Environmental

  • February 20, 2024

    Girardi Keese Trustee Recovers $1.8M In Fees For Exide Case

    A U.S. bankruptcy judge on Tuesday approved an agreement between the Girardi Keese bankruptcy trustee, a former attorney for the firm and the Mandell Law Firm to end an adversary proceeding connected to $1.8 million in attorney fees from a lawsuit over the toxic Exide battery plant in Vernon, California.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 16, 2024

    Fla. Bills Limiting Toxic Tort Damages Headed To Floor

    Two business-backed bills that could sharply limit the ability of toxic tort victims to recover damages from polluters who violate their permits are poised to hit the floors of both houses of the Florida Legislature, despite concerns that they could embolden polluters and leave certain claimants — like commercial fishing operators — without remedy.

  • February 16, 2024

    Mayer Brown Denies Knowing Of 'Disturbing' Flint PR Effort

    A Mayer Brown LLP partner representing Veolia North America, the water engineering firm facing negligence claims from children exposed to lead in Flint, Michigan, told a Michigan federal judge Friday that his team didn't know about Veolia's public relations campaign disparaging the children's counsel, a campaign the judge labeled a "disturbing development."

  • February 16, 2024

    6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case

    The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.

  • February 16, 2024

    Hydro Co. Must Alter, Not Remove, Dam That's Killing Salmon

    A Washington federal judge on Friday said a hydroelectric company must remove part of a rock dam structure killing endangered wild salmon, but the judge declined to order complete removal, saying it went beyond a narrowly tailored remedy zeroing in on what is harming fish.

  • February 16, 2024

    Oat Milk Co. Settles Greenwashing Investor Suit For $9.25M

    Investors suing Swedish alternative milk manufacturer Oatly asked a New York federal judge Friday to preliminarily approve a $9.25 million deal to settle claims that the company pitched its business as more environmentally friendly than it is.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    FERC Rejects Hydro Project Permits Amid Tribal Opposition

    The Federal Energy Regulatory Commission has denied preliminary permits for three proposed hydropower projects on Navajo Nation land in Arizona, saying a recently revised policy clarifying Indigenous rights in the agency's decision-making process and the tribe's overwhelming opposition to the applications swayed the decision.

  • February 16, 2024

    Clean Energy Cos. Must Pay Heed To PFAS Crackdown

    The clean energy industry shouldn't downplay the growing scrutiny over so-called forever chemicals, many of which are present in key components of their projects and can't be easily replaced, attorneys say.

  • February 16, 2024

    Canada Liable Under NAFTA For Axed LNG Project, Co. Says

    A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.

  • February 16, 2024

    Florida Loses Wetland Permitting Authority In D.C. Court Case

    A D.C. judge has stripped Florida of its federally delegated authority to permit wetlands development, ruling that U.S. environmental regulators failed to analyze the impact of their decision on endangered and threatened species and handing a victory to conservation groups challenging the program.

  • February 16, 2024

    Gov't Wants More Alaskan Native Reps On Subsistence Board

    The U.S. government has plans to strengthen Alaskan Native tribal representation on its Federal Subsistence Board, saying the U.S. Department of the Interior and the U.S. Department of Agriculture have proposed a new rule to add board members with personal experience of subsistence living in rural Alaska.

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    4th Circ. Won't Revive Car Dealer's Hurricane Coverage Suit

    The Fourth Circuit declined to revive a South Carolina car dealership's lawsuit seeking coverage from an AIG unit for losses the business sustained from Hurricane Dorian in 2019, agreeing with a district court that there was no link between a government evacuation order and physical damage that would warrant civil authority coverage.

  • February 16, 2024

    Camp Lejeune Plaintiffs Seek Appeal Of Jury Trial Denial

    Two plaintiffs suing the federal government over water contamination at Camp Lejeune are asking a North Carolina federal court to allow them to appeal a judges' decision striking their bid for a jury trial, saying the issue is a novel question of law that should be answered sooner rather than later.

  • February 16, 2024

    Fruit Grower Gets OK For $11M DIP Draw After Lender Deal

    Bankrupt fruit producer Prima Wawona received interim approval Friday for an $11 million draw on its $22 million in Chapter 11 financing after saying it had reached a deal with objecting lenders on the financing and was working on a deal for its overall bankruptcy plan.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

  • February 15, 2024

    NorCal Roundup Suit Faces Dismissal Or Transfer To MDL

    A Northern California federal judge said Thursday he'll either dismiss a proposed nationwide class action over Roundup exposure or transfer it to multidistrict litigation in California's Central District, saying, "It seems obvious that [plaintiffs] filed it in the wrong court."

  • February 15, 2024

    Humane Society's Poultry Slaughter Suit May Need An Update

    A California federal magistrate judge on Thursday told the Humane Society and other nonprofits suing the U.S. Department of Agriculture for waiving limits on the pace of poultry slaughtering that they may need to file an amended complaint due to new regulations implemented since the suit was filed.

  • February 15, 2024

    Enviro Orgs Sue EPA Over PFAS Data For Plastic Containers

    Two environmental groups accused the U.S. Environmental Protection Agency on Thursday of withholding test data on the presence of forever chemicals in fluorinated plastic containers in response to their Freedom of Information Act request.

  • February 15, 2024

    FERC Churn Won't Impact Grid Policy Push, Chair Says

    A looming commissioner departure that could leave the Federal Energy Regulatory Commission without enough members to fully function is not affecting efforts to finalize a long-awaited overhaul of the agency's electric transmission planning policies, Chair Willie Phillips said Thursday.

  • February 15, 2024

    Conn. Justice Calls Marriott Lien Fight 'An Embarrassment'

    A "bizarre" appeal that seeks the discharge of a sewer assessment lien on a Marriott hotel property is "a waste of everybody's time," a Connecticut Supreme Court justice said Thursday amid oral argument.

  • February 15, 2024

    DOI Inks Klamath Basin Agreement With Tribes, Water Users

    The U.S. Department of the Interior said it has struck an agreement that will see water users and tribes work together in a push to improve the environment and water supplies in the drought-prone Klamath River Basin of southern Oregon and northern California, pledging $72 million for projects.

  • February 15, 2024

    Fed. Circ. Says Feds Didn't Coerce Mont. Coal Permit Denial

    The Federal Circuit on Thursday said the Court of Federal Claims correctly threw out a coal leaser's suit alleging the federal government prevented it from acquiring necessary state operating permits, saying the company has failed to establish Montana was coerced into denying the permits.

Expert Analysis

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Challenges Remain In Financing Energy Transition Minerals

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    COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • Opinion

    New La. Gas Pipeline Projects Must Respect Rules And Rights

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    As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • 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.

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