Environmental

  • November 25, 2024

    Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'

    Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.

  • November 25, 2024

    Justices Pass On Ex-Atty's Puerto Rico Bribery Appeal

    The U.S. Supreme Court on Monday declined to review the bribery convictions of a former attorney who solicited and accepted payments from an environmental contractor to influence three Puerto Rican mayors and helped the contractor secure government contracts worth millions of dollars.

  • November 22, 2024

    Trump Makes Picks For FDA, CDC And Surgeon General

    President-elect Donald Trump on Friday ​​revealed his nominations for several health agencies, picking Johns Hopkins surgeon and professor Dr. Marty Makary for Food and Drug Administration commissioner, former Rep. Dave Weldon, R-Fla., as the Centers for Disease Control and Prevention director, and Fox News contributor Dr. Janette Nesheiwat for surgeon general.

  • November 22, 2024

    Pam Bondi's 'Greatest Hits' As Florida Attorney General

    In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.

  • November 22, 2024

    EPA Targets Stationary Combustion Turbine NOx Emissions

    The Biden administration isn't letting Donald Trump's presidential election victory block its air pollution agenda, as it proposed a rule Friday that would strengthen limits on emissions of nitrogen oxides from new gas-fired power plants and other sources.

  • November 22, 2024

    Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed

    A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.

  • November 22, 2024

    New Congress Could Undo Rules On Drinking Water, Methane

    A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.

  • November 22, 2024

    Hunting Groups Sue Colo. Wildlife Regulators Over Editorial

    Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.

  • November 22, 2024

    Manhattan Project Waste Suit Sent Back To Mich. State Court

    A Michigan federal judge on Friday remanded back to state court a lawsuit from communities trying to prevent a local landfill company from accepting decades-old radioactive waste from the development of the first atomic bomb, finding a state judge can answer the unsubstantial federal question raised in the case.

  • November 22, 2024

    Bulgaria Looks To Nix $61M Renewable Energy Award Suit

    Bulgaria is urging a D.C. federal court to nix litigation filed by Maltese investor ACF Renewable Energy Ltd. to enforce a €61 million ($63.54 million) arbitral award it won following a dispute over a nixed tariff program, arguing that it never agreed to arbitrate with ACF.

  • November 22, 2024

    Feds Slam Utah High Court Case Over Fed. Land Ownership

    The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.

  • November 22, 2024

    Port Operators Can't Join Suit Over Delaware River Project

    A Pennsylvania federal judge has ruled two terminal companies waited too long to join in on a case that resulted in the revocation of the approval for a new port project on the Delaware River, reasoning that the companies' claim of having a stake in the outcome of the case was untimely.

  • November 22, 2024

    Mich. Justices Want To Know If 3M Water Challenge Is Moot

    The Michigan Supreme Court ordered additional briefing Friday in 3M Co.'s challenge to regulations on PFAS in drinking water to address whether subsequent regulatory changes made 3M's lawsuit moot, echoing a focal point of last week's oral arguments in the case. 

  • November 22, 2024

    Insurer Owes $4.5M For Water Damage, Wash. HOA Says

    A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.

  • November 22, 2024

    PFAS Foam MDL Attys Score $95.8M For Tyco, BASF Deals

    A South Carolina federal judge awarded nearly $96 million in combined fees and costs Friday to lead counsel representing public water systems for reaching a $316.5 million deal with BASF Corp. and $750 million with Tyco Fire Products LP over forever chemicals, lauding them as "some of the most qualified mass tort litigators in America."

  • November 22, 2024

    Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.

    U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.

  • November 22, 2024

    LA Power Dept. Inks $60M Settlement Over Valley Gas Leak

    The Los Angeles Department of Water and Power has reached a $59.9 million settlement over allegations that it hid a dangerous natural gas leak from San Fernando Valley residents for over three years, according to the plaintiffs' counsel.

  • November 22, 2024

    EPA, Pa. Nab $5.3M In Penalties Against Oil, Gas Producers

    The U.S. Department of Justice and the U.S. Environmental Protection Agency said Thursday they have secured two settlements amounting to $5.3 million with XTO Energy Inc. and Hilcorp Energy Company, resolving alleged Clean Air Act and Pennsylvania Air Pollution Control Act violations.

  • November 22, 2024

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

    This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.

  • November 22, 2024

    Ex-Invenergy Atty Joins McDermott's Energy Team In DC

    McDermott Will & Emery LLP announced Friday its Washington, D.C., office has brought on an in-house renewable energy and taxation expert with more than a decade of experience to further help the firm's clients utilize energy transition tax credits available in the Inflation Reduction Act.

  • November 21, 2024

    Greens Sue Army Corps Over San Jacinto River Barge Project

    A Texas environmental group sued the U.S. Army Corps of Engineers in Texas federal court Thursday, claiming the Corps rubber-stamped a barge mooring project in the San Jacinto River that runs a serious risk of releasing dangerous contaminants and poisoning the waterway.

  • November 21, 2024

    FirstEnergy Investors Slam Ex-Execs' Info 'Bogeyman' Story

    FirstEnergy shareholders have accused two former executives of the energy company of exploiting confidentiality rules by seeking to shield documents relevant to their suit over a stock plummet that followed a massive bribery scheme, telling an Ohio federal judge he should reject the executives' "informational bogeyman" story.

  • November 21, 2024

    FERC Heeds States' Worries With Grid Planning Policy Rewrite

    The Federal Energy Regulatory Commission on Thursday approved changes to its sweeping revision of its regional transmission planning policies, and a heftier role for states in the planning process was enough to assuage the concerns of a commissioner who dissented from the original rule.

  • November 21, 2024

    DOD Needs To Do More To Fix Military Housing, OIG Says

    The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.

  • November 21, 2024

    Judge Suggests 1st Circ. Should Hear Lobster Tracking Case

    A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

Expert Analysis

  • ESA Ruling May Jeopardize Gulf Of Mexico Drilling Operations

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    A Maryland federal court's recent decision in Sierra Club v. National Marine Fisheries Service, vacating key Endangered Species Act analyses of oil and gas operations in the Gulf of Mexico, may create a gap in guidance that could expose operators to enforcement risk and even criminal liability, say attorneys at Holland & Knight.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Opinion

    Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Navigating The Uncertain Landscape Of Solar Tariffs

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    Solar cell and module manufacturers, exporters and importers must navigate an uncertain compliance landscape, given ongoing challenges to U.S. Department of Commerce antidumping and countervailing duty determinations, which have been mounted both by U.S. and non-U.S. manufacturers, say attorneys at Morgan Lewis.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

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