Environmental

  • April 03, 2024

    Forchelli Appoints Environmental Practice Chair

    Forchelli Deegan Terrana LLP has announced the hiring of a partner with experience in organizations such as Miller Environmental Group Inc. and New York American Water to chair its environmental practice group.

  • April 03, 2024

    Top 10 Deals Of Q1 Led By GE Energy Spinoff, Capital One

    It may be wishful thinking to imagine that earlier hopes for a major rebound in 2024 mergers and acquisitions activity will pan out, but by many indications the year was at least off to a better start than 2023.

  • April 03, 2024

    Oil Company Says Judge's Recusal Not Needed In Cartel Suits

    Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.

  • April 02, 2024

    Utility Cos. Must Face Uri MDL Gross Negligence Claims

    Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.

  • April 02, 2024

    OxyChem Opposes Feds' $150M Lower Passaic Deal

    Occidental Chemical Corp. is fighting the federal government's proposed $150 million consent decree with 82 small companies that share some responsibility for New Jersey's Lower Passaic River pollution, with the businesses filing a brief supporting the deal.

  • April 02, 2024

    Tesla Pushed On La. Antitrust Claims In 5th Circ.

    Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.

  • April 02, 2024

    Mich. Warns PFAS Ruling Could Fuel More Agency Challenges

    Michigan has warned the state's high court that an appellate decision invalidating PFAS drinking water limits could pave the way for future litigants to attack state regulations by pointing to imperfect cost estimates, urging the court to revive the PFAS rules.

  • April 02, 2024

    Enviro Org. Says Feds Failed To Act On Protections For Bees

    Conservationists are asking an Arizona federal judge to order the U.S. Fish and Wildlife Service to decide whether four bee species — including the iconic American bumblebee — should be protected under the Endangered Species Act.

  • April 02, 2024

    Seattle Seaport Co. Defying Clean Water Act, Green Group Says

    SSA Marine Inc. is allegedly violating the Clean Water Act by allowing excess contaminated stormwater from its port cargo facility to pollute Seattle's Duwamish River and Elliott Bay, according to a citizen lawsuit filed by an environmental group.

  • April 02, 2024

    Ohio Regulator Urges Justices To Review FERC Deadlock Rule

    The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.

  • April 02, 2024

    Former Trump EPA Leader Joins Holland & Hart In DC

    Holland & Hart LLP has added the leader of the U.S. Environmental Protection Agency under the Trump administration to its Washington, D.C., office as part of the firm's strategic growth in the country's capital.

  • April 02, 2024

    Another Judge Says Feds Overstepped With GHG Rule

    A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.

  • April 02, 2024

    20 Republican-Led States Urge Justices To Ax Climate Suits

    A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.

  • April 02, 2024

    La. Property Owners, Insurers To Arbitrate Hurricane Claims

    A Hurricane Ida damage coverage dispute between seven New Orleans-area property owners and their insurers will be stayed pending arbitration, a Louisiana federal judge ruled, agreeing with the insurers that the policy's arbitration agreement is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

  • April 02, 2024

    Latham-Led SLB To Buy ChampionX In $7.8B All-Stock Deal

    Energy-focused global technology company SLB and chemistry solutions provider ChampionX Corp. said Tuesday they have agreed for SLB to purchase ChampionX in an all-stock transaction worth nearly $7.8 billion.

  • April 01, 2024

    EPA Asks 4th Circ. To Review Panel's Split Ozone Decision

    The U.S. Environmental Protection Agency has told the Fourth Circuit that a panel of judges incorrectly rejected its attempt to move West Virginia's lawsuit over an ozone regulation program to a different court.

  • April 01, 2024

    Forest Service Must Revisit Changes To Timber Standards

    An Oregon federal judge has agreed to set aside an environmental analysis for timber standard changes the U.S. Forest Service approved for millions of acres of federal land across eastern Oregon and Washington, finding no errors in a magistrate judge's conclusion that the agency violated multiple federal statutes.

  • April 01, 2024

    Feds Catch Win In Alaska Subsistence Fishing Dispute

    A federal judge has granted the U.S. government's bid for an early win in its challenge against Alaska over subsistence fishing rules in the Kuskokwim River, which runs through the state's southwest region, ruling that the United States is entitled to a permanent injunction.

  • April 01, 2024

    States Want Justices To Send Ozone Fight Back To 10th Circ.

    Oklahoma, Utah and a coalition of industry groups are asking the U.S. Supreme Court to declare that their fight over compliance with federal ozone standards belongs in the Tenth Circuit, not the D.C. Circuit.

  • April 01, 2024

    Nike Defeats Greenwashing Suit Over 'Sustainability' Line

    Nike has defeated a proposed class action alleging it greenwashes its clothing by claiming they're made sustainably while using methods that harm the environment, after a Missouri federal judge concluded the plaintiff doesn't explain how she knows the products aren't made with recycled or organic materials and only provides conclusory statements.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Shell Ordered To Hand Over Docs In Conn. Climate Dispute

    Shell Oil Co. must hand over several documents by the end of April in litigation concerning the company's alleged failure to take into account climate change risks at a fuel storage facility in New Haven, Connecticut, a federal magistrate judge has ruled in an attempt to end the parties' long-running discovery dispute.

  • April 01, 2024

    Tribe, Allies Defend Standing To Fight Corps' Fish Farm Permit

    The Army Corps of Engineers is trying to "muddy the water" to fend off a challenge to a nationwide permit opening ocean waters to aquaculture operations, failing to justify why the permit shouldn't be scrapped, the Quinault Indian Nation and nonprofit allies have told a Washington federal judge.

  • April 01, 2024

    3M Gets Final OK On PFAS Deal Worth Up To $12.5B

    A South Carolina federal judge on Friday gave a final nod on a settlement between 3M and about 12,000 public water systems worth up to $12.5 billion to end claims over so-called forever chemicals in firefighting foam, saying that otherwise it would take years to try the cases.

  • April 01, 2024

    Gas Cos. Must Face State Law Claims In Contamination Row

    Electricity and natural gas company WEC Energy Group Inc. can't dodge all claims by Illinois residents accusing the company and its subsidiary of conspiring with a public relations firm to hide the extent of natural gas contamination in an aquifer that provides drinking water, an Illinois federal judge ruled Sunday.

Expert Analysis

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • Reducing Carbon Footprint Requires A Tricky Path For CRE

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    As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.

  • The Corporate Disclosure Tug-Of-War's Free Speech Issues

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    The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • 3 Administrative Law Lessons From 5th Circ. Appliance Ruling

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    Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Aviation Back On Course, But Keep Seat Belts Fastened

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    While the airline industry finally returned to profitability last year for the first time since the onset of COVID-19, and is poised for historic levels of traffic in 2024, supply chain problems and economic and geopolitical uncertainty persist — so more turbulence may lie ahead, say Kevin Lewis and Bart Biggers at Sidley.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

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