Environmental

  • May 15, 2024

    Media Coverage Not Enough To Move Flint Water Case

    A water engineering company accused by the Michigan attorney general of prolonging Flint residents' lead exposure cannot move its eventual trial out of the region, a Michigan state judge ruled Wednesday, saying the company could not assume the entire jury pool was biased. 

  • May 15, 2024

    Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing

    The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.

  • May 15, 2024

    House Judiciary Chair Seeks Docs On IRS Backdating Probe

    The House Judiciary Committee's Republican chairman asked an IRS watchdog to reveal findings from investigations into allegations of IRS employee misconduct, including in a high-profile $38 million conservation easement deduction case in which the agency admitted to backdating evidence.

  • May 15, 2024

    EPA Urges La. Court Not To Broadly Block Civil Rights Regs

    The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.

  • May 15, 2024

    Monsanto's $23M False Ad Deal Challenged At 9th Circ.

    Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."

  • May 15, 2024

    4th Circ. Revives Landowners' $523K Win Against Pipeline Co.

    A Fourth Circuit panel has instructed a Virginia federal court to reinstate a more than $523,000 jury award for the condemnation of easements across a family's property by Mountain Valley Pipeline, holding the verdict can be supported by credited testimony.

  • May 15, 2024

    Chinese Art Marketplace, EV Co. Ink SPAC Deals Worth $834M

    Two Chinese companies, art marketplace Tyfon Culture Holdings and electric-vehicle maker Aiways Europe have announced plans to go public in the U.S. via mergers with special-purpose acquisition companies in deals that are together valued at around $834 million.

  • May 15, 2024

    DC Judge Urged To Halt Offshore Wind Project Construction

    Advocacy groups and a cohort of Rhode Island residents want a D.C. federal judge to halt construction on a wind farm off the coast of the Ocean State while they press claims that the federal government violated myriad environmental laws in approving the project.

  • May 15, 2024

    TPG, Hassana Craft $1.5B Partnership For Climate Fund

    Private equity giant TPG and Saudi Arabia's Hassana Investment Company on Wednesday unveiled a $1.5 billion strategic partnership in TPG's Rise Climate platform that includes a "substantial" anchor commitment to the firm's new Transition Infrastructure fund.

  • May 15, 2024

    Quikrete Unit Settles With Mass. AG Over Runoff At Paver Site

    A Quikrete Holdings Inc. subsidiary that makes concrete pavers is settling claims that runoff from its southeastern Massachusetts facility is polluting a river and neighboring wetlands in violation of the federal Clean Water Act, according to a proposed consent decree.

  • May 14, 2024

    Dems Dig Into Trump's Alleged Quid Pro Quo With Oil CEOs

    Rep. Jamie Raskin on Tuesday sent letters to the executives of ExxonMobil Corp., Chevron and seven other oil and gas companies requesting information about allegations that former President Donald Trump offered to demolish fossil fuel regulations in exchange for $1 billion in campaign donations.

  • May 14, 2024

    5 Takeaways From FERC's Grid Planning Policy Overhaul

    The Federal Energy Regulatory Commission's sweeping revision of its regional transmission planning policies will completely transform how U.S. grid projects are planned and paid for, but the agency's muscular approach will invite plenty of compliance and legal challenges. Here are five key takeaways from the rule finalized by FERC on Monday.

  • May 14, 2024

    Apache Investors Get First OK On $65M Deal In Drilling Suit

    A U.S. magistrate judge has given the first green light to a $65 million settlement resolving a lawsuit against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.

  • May 14, 2024

    9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid

    The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.

  • May 14, 2024

    Calif. City Sues Dow, Shell Over TCP-Tainted Water

    Dow Chemical and Shell USA are facing a negligence suit in California federal court by the city of Pomona, alleging the companies are responsible for manufacturing commercial products containing the toxic 1,2,3-trichloropropane that has migrated into the city's water supply and seeking to recoup costs over response efforts.

  • May 14, 2024

    Wash. Biz Groups Say EPA Water Regs Impossible To Follow

    Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."

  • May 14, 2024

    Texas Think Tank Tells 5th Circ. It's Owed Climate Pledge Info

    The Texas Public Policy Foundation told the Fifth Circuit that it should be allowed access to the names of federal officials involved in creating the Biden administration's climate pledge, arguing the federal government cannot rely on a disclosure exemption designed to protect personal privacy to withhold such information.

  • May 14, 2024

    Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant

    An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.

  • May 14, 2024

    Ga. Appeals Court Weighs Validity Of 190-Year-Old Land Grant

    A company seeking to "restore and conserve" approximately 1,000 acres of coastal marshland told Georgia Court of Appeals on Tuesday that the state is attempting to renege on a 190-year-old property grant and take back the land simply because it may soon be worth more than $100 million.

  • May 14, 2024

    Tort Report: Mass Tort Settlements Beset By Crooked Claims

    Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 14, 2024

    Feds Dodge Salt Lake City's Suit Over $1B Gondola Plan

    A Utah federal judge on Tuesday dismissed the federal government from a Salt Lake City lawsuit challenging federal approvals of a $1 billion plan to address traffic congestion by building the world's longest gondola.

  • May 14, 2024

    States, Elec. Co-Op Seek To Block EPA Power Plant GHG Rule

    A group of 25 red states and the National Rural Electric Cooperative Association asked the D.C. Circuit to block the U.S. Environmental Protection Agency from implementing its new power plant greenhouse gas emissions rule while they challenge its legality.

  • May 14, 2024

    DC Circ. Upholds EPA's Renewable Fuel Standards

    A divided D.C. Circuit panel upheld on Tuesday the U.S. Environmental Protection Agency's renewable fuel standards for 2020, 2021 and 2022, rejecting renewable fuel producers' claims the standards are too low, and petroleum refiners' contentions that they are too high.

  • May 14, 2024

    Plant Gas Emissions Suit Tossed For Lack Of Injury Standing

    A West Virginia federal judge has thrown out a proposed class action alleging a plant operated by Union Carbide Corp. and Covestro LLC emitted carcinogenic gas and increased the likelihood of cancer in nearby residents, finding the claim of injury too speculative to support the case.

  • May 14, 2024

    Firms Escape Malpractice Suit Over Chicken Plant Pollution

    Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

    Author Photo

    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Illinois EV Charging Act Sparks Developer Concerns

    Author Photo

    A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.

  • 5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS

    Author Photo

    The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.

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!