquisitions in the first quarter of 2024, following a rare quarter that saw the industry fall out of the top spot and into third place, data from Dealogic shows.

  • April 09, 2024

    House GOP To Air Measure Rejecting SEC Climate Rule

    The U.S. House of Representatives' Financial Services Committee will hold a hearing Wednesday morning addressing the U.S. Securities and Exchange Commission's climate disclosure rules, where a leading Republican member of the committee is expected to put forth a resolution that would nullify the rules.

  • April 09, 2024

    47 Members Of Congress Urge DC Circ. To Ax EPA Smog Plan

    Nearly 50 members of Congress called on the D.C. Circuit to strike down the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions in several states, arguing that the agency is infringing on states' authority to establish how they achieve federal air quality standards.

  • April 09, 2024

    EPA Reaches $1.4M Deal With Chemical Co. Over Plant Fire

    The U.S. Environmental Protection Agency on Monday said that it had recently reached a settlement with Houston-based Sasol Chemicals LLC over a 2022 chemical plant explosion in Westlake, Louisiana, over which the company agreed to pay more than $1.4 million in civil penalties and fix violations.

  • April 09, 2024

    Feds Want To Push Back Complex Camp Lejeune Cases

    The federal government has asked the North Carolina court overseeing litigation concerning contaminated water at Camp Lejeune to first try cases brought by former residents of the Marine base who allege they have developed only one disease from the water and try more complicated cases later.

  • April 09, 2024

    EPA Outlines New Ways To Destroy, Dispose Of PFAS

    Waste managers, government regulators and the public should use methods such as underground injection to destroy or dispose of perfluoroalkyl and polyfluoroalkyl substances and PFAS materials, guidance from the U.S. Environmental Protection Agency says.

  • April 09, 2024

    Hogan Lovells Adds Baker Botts Enviro Litigators In DC, SF

    Hogan Lovells announced Tuesday it has hired three environmental crisis and white collar attorneys from Baker Botts LLP to bolster efforts to steer clients through criminal environmental and workplace safety investigations and other matters.

  • April 09, 2024

    16 States Seek To Defend EPA Particulate Matter Rule

    A coalition of 16 states, New York City and Washington, D.C., has pushed to intervene before the D.C. Circuit in defense of the U.S. Environmental Protection Agency's recent final rule tightening federal standards for fine particulate matter pollution, as it faces challenges from industry groups and Republican-led states.

  • April 09, 2024

    Climate Inaction Violates Human Rights Law, ECHR Rules

    The European Court of Human Rights found on Tuesday that the Swiss government was at fault over failures to tackle global warming, one of three major decisions on climate change that could affect litigation in the future.

  • April 09, 2024

    California Can Set Own Emissions Standards, DC Circ. Says

    The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.

  • April 09, 2024

    Norfolk Southern Settles Train Derailment Suits For $600M

    Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.

  • April 09, 2024

    EPA Finalizes Rule Cutting Cancer-Causing Emissions

    The U.S. Environmental Protection Agency on Tuesday finalized restrictions on cancer-causing emissions including ethylene oxide and chloroprene from chemical plants that the agency says will reduce nearby vulnerable populations' risk of cancer and other health problems.

  • April 08, 2024

    W.Va. Blocks Citi, HSBC, Others Over Fossil Fuel 'Boycotts'

    West Virginia's state treasurer announced Monday that Citigroup Inc., HSBC Holdings PLC, TD Bank NA and The Northern Trust Co. are ineligible for state banking contracts, finding they boycott fossil fuel companies under a Mountain State law, while two other banks escaped such a designation.

  • April 08, 2024

    7th Circ. Won't Demolish Obama Center Approval

    Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.

  • April 08, 2024

    Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes Say

    A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.

  • April 08, 2024

    Miss. Residents Defend Jackson Water Contamination Claims

    A group of Jackson, Mississippi, residents are asking a federal judge to preserve their second amended proposed class action against the mostly Black city over a water treatment plant shutdown that left more than 150,000 people without access to clean water. 

  • April 08, 2024

    Texas School District Not Immune In Arbitration Row

    A Texas school district isn't immune from a lawsuit by its insurers seeking to appoint an umpire in a $10 million hurricane damage dispute, a New York federal court ruled Monday, finding the district doesn't meet the standards set under the 11th Amendment.

  • April 08, 2024

    Southwest Gas Unit Centuri Eyes Spinoff Through $242M IPO

    Southwest Gas Holdings Inc.'s infrastructure services unit Centuri Holdings Inc. on Monday unveiled terms for an estimated $242 million initial public offering that would lead to Centuri becoming a standalone public company, represented by Morrison Foerster LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.

  • April 08, 2024

    DOI Sued Over Absent Western Gray Wolf Protections

    Ten environmental groups have slapped the U.S. Department of the Interior with a complaint in Montana federal court challenging the agency's finding that gray wolves in the Western U.S. do not warrant listing as an endangered or threatened species under the Endangered Species Act.

  • April 08, 2024

    Group Says US Oil-Drilling Policy Harms Protected Species

    An environmental group sued the U.S. government Monday in District of Columbia federal court, accusing it of violating the Endangered Species Act and alleging that top officials are not adequately protecting threatened animals from offshore oil and gas activities in the Gulf of Mexico.

  • April 08, 2024

    Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row

    Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.

  • April 08, 2024

    Oak Flat Mining Decision Treads On Human Rights, UN Told

    The San Carlos Apache Tribe is urging a United Nations committee to ask the United States to withhold any permissions that would allow Resolution Copper Co. to proceed with any activity on a plot of land known as Oak Flat, arguing that a Ninth Circuit ruling allowing the land transfer merits urgent intervention to prevent further human rights violations on the sacred site.

Expert Analysis

  • 5 Securities Litigation Issues To Watch In 2024

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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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.

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