Environmental

  • November 01, 2024

    FERC In Position To Ride Out Any Election Day Upheaval

    The ongoing work of a reloaded Federal Energy Regulatory Commission isn't likely to be disturbed by a new president in the White House next year, although FERC watchers say concerns that a Trump administration could challenge the agency's historic independence can't be brushed off.

  • November 01, 2024

    2024 Election Could Be Crossroads For Clean Energy Funding

    Election Day will present a multibillion-dollar fork in the road for the energy industry and its reliance on the federal government to help fund its decarbonization efforts, energy attorneys say.

  • November 01, 2024

    Garden State Father-Son Attys Must Face Enviro Group's Suit

    The New Jersey state appeals court reinstated a lawsuit against a father-son pair of attorneys on Friday in which a nonprofit organization accused them of violating environmental rules on their properties on the Jersey shore.

  • November 01, 2024

    NY Judge Tosses AG Suit Over Pepsi, Frito-Lay Plastic Waste

    A New York state judge tossed Attorney General Letitia James' plastic pollution suit against PepsiCo Inc. with a scathing order saying its attempt to pin "phantom assertions of liability" on the company rather than litterbugs who carelessly discard bottles and wrappers "seems contrary to every norm of established jurisprudence."

  • November 01, 2024

    Tree Removal Co. Swindled Helene Victims, NC AG Says

    A landscaping business fleeced a western North Carolina couple for tree removal services after Hurricane Helene, dropping tree limbs into their house through a hole in the roof and then leaving without finishing the job, according to a new complaint filed by the state's attorney general.

  • November 01, 2024

    Stericycle Has All Approvals For $7.2B WM Sale

    Medical waste company Stericycle said Friday that it has obtained all antitrust and foreign regulatory approvals needed to proceed with its $7.2 billion sale to Waste Management, a deal inked in June with guidance from three law firms.

  • November 01, 2024

    MVP: Latham's Stacey VanBelleghem

    Latham & Watkins LLP's Stacey VanBelleghem has won several important battles for clients over the past year, including defending wind energy developer Orsted A/S from green groups' challenges and helping electric vehicle companies fight challenges to federal standards on greenhouse gas emissions, earning her a spot among the 2024 Law360 Environmental MVPs.

  • October 31, 2024

    EPA Can't Declare La. Deadline Extension Invalid, 5th Circ. Told

    A Louisiana neoprene maker on Wednesday told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension that the state granted to the company, which is being sued by the EPA.

  • October 31, 2024

    Tribal Nonprofit Says Employees Divulged Trade Secrets

    A Native American nonprofit is suing an Oregon environmental consulting firm, alleging that its founder and chief executive officer divulged the trade secrets information of tribes and others and made false accusations to donors that it was mismanaging funds.

  • October 31, 2024

    Everglades Scientist's Contempt Upheld Over Data Theft

    A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.

  • October 31, 2024

    Valero To Pay 'Historic' $82M Fine For Bay Area Air Pollution

    Valero Refining Co. will pay a record $82 million penalty to settle claims that it failed to report cancer-causing emissions from its Northern California petroleum refinery for nearly two decades, state and Bay Area air pollution regulators announced Thursday, saying nearly all of the fine will fund local community projects.

  • October 31, 2024

    Flint Water Case Paused For 'Advanced' Settlement Talks

    Days after a jury trial meant to decide whether a water firm failed to properly warn of the dangers of the city of Flint's water was delayed a second time, a Michigan federal judge paused two bellwether cases because of "advanced settlement negotiations" between individual plaintiffs and the firm.

  • October 31, 2024

    LA Hits Pepsi, Coca-Cola With Plastic Waste, Deception Suit

    Los Angeles County hit PepsiCo Inc. and The Coca-Cola Co. with a California state suit claiming the longtime soft drink rivals are spouting falsehoods about recycling's ability to address their single-use plastic waste and flooding the environment with growing amounts of harmful plastic despite pledges to reduce it.

  • October 31, 2024

    Enviros Call On EPA To Address Petcoke Plant Water Pollution

    A dozen environmental groups filed a petition Thursday demanding the EPA implement national water pollution standards for petroleum coke processing plants, which they said have slipped through the Clean Water Act's protections.

  • October 31, 2024

    Mineral Co. Execs Allegedly Misled Investors On Gov't Contract

    Current and former directors and officers of minerals producer Compass Minerals International Inc. face a shareholder derivative action alleging they hid signs the company wouldn't be able to renew a lucrative supplier relationship with the U.S. Forest Service.

  • October 31, 2024

    Mexican Shipping Co. Fined For Concealing Discharges

    Mexican company Gremex Shipping SA de CV pled guilty in a Florida federal court and was sentenced to pay a $1.75 million fine for falsifying records to conceal unlawful discharges of oily bilge waste, federal prosecutors said Wednesday.

  • October 31, 2024

    FERC Unlawfully Rewrote Grid Hookup Policy, DC Circ. Told

    The Federal Energy Regulatory Commission's revised policy on hooking up new power projects to the grid unlawfully imposes a punitive, one-size-fits-all system on transmission owners, regional grid operators and transmission companies told the D.C. Circuit Wednesday.

  • October 31, 2024

    Judge Asks If Full 6th Circ. Needs To Settle Emissions Conflict

    A Sixth Circuit judge expressed discomfort Thursday with the possibility his panel could be asked to declare that colleagues made conflicting calls in separate suits alleging carmakers deceived consumers about vehicle sustainability, wondering if the full circuit needed to weigh in.

  • October 31, 2024

    MVP: Baron & Budd's Scott Summy

    Scott Summy, head of Baron & Budd PC's environmental litigation group, won what the firm says are the largest and second-largest drinking water contamination settlements in U.S. history — a $12.5 billion settlement with 3M and a $1.185 billion agreement with DuPont — as well as other major water settlements, earning him a spot among the 2024 Law360 Environmental MVPs.

  • October 31, 2024

    NC City Urges Panel To Rethink Stormwater Ruling

    A North Carolina city has urged a state appeals court panel to rethink its decision reviving part of a condo association's suit over damage the city allegedly caused by dumping stormwater onto the group's properties after Hurricane Matthew, arguing that the majority's opinion relies on a factual error.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    IFC Projects Must Do More On Emissions, Report Says

    An accountability arm of the International Finance Corp. is encouraging it to bolster its methods to identify and mitigate greenhouse gas emissions from financed projects, saying its current approaches are not fully up to date and limit its effectiveness in addressing global warming.

  • October 31, 2024

    Firms Fight Bid To Revive Malpractice Suit Over Liability Case

    Two firms are asking the Delaware Supreme Court to affirm the dismissal of a malpractice suit filed by parents over damages sought for their child's "catastrophic injuries," allegedly caused by contamination from a chicken plant.

  • October 30, 2024

    'Vague' Witness Sinks Green Materials Co. Investor Suit

    A California federal judge dismissed an investor suit Tuesday filed against a maker of sustainable materials alleging it failed to disclose a change in direction in its manufacturing plans and a delay in building a new plant, saying the suit relies heavily on statements of a confidential witness that are "fatally vague."

Expert Analysis

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • The Ups And Downs Of SEC's Now-Dissolved ESG Task Force

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    The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • A Narrow Window Of Opportunity To Fix Energy Transmission

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    A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

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