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Environmental
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Apple Sued Over Alleged PFAS In Smartwatch Wristbands
Apple Inc. is at least the second smartwatch maker to be hit with a proposed class action lawsuit accusing it of knowingly using toxic forever chemicals in manufacturing the devices' wristbands, according to a complaint filed in California federal court.
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January 22, 2025
Pa. Justices: NGA Doesn't Bar State Board's Permit Reviews
Pennsylvania's Environmental Hearing Board should have heard challenges to state regulators' approval of a natural gas compressor station, not dismissed them for lack of jurisdiction, Pennsylvania justices said Wednesday, ruling that the board's consideration of such disputes is not preempted by the federal Natural Gas Act.
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January 22, 2025
Former Pioneer CEO Sues FTC Over Exxon Board Block
The former CEO of Pioneer Natural Resources, Scott Sheffield, accused the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon Mobil Corp.'s board when the agency cleared a $60 billion merger between Exxon and Pioneer.
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January 22, 2025
Justices Urged To Affirm Texas Nuke Waste Site Ruling
Several states, Texas politicians and landowner groups threw their support behind the Lone Star State's fight against a temporary nuclear waste storage facility, telling the U.S. Supreme Court the federal government doesn't have the power to authorize the site.
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January 22, 2025
Investor Alleges Utility Put Profits Above Storm Preparation
CenterPoint Energy Inc.'s board of directors was hit with a lawsuit Wednesday from a shareholder who alleges the company's handling of Hurricane Beryl revealed it engaged in "financial engineering" designed to boost profits over operational efficiency.
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January 22, 2025
Space Explorer Voyager Technologies Confidentially Files IPO
Defense and space exploration company Voyager Technologies Inc. said Wednesday it has confidentially filed plans for an initial public offering, marking the second company from the industry to join the IPO pipeline this week and potentially benefiting from increased government funding for space travel.
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January 22, 2025
'The Hills' Reality Stars Latest To Sue Over Palisades Fire
"The Hills" reality TV show stars Spencer and Heidi Pratt are among the latest Palisades Fire victims to sue the Los Angeles Department of Water and Power alleging an empty local reservoir made it more difficult for first responders to put out the devastating blaze.
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January 22, 2025
8th Circ. Finds Monsanto PCB Case Can Stay In Federal Court
The Eighth Circuit on Wednesday allowed General Electric Co. and others to keep in Missouri federal court a suit by Monsanto Co. seeking defense for suits against Monsanto over polychlorinated biphenyls, finding that the suit was removed to federal court on time.
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Navajo Nation Looks To Block Federal Mineral Leasing Ban
The Navajo Nation has sued the U.S. Department of the Interior in a bid to block a Biden administration order withdrawing federal land from new mineral leasing and development near a national park in New Mexico, saying the ban would cause tribal allottees to suffer financial hardships.
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January 22, 2025
Army, SD Tribe Fight For Early Win In Dakota Access Row
The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.
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January 22, 2025
White House Shutters DEI Offices, Puts Workers On Leave
The U.S. Office of Personnel Management told federal agencies to close offices focused on diversity, equity and inclusion initiatives by Wednesday evening and lay off staffers by Jan. 31, part of President Donald Trump's larger efforts to combat workplace diversity programs.
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January 21, 2025
What Gov't Contractors Must Know About Trump Exec Actions
President Donald Trump's flood of executive orders following his inauguration included a number of measures targeted at or broadly affecting federal contractors, such as lifting Biden administration antidiscrimination and climate change-related requirements and restarting border wall construction.
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January 21, 2025
Navy, Tetra Tech Strike $97M Deal Over Navy Cleanup Work
The U.S. Navy and a Tetra Tech unit have reached two settlements amounting to $97 million, resolving claims the subsidiary billed the Navy for radiation remediation services at a former Navy shipyard in San Francisco that it did not actually perform.
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January 21, 2025
EPA Defends Power Plant Effluent Rule At 8th Circ.
The U.S. Environmental Protection Agency is asking the Eighth Circuit to reject challenges to its rule setting new wastewater limitations for coal-fired power plants that have been lodged by green groups, Republican-led states, utilities and industry organizations.
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January 21, 2025
SoCal Edison Must Hand Over Data In Eaton Fire Suit
A Los Angeles County judge ordered Southern California Edison Co. on Tuesday to produce data from its distribution circuits in the Altadena, California, neighborhood to a victim of the Eaton Fire, the first step in litigation over this month's deadly and destructive blaze.
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January 21, 2025
EPA Tells DC Circ. Its PFAS Superfund Rule Is On Solid Ground
The U.S. Environmental Protection Agency has claimed that it is perfectly within its authority to label two forever chemicals as "hazardous substances" under the federal Superfund law, urging the D.C. Circuit to toss an industry group's challenge to its designation powers.
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January 21, 2025
EPA Tells Justices That Air Pollution Cases Belong In DC Circ.
The U.S. Environmental Protection Agency is urging the nation's highest court to rule that most judicial challenges to its air pollution rules belong in the D.C. Circuit, while small petroleum refiners say other, regional circuit courts are proper venues.
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January 21, 2025
Trump EV Rollbacks Spell Regulatory Whiplash For Auto Cos.
President Donald Trump's rollback of Biden administration policies intended to accelerate the U.S. auto industry's movement toward electric vehicles creates new uncertainties for a domestic EV supply chain that was already grappling with slowing consumer demand, experts say.
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January 21, 2025
Too Early For Liability In Pollution Suit, Sherwin-Williams Says
Sherwin-Williams has urged a New Jersey court to reject the Garden State's bid to find it liable for natural resource damages at the site of one of its former paint manufacturing plants, arguing the state's motion is premature.
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January 21, 2025
Trump Moratorium Is An Ill Wind For Project Development
President Donald Trump's sweeping directive to halt federal reviews and permitting of wind farms creates fresh uncertainty over whether many projects slated to be built can secure necessary approval and financing.
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January 21, 2025
Fed. Circ. Refuses To Restore Solar Cell Patent Claims
An Indian industrial conglomerate failed on Tuesday to persuade Federal Circuit judges to breathe new life into a patent covering a way of assembling solar cells that it had asserted in Delaware federal court against a Korean rival.
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January 21, 2025
Texas Sues Biden Administration Over Offshore Drilling Ban
Texas sued the Biden administration one last time during the administration's final hours, saying in a complaint Monday that orders banning oil and gas leasing in more than 625 million acres of federal waters run "afoul of the Constitution."
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January 21, 2025
Colo. Justices Say Elephants Don't Get Habeas Rights
The Colorado Supreme Court on Tuesday said the state's habeas statute only gives humans the right to petition against unlawful detention, upholding the dismissal of a habeas petition filed on behalf of five elderly elephants at a zoo.
Expert Analysis
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Rebuttal
Cancer Research Org. Is Right To Avoid Corporate Influence
While a previous Law360 guest article criticizes the International Agency for Research on Cancer's processes, its reliance on peer-reviewed literature is proper and its refusal to allow corporate influence is sound science, say Lance Oliver and Ridge Mazingo at Motley Rice.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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How Courts' Differing Views On Standing Affect PFAS Claims
Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.