Environmental

  • April 19, 2024

    Flint Class Urges Approval Of $25M Water Firm Settlement

    A proposed class of 45,000 Flint, Michigan, property owners, businesses and adult residents on Friday urged a Michigan federal court to give the go-ahead to a $25 million settlement with Veolia North America, the last remaining engineering defendant in sprawling litigation over the city's water crisis.

  • April 19, 2024

    Enviro Groups Say Federal Plan Threatens At-Risk Bats

    A coalition of environmental groups sued the U.S. Forest Service and the U.S. Fish and Wildlife Service on Thursday in North Carolina federal court alleging that a plan to allow logging in the Nantahala and Pisgah national forests will harm endangered bats on the brink of extinction.

  • April 19, 2024

    NY Nixes Power Deals With Trio Of Offshore Wind Projects

    New York officials on Friday said they wouldn't offer power contracts to a trio of offshore wind projects, the latest setback for the Empire State in efforts to make offshore wind a key component of its clean energy future.

  • April 19, 2024

    Biden Administration Sharply Limits Drilling In Alaska Arctic

    The Biden administration on Friday issued new restrictions on oil and gas leasing across vast swathes of Alaska's Arctic while simultaneously ruling out construction of a controversial road state officials proposed to access mining areas in sensitive wilderness.

  • April 19, 2024

    Pa. AG Charges Shell With Hiding Pipeline Pollution Spills

    Pennsylvania Attorney General Michelle Henry announced Friday that she has charged a Shell subsidiary in state court, saying the company did not tell the state's Department of Environmental Protection about pollution problems it encountered while building a 45-mile pipeline in the Keystone State.

  • April 19, 2024

    Fla. Solar Panel CEO Can Be Sued In Mich., Judge Says

    A Michigan federal judge ruled Thursday that a Florida resident and former CEO of a solar panel company must face racketeering claims in Michigan alongside the company for allegedly scamming customers because he used to own property in the state and lived there during the alleged scheme.

  • April 19, 2024

    Arnold & Porter Atty Returns To Greenberg Traurig In Calif.

    Greenberg Traurig LLP has rehired a former associate from Arnold & Porter Kaye Scholer LLP whose practice focuses on a range of environmental litigation dealing with cancer-causing chemicals, plastic pollutants and the laws surrounding their regulation.

  • April 19, 2024

    EPA Says 2 'Forever Chemicals' Are Hazardous Substances

    The U.S. Environmental Protection Agency on Friday officially declared two "forever chemicals" to be hazardous materials under federal law, which could bring a host of consequences for Superfund site cleanups and development projects.

  • April 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 18, 2024

    Nuke Power Plant Owner Says NY Can't Bar Water Discharges

    The owner of the shuttered Indian Point nuclear power plant sued the state of New York on Thursday, alleging a law banning discharges of radioactive materials into the Hudson River unlawfully infringes on the federal government's authority. 

  • April 18, 2024

    4th Circ. Vacates Enviro Win In Mining Co. Permit Ruling

    The special receiver for a defunct mining company can transfer mining permits for a site formerly owned by Patriot Coal Corp., the Fourth Circuit ruled, finding that a West Virginia federal judge interpreted a consent decree providing for mine shutdown and cleanup too broadly.

  • April 18, 2024

    Electronics Co. Says Insurer Cut $34.9M In Asbestos Coverage

    A Philadelphia electronics company that inherited asbestos liability from a company it acquired told a Pennsylvania federal court that an insurer is wrongfully preventing it from accessing over $34.9 million in coverage to deal with the claims.

  • April 18, 2024

    BLM Prioritizes Conservation On Federal Land In Final Rule

    The Biden administration finalized a rule Thursday that prioritizes the conservation of federal lands through new initiatives like leasing frameworks that center on restoration and mitigation.

  • April 18, 2024

    Enbridge Says Feds' Pipeline Brief Aids Michigan Case

    Enbridge Energy has said the U.S. government's recent brief to the Seventh Circuit in separate litigation over its Line 5 pipeline backs its challenge against Michigan over the state's attempts to shutter the project, arguing the federal government has a strong interest in ensuring that trade and diplomatic relations with Canada aren't affected.

  • April 18, 2024

    25 States Urge DC Circ. To Block EPA Auto Emissions Rules

    Twenty-five Republican-led states on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans through 2032.

  • April 18, 2024

    FERC To Reveal Final Grid-Planning Policy Revamp

    The Federal Energy Regulatory Commission on Thursday said it would unveil on May 13 the final version of its long-awaited overhaul of how major electric transmission projects are planned and paid for.

  • April 18, 2024

    Gulf Oil Terminal Sale Spurs Environmental Settlement Talks

    The recent sale of a Gulf Oil shoreline terminal in New Haven, Connecticut, is poised to advance settlement talks in an environmental lawsuit challenging the facility's preparedness for the alleged effects of global warming, according to a federal court hearing held Thursday.

  • April 18, 2024

    Pomerantz To Rep Investors In AT&T Lead Cable Class Action

    A New Jersey federal judge approved Pomerantz LLP as the lead counsel for a proposed investor class action alleging AT&T lied about its effort to be environmentally conscious while contributing to the installation of toxic lead cables, with the New York City Public Pension Funds serving as lead plaintiff.

  • April 18, 2024

    Admiral Balks At Covering Menendez Ally In Pollution Suit

    Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.

  • April 18, 2024

    Maui County Sued Over Wildfire Landfill Debris Storage

    Maui County has been slapped with a lawsuit in Hawaii federal court alleging it relied on a deficient, 28-year-old environmental impact statement when taking over a nearly 20-acre parcel of land to house debris from last year's massive wildfires, in violation of the Hawaii Environmental Protection Act.

  • April 18, 2024

    Coast Guard's Dredging Barge Approval Upheld At 5th Circ.

    The U.S. Coast Guard properly certified a dredging vessel with foreign-made components to work in the Houston Shipping Channel, according to a Fifth Circuit panel ruling that the maritime service deserved court deference to interpret its own regulations.

  • 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. 

Expert Analysis

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • SEC Climate Rules Create Unique Challenges For CRE

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    The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.

  • Energy Community Tax Credit Boost Will Benefit Wind Sector

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    Recent Internal Revenue Service guidance broadening tax credit eligibility to more parts of offshore wind facilities in so-called energy communities is a win for the industry, which stands to see more projects qualify for a particularly valuable bonus in the investment tax credit context due to the capital-intensive nature of offshore wind projects, say attorneys at Troutman Pepper.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • Traversing The Web Of Nonjudicial Grievance Mechanisms

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    Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.

  • Exploring Patent Trends In Aerospace Electrification

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    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

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