Environmental

May 22, 2024
Oil Tanker Operators To Pay $2M For Dumping Oil From Ship

The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.
May 22, 2024
Mich. Judge Gives Final OK To Engineering Co. $8M Flint Deal

A Michigan federal judge has granted final approval of an $8 million settlement between a civil engineering company and Flint, Michigan, residents, putting to rest claims the company failed to warn them of likely lead contamination that triggered a drinking water crisis in the city.
May 21, 2024
Pacific Seafood Beats Crab Price-Fixing Claims, For Now

A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.
May 21, 2024
9th Circ. Axes Forest Service's Calif. Mining Exemption

A split Ninth Circuit panel on Tuesday cut down the U.S. Forest Service's approval of gold exploration mining in California's Inyo National Forest, handing a win to environmentalists who had opposed the project for its potential impacts to threatened sage grouse and endangered fish.
May 21, 2024
Banks Urged To Vote Out Exxon Leaders Who Sued Investors

A group of state and city financial officials sent letters to some of the biggest banks and asset managers Tuesday urging them to vote against Exxon Mobil Corp.'s CEO and lead independent director at an upcoming annual meeting because of the company's lawsuit against a pair of environmentally minded activist investors.
May 21, 2024
Fla. Scientist Fights Contempt Ruling In Data Theft Suit

A Florida Everglades scientist urged a state appeals court Tuesday to reverse a contempt ruling against him over violating an injunction to preserve computer data from his prior job, saying that the order was ambiguous and that the lower court wrongly appointed opposing counsel to prosecute the violation.
May 21, 2024
Nixing Green Energy Tax Perks Would Be Tough For Trump

Former President Donald Trump has vowed to scrap Democrats' signature 2022 climate law should he get reelected in November, but following through on that campaign promise could prove difficult amid bipartisan support for many of the law's clean energy tax incentives and a potentially divided Congress.
May 21, 2024
20 States Challenge Biden Admin's NEPA Rule

A group of 20 states sued the Biden administration's Council on Environmental Quality on Tuesday in North Dakota federal court, challenging a recent environmental permitting rule they claim unlawfully changes the National Environmental Policy Act's review procedures "into a substantive set of requirements to achieve broad and vague policy goals."
May 21, 2024
Drinking Water Systems At Risk Of Cyberattack, EPA Says

More than 70% of the nation's drinking water systems are not in compliance with federal law requiring them to assess the risks of and develop plans for cybersecurity attacks, which could leave them vulnerable to foreign interference, the U.S. Environmental Protection Agency said Monday.
May 21, 2024
TotalEnergies Hit With Climate Criminal Complaint In France

Three environmental groups, alongside eight victims of climate change, filed a criminal complaint on Tuesday in Paris against French petroleum company TotalEnergies' board of directors and main shareholders for their alleged contribution to climate change and its impact on humans and the environment.
May 21, 2024
Feds Fight Philly Port Authority's River Expansion Suit

The U.S. Army Corps of Engineers has denied allegations made by the Philadelphia Regional Port Authority that building a new port on the Delaware River southwest of Philadelphia would cut off shipping business to the city in favor of the First State.
May 21, 2024
DC Circ. Won't Let Fla. Halt Wetlands Permits Decision

The D.C. Circuit on Monday refused Florida's request to pause a lower court's ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, rejecting its argument that the decision is likely to be reversed.
May 21, 2024
Houston Club Asks Court To Halt Storm Damage Demolition

A Houston nightclub damaged in last week's severe storm told a Harris County court Monday that city officials improperly declared that the building should be demolished.
May 21, 2024
BASF Agrees To $316.5M Settlement In PFAS Foam MDL

Attorneys representing public water systems in a South Carolina multidistrict litigation over so-called forever chemicals in drinking water announced Tuesday that they've reached an agreement in principle with defendant BASF Corp., which will pay $316.5 million to resolve the claims.
May 21, 2024
Valero Brings $37M Refund Claim Over Fuel Credit, Crude Tax

Energy company Valero is seeking $37 million in tax refunds for biomass fuel mixtures it said should've qualified for the alternative fuel tax credit and for claimed overpayments of crude tax, according to a complaint in Texas federal court.
May 21, 2024
DOJ, VW Ask 9th Circ. To Void Jones Day Docs Release Order

The U.S. Department of Justice and Volkswagen have told the Ninth Circuit that forcing them to release confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal would have far-reaching, chilling implications for federal criminal prosecutions.
May 21, 2024
US Steel And Cleveland-Cliffs Spar Over Merits Of Nippon Deal

U.S. Steel sought to "correct the record" regarding its planned $14.9 billion sale to Nippon Steel on Tuesday, highlighting its continued faith in the deal while blasting what it called a "misinformation campaign" from rival Cleveland-Cliffs.
May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023

The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
May 21, 2024
The Law360 400: Tracking The Largest US Law Firms

The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
May 21, 2024
Texas Oil Co. Sues To Challenge Colo. Regulators' $23M Fine

A Texas oil and gas company accused Colorado regulators of failing to properly serve violation notices and imposing an "excessive" $23.2 million fine contrary to the rights set forth in the state and U.S. constitutions, in a complaint filed in Colorado state court.
May 20, 2024
HOA Pecks At Chickens-As-Pets Theory In NC Appeal

A North Carolina couple's 60-plus chickens aren't household pets, a local homeowners association has told the state's top court in seeking to reinstate a $31,500 judgment in its favor that was upended last month by a three-judge panel in the lower appeals court.
May 20, 2024
10th Circ. Oral Args. Poised To Shape NM Pollution Coverage

The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.
May 20, 2024
Biofuel Groups Urge High Court To Undo 5th Circ. Ruling

Two biofuel trade associations called on the U.S. Supreme Court on Monday to review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, highlighting a split with five other circuit courts.
May 20, 2024
Nonprofits Renew Bid To Enter Red States' Border Wall Suit

Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.
May 20, 2024
EPA Touts Brownfield Grants In Visit To Polluted Philly Site

Biden administration officials visited a riverfront site in Philadelphia where the city is using federal support to clean up contamination and add amenities, as they promoted $3 million in U.S. Environmental Protection Agency support to four New Jersey communities.

Expert Analysis

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.
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.
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.
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.
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.
After Headwinds, 2024 May See Offshore Wind Momentum

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

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.
10 Issues To Watch As ESG Remains Alive And Well In 2024

Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
Top 10 Employer Resolutions For 2024

From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.