Environmental

  • October 09, 2024

    Alaskan Tribes Ask Court To Reconsider Gold Mine Ruling

    A group of Alaskan tribes is urging a federal district court to reconsider its ruling that two U.S. government agencies did not take a realistic look at the potential spill risks associated with a large open-pit gold mine, arguing that it erred in its determination concerning the project's barge traffic.

  • October 09, 2024

    Ga. Judge Won't Extend Voter Registration After Helene

    Would-be voters in the Peach State won't get an extra week to register for the November 2024 election — at least not yet — after a Georgia federal judge said Wednesday she hadn't seen sufficient support for the claim that registrations were significantly hampered by the destruction caused by Hurricane Helene.

  • October 09, 2024

    Wash. Justices To Weigh $185M PCB Case Against Monsanto

    The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.

  • October 09, 2024

    SF Leaders Not Backing City's High Court Case Against EPA

    With oral arguments just a week away, the San Francisco Board of Supervisors on Tuesday passed a resolution urging the city attorney to drop a U.S. Supreme Court case against the U.S. Environmental Protection Agency over a Clean Water Act permit.

  • October 09, 2024

    Texas Electric Co-Op Says EPA Mercury Rule Must Be Nixed

    A Texas electricity co-operative on Tuesday backed a D.C. Circuit challenge to a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants, saying the agency fudged data to saddle the co-op with unachievable emissions reduction requirements.

  • October 09, 2024

    Ag Groups Defend Farm Emissions Reporting Exemption

    Agricultural industry groups called on a Washington, D.C., federal judge to toss green groups' claims alleging the U.S. Environmental Protection Agency overstepped its authority in exempting factory farms from pollution-reporting requirements, arguing the agency merely implemented Congress' command.

  • October 09, 2024

    Louisiana Judge Reopens EPA's Enforcement Against Denka

    A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.

  • October 09, 2024

    EPA Will Clean Up 7 Abandoned Mines On Navajo Land

    The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.

  • October 09, 2024

    Ex-NC Govs. Back Cooper In Power Struggle With Lawmakers

    Five former governors of North Carolina have thrown their support behind the current Democratic governor as he wrestles with Republican lawmakers over appointment powers, telling the state appeals court that the legislature has trampled on "a bedrock constitutional principle" by seeking to divest the governor of his ability to select members of executive branch agencies.

  • October 09, 2024

    47 Members Of Congress Urge EPA To Ban Paraquat

    Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."

  • October 08, 2024

    NY Discharge Law Usurps Feds, Nuclear Plant Owner Says

    The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.

  • October 08, 2024

    Texas Looks To Sink Suit Challenging Anti-ESG Law

    Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    GOP, Trade Groups Urge 6th Circ. To Void Highway GHG Rule

    Republican lawmakers and construction trade groups are urging the Sixth Circuit to snuff out for good a U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • October 08, 2024

    Enviro Groups Seek To Overturn Nuclear Plant Renewal Rules

    Anti-nuclear power groups are challenging new nuclear power plant license renewal rules from the Nuclear Regulatory Commission, telling the D.C. Circuit on Monday that the changes violate federal environmental protection law.

  • October 08, 2024

    Coolant Cos. Challenging HFC Rules Meet Skeptical DC Circ.

    A D.C. Circuit panel Tuesday seemed dubious of coolant industry challenges to the U.S. Environmental Protection Agency's omission of 2020 market data in calculating the agency's framework for phasing down climate-harming hydrofluorocarbons.

  • October 08, 2024

    EPA Inks Historic $4.2M Deal Over Philly Refinery Explosion

    The U.S. Environmental Protection Agency revealed on Tuesday that it has reached a $4.2 million proposed deal with Philadelphia Energy Solutions Refining and Marketing LLC, settling a Clean Air Act claim tied to a June 2019 leak and explosion at the company's former South Philadelphia refinery.

  • October 08, 2024

    Aluminum Recycler Novelis Scraps IPO, Citing Market Woes

    Aluminum recycling giant Novelis Inc. on Tuesday withdrew filing documents for an initial public offering, citing market conditions and formally scrapping a proposed listing nearly five months after it delayed plans to raise almost $900 million.

  • October 08, 2024

    Mich. Judge Won't Halt EV Battery-Plant Build During Appeal

    A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.

  • October 08, 2024

    Judge Clarifies Contentious Registration Rule For Contractors

    The U.S. Court of Federal Claims clarified that a contentious registration requirement for federal contractors only kicks in when they submit final proposals in response to government solicitations, blessing a previously disqualified business' $45 billion nuclear cleanup deal.

  • October 08, 2024

    Marathon Co. Wants 'Both Bites' In Pipeline Row, 8th Circ. Told

    A group of tribal landowners looking to intervene in the federal government's appeal related to a Marathon Petroleum Corp. subsidiary's pipeline that crosses part of reservation lands told the Eighth Circuit that the company can't have "both bites of the apple" in fighting their bid to dismiss the case.

  • October 08, 2024

    Eggland's Best Says Cage-Free Eggs Are Exactly That

    Eggland's Best asked an Illinois federal judge on Monday to toss a suit claiming it misled consumers about the quality of care for its hens and the conditions in which they lived, arguing its cage-free eggs are unquestionably labeled as such and that the plaintiffs "twist themselves into knots" to render the products deceptive.

  • October 08, 2024

    Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit

    AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy encompasses greenhouse gas emissions.

  • October 08, 2024

    IRS Appeals Office's Easement Deals May Sap Independence

    The IRS Independent Office of Appeals plans to settle certain conservation easement cases with similar terms offered by other IRS divisions, but these upcoming offers might be challenging for taxpayers to navigate and could undermine the office's independence from the rest of the agency.

  • October 08, 2024

    Avian Orgs Say FWS Unlawfully Tossed Bid To Import Parrots

    Two exotic bird nonprofits told the Eleventh Circuit Tuesday that they should have the chance to make their case for importing two parrot species to the U.S. Fish and Wildlife Service, which the nonprofits say unlawfully refused to even consider the petitions.

Expert Analysis

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

    Author Photo

    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

    Author Photo

    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

    Author Photo

    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • How Cos. Should Handle Research Org.'s Carcinogen Evals

    Author Photo

    In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.

  • Keeping Up With Carbon Capture Policy In The US And EU

    Author Photo

    Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.

  • New State Climate Liability Laws: What Companies Must Know

    Author Photo

    New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.

  • EU Investor-State Dispute Transparency Rules: Key Points

    Author Photo

    The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.

  • Despite Calif. Delays, Climate Disclosure Rules Are Coming

    Author Photo

    Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

    Author Photo

    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

    Author Photo

    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What Happens After Hawaii Kids' Historic Climate Deal

    Author Photo

    Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

    Author Photo

    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

    Author Photo

    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Series

    After Chevron: A Sea Change For Maritime Sector

    Author Photo

    The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

    Author Photo

    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Environmental archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!