Environmental

  • May 15, 2024

    House Panel Weighs Baltimore Bridge Rebuilding Costs

    Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.

  • May 15, 2024

    Media Coverage Not Enough To Move Flint Water Case

    A water engineering company accused by the Michigan attorney general of prolonging Flint residents' lead exposure cannot move its eventual trial out of the region, a Michigan state judge ruled Wednesday, saying the company could not assume the entire jury pool was biased. 

  • May 15, 2024

    Rio Grande Is A 'Creek,' Texas Tells 5th Circ. In Barrier Rehearing

    The state of Texas told the full Fifth Circuit on Wednesday that the Rio Grande is "little more than a creek with an excellent publicist" as it pushed the court to vacate an order that would require it to remove a floating barrier intended to keep migrants out of the country.

  • May 15, 2024

    House Judiciary Chair Seeks Docs On IRS Backdating Probe

    The House Judiciary Committee's Republican chairman asked an IRS watchdog to reveal findings from investigations into allegations of IRS employee misconduct, including in a high-profile $38 million conservation easement deduction case in which the agency admitted to backdating evidence.

  • May 15, 2024

    EPA Urges La. Court Not To Broadly Block Civil Rights Regs

    The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.

  • May 15, 2024

    Monsanto's $23M False Ad Deal Challenged At 9th Circ.

    Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."

  • May 15, 2024

    4th Circ. Revives Landowners' $523K Win Against Pipeline Co.

    A Fourth Circuit panel has instructed a Virginia federal court to reinstate a more than $523,000 jury award for the condemnation of easements across a family's property by Mountain Valley Pipeline, holding the verdict can be supported by credited testimony.

  • May 15, 2024

    Chinese Art Marketplace, EV Co. Ink SPAC Deals Worth $834M

    Two Chinese companies, art marketplace Tyfon Culture Holdings and electric-vehicle maker Aiways Europe have announced plans to go public in the U.S. via mergers with special-purpose acquisition companies in deals that are together valued at around $834 million.

  • May 15, 2024

    DC Judge Urged To Halt Offshore Wind Project Construction

    Advocacy groups and a cohort of Rhode Island residents want a D.C. federal judge to halt construction on a wind farm off the coast of the Ocean State while they press claims that the federal government violated myriad environmental laws in approving the project.

  • May 15, 2024

    TPG, Hassana Craft $1.5B Partnership For Climate Fund

    Private equity giant TPG and Saudi Arabia's Hassana Investment Company on Wednesday unveiled a $1.5 billion strategic partnership in TPG's Rise Climate platform that includes a "substantial" anchor commitment to the firm's new Transition Infrastructure fund.

  • May 15, 2024

    Quikrete Unit Settles With Mass. AG Over Runoff At Paver Site

    A Quikrete Holdings Inc. subsidiary that makes concrete pavers is settling claims that runoff from its southeastern Massachusetts facility is polluting a river and neighboring wetlands in violation of the federal Clean Water Act, according to a proposed consent decree.

  • May 14, 2024

    Dems Dig Into Trump's Alleged Quid Pro Quo With Oil CEOs

    Rep. Jamie Raskin on Tuesday sent letters to the executives of ExxonMobil Corp., Chevron and seven other oil and gas companies requesting information about allegations that former President Donald Trump offered to demolish fossil fuel regulations in exchange for $1 billion in campaign donations.

  • May 14, 2024

    5 Takeaways From FERC's Grid Planning Policy Overhaul

    The Federal Energy Regulatory Commission's sweeping revision of its regional transmission planning policies will completely transform how U.S. grid projects are planned and paid for, but the agency's muscular approach will invite plenty of compliance and legal challenges. Here are five key takeaways from the rule finalized by FERC on Monday.

  • May 14, 2024

    Apache Investors Get First OK On $65M Deal In Drilling Suit

    A U.S. magistrate judge has given the first green light to a $65 million settlement resolving a lawsuit against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.

  • May 14, 2024

    9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid

    The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.

  • May 14, 2024

    Calif. City Sues Dow, Shell Over TCP-Tainted Water

    Dow Chemical and Shell USA are facing a negligence suit in California federal court by the city of Pomona, alleging the companies are responsible for manufacturing commercial products containing the toxic 1,2,3-trichloropropane that has migrated into the city's water supply and seeking to recoup costs over response efforts.

  • May 14, 2024

    Wash. Biz Groups Say EPA Water Regs Impossible To Follow

    Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."

  • May 14, 2024

    Texas Think Tank Tells 5th Circ. It's Owed Climate Pledge Info

    The Texas Public Policy Foundation told the Fifth Circuit that it should be allowed access to the names of federal officials involved in creating the Biden administration's climate pledge, arguing the federal government cannot rely on a disclosure exemption designed to protect personal privacy to withhold such information.

  • May 14, 2024

    Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant

    An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.

  • May 14, 2024

    Ga. Appeals Court Weighs Validity Of 190-Year-Old Land Grant

    A company seeking to "restore and conserve" approximately 1,000 acres of coastal marshland told Georgia Court of Appeals on Tuesday that the state is attempting to renege on a 190-year-old property grant and take back the land simply because it may soon be worth more than $100 million.

  • May 14, 2024

    Tort Report: Mass Tort Settlements Beset By Crooked Claims

    Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 14, 2024

    Feds Dodge Salt Lake City's Suit Over $1B Gondola Plan

    A Utah federal judge on Tuesday dismissed the federal government from a Salt Lake City lawsuit challenging federal approvals of a $1 billion plan to address traffic congestion by building the world's longest gondola.

  • May 14, 2024

    States, Elec. Co-Op Seek To Block EPA Power Plant GHG Rule

    A group of 25 red states and the National Rural Electric Cooperative Association asked the D.C. Circuit to block the U.S. Environmental Protection Agency from implementing its new power plant greenhouse gas emissions rule while they challenge its legality.

  • May 14, 2024

    DC Circ. Upholds EPA's Renewable Fuel Standards

    A divided D.C. Circuit panel upheld on Tuesday the U.S. Environmental Protection Agency's renewable fuel standards for 2020, 2021 and 2022, rejecting renewable fuel producers' claims the standards are too low, and petroleum refiners' contentions that they are too high.

  • May 14, 2024

    Plant Gas Emissions Suit Tossed For Lack Of Injury Standing

    A West Virginia federal judge has thrown out a proposed class action alleging a plant operated by Union Carbide Corp. and Covestro LLC emitted carcinogenic gas and increased the likelihood of cancer in nearby residents, finding the claim of injury too speculative to support the case.

Expert Analysis

  • 5 Litigation Funding Trends To Note In 2024

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    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.

  • 5 Securities Litigation Issues To Watch In 2024

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    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.

  • Antitrust And ESG: Maximizing Targets, Ensuring Compliance

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    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.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    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.

  • What One Litigator Learned Serving On A Jury

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    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.

  • Series

    ESG Around The World: South Africa

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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