Environmental

  • October 18, 2024

    Colo. County, Enviros Back DC Ruling In High Court Rail Fight

    Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.

  • October 18, 2024

    FWS Can't Block Cactus Rule Records Release, Group Says

    A Colorado conservation group claims that the U.S. Fish and Wildlife Service has failed to turn over public records related to a proposed rule to remove a cactus species from its list of threatened and endangered species.

  • October 18, 2024

    States, Public Health Groups Defend EPA Power Plant Rule

    A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.

  • October 18, 2024

    5th Circ. Partially Upholds $2M Win In Hurricane Coverage Suit

    The Fifth Circuit has upheld in part a Louisiana church's more than $2 million judgment win against an insurer that was accused of not paying enough for the church's hurricane damage claims.

  • October 18, 2024

    Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact

    A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands.

  • October 18, 2024

    Natural Gas Producer Will Pay $9.4M For Excess Air Pollution

    The U.S. Environmental Protection Agency and New Mexico Environment Department have reached a $9.4 million settlement with Hilcorp Energy Co., resolving claims the company failed to reduce emissions during well completion operations, in violation of the Clean Air Act and New Mexico state law.

  • October 18, 2024

    Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit

    3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.

  • October 18, 2024

    Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told

    The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.

  • October 18, 2024

    FERC Extension For Pipeline Spur Warranted, DC Circ. Told

    The developer of a southern spur of the Mountain Valley Pipeline and two potential customers are asking the D.C. Circuit to nix conservation groups' challenge of a construction deadline extension the Federal Energy Regulatory Commission granted for the so-called Southgate project.

  • October 18, 2024

    Judge Excuses Nationwide From Ga. Mold Death Coverage

    A Georgia federal judge found Nationwide Property & Casualty Insurance Co. has no duty to defend an apartment owner from claims in a separate lawsuit alleging the landlord failed to treat black mold or warn a tenant who died of exposure to the infestation.

  • October 18, 2024

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

    This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.

  • October 17, 2024

    Monsanto Again Seeks Pause As Seattle PCB Trial Begins

    Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.

  • October 17, 2024

    Mexico Phosphate Case Shines Light On 3rd-Party Funding

    A U.S. deep ocean exploration company's announcement last month that most, if not all, of a $37 million award it won against Mexico would go toward satisfying its obligations to its third-party funder has helped to fuel questions about whether such funding arrangements belong in investor-state arbitration.

  • October 17, 2024

    DOL, Red States Spar Over Loper Bright Impact On ESG Rule

    Conservative-led states suing the U.S. Department of Labor have told a Texas federal court that the end of the Chevron doctrine boosts their bid to end a rule allowing retirement plan advisers to consider environmental, social and governance factors in investment choices, while the DOL argued that it deserves another summary judgment win.

  • October 17, 2024

    Supreme Court Signals Skepticism On Staying Federal Rules

    A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.

  • October 17, 2024

    FERC Adds Tribal Protections To Transmission Siting Rule

    The Federal Energy Regulatory Commission unanimously finalized its rule updating how the agency plans to carry out its limited authority over siting transmission lines during its monthly meeting on Thursday.

  • October 17, 2024

    Chevron, Syngenta Want 600 'Baseless' Paraquat Cases Nixed

    Chevron and Syngenta urged an Illinois federal judge on Wednesday to begin the dismissal process for almost 600 paraquat plaintiffs the companies say have flouted a court order to document their alleged exposure to the pesticide.

  • October 17, 2024

    Monsanto Leveraged Judge Shuffle In Enviro Suit, Court Told

    A former customer of Bayer AG unit Monsanto urged a New Jersey appeals panel on Thursday to revive its suit seeking to avoid covering the agrochemical giant for environmental enforcement claims, arguing that the company took advantage of a change in jurists presiding over the case.

  • October 17, 2024

    Groups Challenge Utah Permit For Green River Lithium Project

    Conservation groups hit the Utah state engineer and an Anson Resources subsidiary with a suit challenging a water permit issued last month for a lithium extraction project along the Green River, the Colorado River's largest tributary.

  • October 17, 2024

    Jury Says Phillips 66 Owes $605M In Fuel Trade Secrets Fight

    A jury in California state court said Wednesday a retailer of low-carbon fuels is owed $604.9 million after finding that Phillips 66 swiped trade secrets relating to data, such as sales information and pricing methods.

  • October 17, 2024

    Mich. Urges 6th Circ. To Toss Enbridge's Line 5 Countersuit

    Michigan's governor has told the Sixth Circuit she and another state official are immune from Enbridge Energy LP's lawsuit over efforts to shut down a natural gas and oil pipeline because the dispute implicates state sovereignty issues that place it beyond federal jurisdiction.

  • October 17, 2024

    EPA Settles With Car, Parts Cos. Over Clean Air Act Violations

    The U.S. Environmental Protection Agency announced that it has finalized settlements with Shyft Group Inc. and Double R Diesel to resolve enforcement actions alleging they violated the Clean Air Act, with Shyft agreeing to pay a $2 million penalty.

  • October 17, 2024

    5th Circ. Tosses Policyholder's Hurricane Coverage Suit

    The Fifth Circuit affirmed the dismissal of a National Flood Insurance Program policyholder's suit seeking coverage for at least $100,000 in hurricane damage to a Mississippi beachfront property, saying it was time-barred and failed to allege any extracontractual duties.

  • October 17, 2024

    States, Industry Urge DC Circ. To Scrap Truck GHG Rule

    Dozens of states and industry groups are imploring the D.C. Circuit to pull the plug on a U.S. Environmental Protection Agency rule setting greenhouse gas emission standards for heavy-duty vehicles, arguing it mandates a transition to electric vehicles that the agency has no authority to push.

  • October 16, 2024

    SD Power Co. Agrees To Stormwater Protections At Facilities

    A California federal judge has signed off on a consent decree between two conservation groups and the San Diego Gas & Electric Co. to close out a lawsuit over the utility's management of chemically treated wood waste.

Expert Analysis

  • 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.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Energy And AI: Key Issues And Future Challenges

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    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

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