Environmental

May 23, 2024
Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.
May 23, 2024
Governance In Focus As ESG Gains Ground This Proxy Season

Support for corporate governance and compensation shareholder proposals has reached a five-year high this year, while support for environmental and social proposals has risen slightly after two years of decline, according to a new report.
May 23, 2024
Alaskan Youth Sue State Over $43B Natural Gas Project

A group of children is suing Alaska to stop a $43 billion liquefied natural gas project, alleging the endeavor violates their rights under the state constitution to a climate system capable of sustaining human life, liberty and dignity.
May 23, 2024
22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.
May 23, 2024
Feds Agree To Clean, Close Dump Site For Tribal Nations

The U.S. Environmental Protection Agency has reached an agreement with the Bureau of Indian Affairs to properly clean and shut down a 70-year-old solid waste dump site on tribal lands in northern Arizona, saying federal law requirements for its closure haven't been followed since 1997.
May 23, 2024
Enbridge Says Tribe's Trespass Law Could Cost It Millions

Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.
May 23, 2024
FERC Cements 1-Year Window For State, Tribal Water Permits

The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.
May 23, 2024
Senate Chairs Seek Info On Trump Meeting With Oil Cos.

The chairs of the Senate's tax and budget committees said Thursday that they were investigating a meeting with former President Donald Trump, oil and energy companies, a trade association where Trump reportedly sought $1 billion in exchange for policy favors.
May 23, 2024
Split Ohio High Court Says Jury Must Mull Drilling Rights Row

A split Ohio Supreme Court unraveled a trial court ruling in favor of oil and gas rights owner Tera LLC that acted as the basis of a $40 million damages award against Gulfport Energy, reasoning Thursday that there is a "genuine issue of material fact" over the meaning of certain terms in parties' lease agreement.
May 23, 2024
NCAA Can't Move Colo. Athlete Pay Case

A Colorado federal judge on Thursday rejected a bid by the National Collegiate Athletic Association and collegiate athletic conferences to move athletes' compensation allegations to California, where two similar cases are being heard, highlighting the choice by named plaintiffs to have their claims heard in Colorado.
May 23, 2024
Norfolk Southern Inks $310M Deal To Settle Feds' Spill Suit

Norfolk Southern Railway Co. on Thursday agreed to a $310 million deal to settle the federal government's legal claims that arose out of the 2023 train derailment in East Palestine, Ohio, that released large amounts of contaminants into the air, ground and water.
May 22, 2024
American Air Pilots Win Cert. Over 401(k)'s ESG Investments

A Texas federal judge on Wednesday certified a class of pilots accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.
May 22, 2024
Int'l Tribunal Says Countries Must Do More To Protect Oceans

In a historic unanimous ruling, an international tribunal has concluded that greenhouse gas emissions are polluting the oceans and that nations have an obligation under international law to "take all necessary measures" to prevent, reduce and control these emissions.
May 22, 2024
Founders Of BP's Archaea Looted From Own Co., Suit Says

A group of fraternity brothers who founded waste management company Noble Environmental Inc. and later sold a venture called Archaea Energy to BP has been hit with a shareholder derivative suit in Delaware Chancery Court alleging the fraternity brothers stole billions of dollars from the company and breached their fiduciary duties to minority shareholders.
May 22, 2024
Feds And Enviro Groups Fight Utah Counties' High Court Bid

The United States, a Colorado county and five environmental groups are fighting a bid by a coalition of Utah counties to win a U.S. Supreme Court review of a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from the state.
May 22, 2024
Youths Take Second Crack At Constitutional Climate Suit

A group of young plaintiffs on Monday made their second attempt at a lawsuit alleging that the Constitution guarantees "a life-sustaining climate system" and that the federal government unconstitutionally discriminates against children by favoring the fossil fuel industry's interests over children's.
May 22, 2024
Mich. Judge Not Satisfied By Atty's Letter Over Flint PR Stunt

The federal judge overseeing Flint, Michigan, water crisis cases isn't satisfied with a California attorney's letter denying involvement in an alleged smear campaign targeting a lawyer for Flint children, saying Wednesday that if the attorney doesn't provide more substantive information, she will be referred to the State Bar of California.
May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron

A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
May 22, 2024
Solar Cell Duties May Inadvertently Crush Domestic Industry

A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by domestic producers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.
May 22, 2024
Developer Had No Duty To Verify Flood Model, Court Hears

A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.
May 22, 2024
DuPont 'Document Dump' Rattles NC In PFAS Suit

North Carolina and DuPont on Wednesday battled over what the state called a roughly 5 million-page "document dump" ahead of a looming June 3 discovery deadline in its contamination lawsuit, irking a business court judge in the process.
May 22, 2024
Senate, House Dems Seek DOJ Big Oil Climate Impact Probe

U.S. Sen. Sheldon Whitehouse and U.S. Rep. Jamie Raskin, Democrats from Rhode Island and Maryland, respectively, called on the U.S. Department of Justice on Wednesday to formally investigate Big Oil companies over their decadeslong effort to conceal the impact of fossil fuels on climate change.
May 22, 2024
$600M Norfolk Southern Derailment Deal Gets Early Court OK

Consolidated class litigation over last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, cleared a court hurdle Tuesday after a federal judge tentatively signed off on a proposed $600 million settlement between the rail giant and thousands of impacted residents and businesses.
May 22, 2024
EPA Urges Justices To Keep Ozone Fight In DC Circ.

The U.S. Environmental Protection Agency on Tuesday urged the Supreme Court to keep seven consolidated challenges to the EPA's decision disapproving Utah's and Oklahoma's air quality plans in the D.C. Circuit.
May 22, 2024
Oil Tanker Operators To Pay $2M For Dumping Oil From Ship

The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.

Expert Analysis

Series

ESG Around The World: South Africa

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

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

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

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

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

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

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

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

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

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

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.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
Top 10 Employer Resolutions For 2024

From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.