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Environmental
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July 11, 2024
Coca-Cola Faces Revised Suit Over PFAS In Juice Products
A New York man has hit Coca-Cola and its Simply Orange Juice Co. subsidiary with a revised proposed class action alleging they deceptively market juices as pure, healthy and all-natural when they actually contain harmful, man-made forever chemicals.
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July 11, 2024
Deals Rumor Mill: Saudi Aramco, Paramount Global, Carlyle
The Carlyle Group is considering acquiring Baxter International's kidney-care spinoff Vantive for about $4 billion, Aramco attracted more than $31 billion in orders for its $6 billion bond sale, and Paramount Global plans to cut more jobs before its merger with Skydance Media closes. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 11, 2024
EPA Grants Petition On Plastic Container PFAS
The U.S. Environmental Protection Agency on Wednesday granted a petition asking it to address several so-called forever chemicals formed during the fluorination of plastic containers for a variety of household and industrial uses.
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July 11, 2024
Biden Floats $2B To Drive US Auto Industry's EV Pivot
The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.
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July 10, 2024
Roundup Cancer Case Revived By Oregon Appellate Panel
An Oregon appellate panel on Wednesday revived a lawsuit claiming Bayer AG subsidiary Monsanto's weedkiller Roundup caused an Oregon man's cancer, saying the judge who oversaw the trial that cleared the company wrongly excluded testimony from an expert for the plaintiff.
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July 10, 2024
Energy Cos., States Seek Review Of Calif. Emissions Decision
Industry groups and a coalition of states led by Ohio are asking the U.S. Supreme Court to review a D.C. Circuit ruling upholding the U.S. Environmental Protection Agency's approval of a waiver letting California set greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
Utah Goes 'Too Far' In Seeking Order Clarity, Tribe Says
A Native American tribe asked a federal district judge Tuesday to deny a bid by Utah to clarify a June order that dismissed the tribe's racial-bidding scheme claims against several state officials, arguing that the state is using the request as a vehicle to ax all remaining allegations in the tribe's suit.
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July 10, 2024
3rd Circ. Questions Authority Of Fish Management Councils
The Third Circuit on Wednesday grappled with whether the "Fishery Management Councils" that set plans and limits for ocean fisheries are merely advisers to the commerce secretary or if they're empowered enough for their members to be subject to Senate confirmation, with one judge suggesting that the panels are essentially "toothless."
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July 10, 2024
Mont. High Court Weighs Youths' Right To Sue In Climate Case
The Montana Supreme Court on Wednesday wrestled with whether to revive state law provisions that bar the consideration of greenhouse gas emissions in permitting decisions that were struck down by a lower court judge, querying both sides whether the youth plaintiffs had standing to sue.
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July 10, 2024
Rural Broadband Org. Calls For Speedier Permitting Process
A rural broadband advocacy group is urging Congress to pass two companion bills that would enable the use of online portals to expedite the permitting process to build high-speed networks on federal lands.
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July 10, 2024
Mich. County Fights To Keep $217M Edenville Dam Repair Tax
Homeowners attacking a localized tax to fund the reconstruction of four dams have already had a chance to contest the assessment and shouldn't get a second one, a Michigan county told a federal judge Tuesday.
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July 10, 2024
NC Utility's PFAS Suit Survives Dismissal Bid
A water utility suing the Chemours Co., Corteva Inc. and E. I. du Pont de Nemours and Co. Inc. over forever chemical contamination stemming from the Fayetteville Works plant in eastern North Carolina saw a number of claims survive their bid to have its suit thrown out.
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July 10, 2024
Kirkland, Skadden Steer $1.8B Honeywell Natural Gas Biz Deal
Kirkland & Ellis LLP-led Honeywell said Wednesday it has agreed to acquire Air Products' liquefied natural gas process technology and equipment business for $1.81 billion in an all-cash transaction, with Skadden Arps Slate Meagher & Flom LLP sitting on the other side of the bargaining table.
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July 10, 2024
Insurer, Property Cos. Settle Lead Poisoning Coverage Suit
An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.
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July 10, 2024
DC Circ. Won't Block EPA Methane Rule
The D.C. Circuit rejected states and industry groups' efforts to block the implementation of the U.S. Environmental Protection Agency's final rule establishing expanded methane emissions control requirements for oil and gas infrastructure.
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July 10, 2024
DOI Pledges $120M For Tribal Climate Resiliency Efforts
The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.
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July 09, 2024
Fuel Groups Ask Justices To Revisit Calif. Clean Air Act Waiver
Fuel producers and industry groups called on the U.S. Supreme Court to review the D.C. Circuit's decision to uphold 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.
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July 09, 2024
'Plain English, Graphics, Pictures': Enviro Policy Post-Chevron
Environmental policymakers will have to start writing their rules using "plain English, graphics, pictures" and other tactics to make the rationale behind agency and congressional policy crystal clear to judges in the wake of the U.S. Supreme Court's recent decision striking down Chevron deference, attorneys told Law360.
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July 09, 2024
DC Circ. Sends EPA Chemical Test Order Back For Review
The D.C. Circuit scrapped a U.S. Environmental Protection Agency order directing seven chemical manufacturers and processors to test the effects of 1,1,2-trichloroethane on the reproductive systems of birds, holding that it improperly relied on nonpublic information to justify the need for the testing.
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July 09, 2024
Bill Would Approve Largest Tribal Water Rights Settlement
A bipartisan group of Arizona federal lawmakers has introduced legislation that, if approved, would authorize the country's largest Native American water rights settlement and resolve claims by the Navajo Nation and the San Juan Southern Paiute and Hopi tribes.
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July 09, 2024
Texas Refinery Says EPA Needs To Rule On CAA Exception
A small refinery based in Sugar Land, Texas, says the U.S. Environmental Protection Agency did not meet its deadline to rule on whether the refinery can get an exemption to federal renewable fuel requirements, telling a Texas federal court Monday the agency was damaging its business.
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July 09, 2024
Experts Lose EPA Scientific Panel 'Echo Chamber' Lawsuit
The D.C. Circuit has tossed a lawsuit alleging that the U.S. Environmental Protection Agency illegally created a scientific "echo chamber" by not selecting experts with an industry background to serve on an air quality advisory committee.
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July 09, 2024
North Carolina PFAS Plaintiffs Want Cost Study To Stay Public
A class of North Carolina residents who allege Chemours Co. and DuPont discharged wastewater containing so-called forever chemicals into the Cape Fear River is urging a federal judge not to strike and seal their expert's damages report, saying it contains no confidential information that needs to be protected.
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July 09, 2024
CNA Seeks Toss Of Lockheed's Contamination Coverage Suit
A CNA Financial unit urged a Maryland federal court to toss Lockheed Martin's suit accusing the insurer of wrongfully refusing coverage for underlying contamination suits, saying the very same issues are already pending before a New York federal court.
Expert Analysis
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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New TSCA Risk Rule Gives EPA Broad Discretion On Science
The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.