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Environmental
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May 29, 2024
EPA Inspector General Decries Lack Of Funding To Congress
U.S. Environmental Protection Agency Inspector General Sean W. O'Donnell expressed concern over his office's lack of funding in a report to Congress on Wednesday, saying the 2024 budget is lower than it was 13 years ago, despite increased oversight responsibilities and personnel costs.
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May 29, 2024
Wash. Panel Ends Quest Diagnostics' COVID Coverage Quest
Quest Diagnostics' insurers don't owe the medical testing lab COVID-19-related business loss coverage, a Washington appeals court said, ruling the company failed to show that the presence of the virus resulted in physical loss or damage to its property.
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May 29, 2024
9th Circ. Rejects Objections To $23M Monsanto Roundup Deal
The Ninth Circuit on Wednesday affirmed a district court's approval of a $23 million MDL settlement to resolve claims that Monsanto failed to warn buyers of the carcinogens in its Roundup weed killer, finding there was no indication of collusion as argued by Missouri-based objectors.
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May 29, 2024
Texas Judge Bans Using $1.4B Border Wall Funds For Repairs
A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.
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May 29, 2024
No Sanctions Over Drone Video For Houston Cancer MDL Atty
A state judge said Wednesday that she wasn't planning on sanctioning an attorney representing Houston residents living near a contaminated rail yard for allowing allegedly improper drone videos to be taken over the site despite telling the lawyer that the "miscommunication" with his staff is "really on you."
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May 29, 2024
Neoprene Co. Calls EPA Rule Deadline 'Surprise Switcharoo'
A Louisiana-based neoprene manufacturer is asking the D.C. Circuit to immediately block the U.S. Environmental Protection Agency from enforcing a chemical emissions rule that will directly impact the company.
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May 29, 2024
Colombian Court Affirms Fossil Fuel Tax Break Must Stay
The Constitutional Court of Colombia affirmed its decision to strike down a law denying fossil fuel companies the ability to offset corporate income tax liabilities with deductions for royalty payments despite a severe impact to public finances, the country's president said.
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May 29, 2024
8th Circ. Backs Ark. Landowners' Jury Win In Flooding Suit
The Eighth Circuit has upheld a group of Arkansas landowners' nearly $350,000 jury win in their lawsuit accusing Lawrence County of building a bridge that caused flooding that damaged their crops.
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May 29, 2024
Treasury Details Which Tech Would Get Clean Energy Credits
Treasury released proposed rules Wednesday outlining which technologies would qualify for new zero-emission energy tax credits, saying wind, solar and geothermal are among those that would make the cut.
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May 28, 2024
Orsted Inks $125M Deal With NJ Over Scrapped Wind Farms
Orsted, a Danish wind energy company, has agreed to pay New Jersey $125 million to settle claims over the company's abrupt cancellation last fall of two offshore wind farms.
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May 28, 2024
Green Group Says EPA Issued Fraudulent PFAS Report
The U.S. Environmental Protection Agency lied to the public about the prevalence of what have come to be called "forever chemicals" in certain pesticide products available on the market, according to an advocacy group that has accused the agency of "egregious misconduct."
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May 28, 2024
Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision
A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.
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May 28, 2024
White House Looks To Boost Carbon Credit Market Integrity
The Biden administration on Tuesday released new guidelines for voluntary carbon markets, touting the measures as a foundation for "ambitious and credible climate action" that also attempts to address questions about the integrity of credits that companies use to show a greener footprint.
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May 28, 2024
Chevron Confident As Hess Shareholders Approve $53B Deal
Hess Corp. said Tuesday it has received the necessary stockholder approvals to close its $53 billion sale to Chevron Corp., as Chevron separately expressed confidence that it will prevail in an ongoing dispute with Exxon Mobil Corp. and wrap up the regulatory process soon.
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May 28, 2024
States, Greens Want Judgment Over USPS' New Vehicle Plan
Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."
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May 28, 2024
US Property Insurers See Record Investment Income In 2023
U.S. property and casualty insurers earned a record income of $73.9 billion from their investments in 2023, market analyst AM Best reported Tuesday, a bright spot for an industry beset by underwriting losses connected to natural disasters and high inflation.
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May 28, 2024
Groups Fight Calif. AG's Subpoenas In Plastic Waste Probe
Two chemical and plastic industry groups have accused California Attorney General Rob Bonta of violating their First Amendment rights by demanding they hand over privileged documents as part of an investigation into global plastics pollution, in a pair of complaints filed in D.C. federal court.
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May 28, 2024
Tribe Says Enbridge's Trespass Concern Wasted Court's Time
A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Insurers, Charter School Assoc. Dismiss Ida Damage Row
A New Orleans-area charter school system and its insurers have agreed to dismiss their dispute over coverage for the system's Hurricane Ida damage claims, the parties told a Louisiana federal court Tuesday, saying "all claims and causes of action brought forth in the above captioned matter have been compromised."
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May 28, 2024
FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.
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May 28, 2024
Exxon Investor Broadens Promise To Nix Climate Proxy Bid
An activist investor sued by Exxon Mobil Corp. over a now-withdrawn shareholder proposal concerning climate change has again called on the oil giant to withdraw its suit after broadening its previous promise not to resubmit the proposal in the future.
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May 28, 2024
5 Firms To Steer Pair Of Large IPOs That Could Net $1.8B Total
Private-equity backed hospital billing firm Waystar Holding Corp. and aluminum recycling giant Novelis Inc. on Tuesday launched plans for two initial public offerings that could raise an estimated $1.8 billion combined, guided by five law firms, potentially testing the strength of the IPO market's recovery.
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May 28, 2024
Justices Pass On Fight Over FERC Power Market Cap Rule
The U.S. Supreme Court on Tuesday declined to review a D.C. Circuit decision backing the Federal Energy Regulatory Commission's change of bidding practices for electricity capacity auctions run by PJM Interconnection, the nation's largest regional grid operator.
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May 28, 2024
Justices Will Review EPA's 'Vague' SF Water Pollution Regs
The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.
Expert Analysis
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ESG Concerns Can No Longer Be Ignored In 2024
While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.
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How DOI Aims To Modernize Resource Damage Assessments
The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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Antitrust And ESG: Maximizing Targets, Ensuring Compliance
Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.