Environmental

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Wash. Judge Says Tribes Can Seek River Pollution Damages

    A Washington federal judge denied a Teck Resources Ltd. unit's bid for summary judgment on natural resource damages claims that the Confederated Tribes of the Colville Reservation and state of Washington lodged over decades of Upper Columbia River pollution from a smelter in Trail, British Columbia, setting up the matter for a possible trial.

  • February 15, 2024

    Pearl Harbor Cleanup Needs Fuller Accounting, Watchdog Says

    Cleaning pollution from fuel spills near the U.S. Navy base at Pearl Harbor, Hawaii, could take decades, but the U.S. Department of Defense's reports to Congress only include cost estimates through this year, making planning difficult, a government watchdog has warned.

  • February 14, 2024

    EPA Says Farmers Can Still Use Existing Stocks Of Dicamba

    The U.S. Environmental Protection Agency issued an order Wednesday that allows farmers to use the weed killer dicamba if it was already packaged and ready to go before an Arizona federal judge revoked the EPA's approval of the popular herbicide last week.

  • February 14, 2024

    USDA Says $20M Will Help Tribes Access Climate Market

    Federally recognized tribes and Alaska Native corporations and villages are getting a $20 million bump to broaden their access to emerging climate markets as a way to address ongoing climate change, the U.S. Department of Agriculture said on Wednesday.

  • February 14, 2024

    9th Circ. Skeptical Of Basis For LA's Pollution Coverage Args

    The Ninth Circuit appeared reluctant Wednesday to revive the City of Los Angeles' bid for environmental contamination coverage from a defunct boat repair company's insurers, probing the city's counsel on whether his arguments for coverage were at odds with the underlying factual record.

  • February 14, 2024

    'Post Hoc' Args Doom Army Defense Of $11.5M Enviro Fix Deal

    The U.S. Government Accountability Office has sustained a Florida construction company's protest of an $11.5 million environmental remediation services deal for the U.S. Army Corps of Engineers, backing the company's claim the agency made unreasonable adjustments to its proposed cost.

  • February 14, 2024

    NJ Town Looks To Stay 'Historic' $393M PFAS Settlement

    A New Jersey town is looking to pause the final approval of a proposed $393 million settlement between the Garden State and the American arm of Belgian chemical company Solvay over "forever chemical" contamination, arguing the state and its outside counsel have ignored the law in order to settle quickly.

  • February 14, 2024

    Enviro Orgs Planning EPA Suit Over Phosphate-Mining Waste

    A coalition of conservation, public health and environmental justice groups told the U.S. Environmental Protection Agency they plan to sue it for failing to respond to a 3-year-old petition asking for stronger regulations governing toxic and radioactive phosphogypsum waste generated by the fertilizer industry.

  • February 14, 2024

    Defunct Nuke Plant Mishandled Asbestos, Mass. AG Says

    Asbestos-containing demolition debris from the decommissioning of the Pilgrim Nuclear Power Station in Massachusetts was repeatedly mishandled, including being transported in open-top dumpsters to an unapproved metal recycling facility, the state's attorney general alleged Wednesday in a civil complaint against the plant's current owner.

  • February 14, 2024

    Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'

    The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.

  • February 14, 2024

    NJ Mayor Gets Voice In NY Congestion Pricing Fight

    A New Jersey mayor who recently failed to get his lawsuit over New York's congestion pricing plan merged with another case brought by the Garden State government will be allowed to participate in oral arguments against the Empire State, a federal judge has decided.

  • February 14, 2024

    Glancy Prongay To Lead Wood Pellet Co. Dividend Suit

    Glancy Prongay & Murray LLP has been appointed lead counsel in an investor suit alleging wood pellet manufacturer Enviva misled investors about the financial health of the company and its ability to pay dividends.

  • February 14, 2024

    10th Circ. Revives Suit Accusing Valero Of Okla. Pipeline Leak

    The Tenth Circuit has partially revived an Oklahoma cattle ranch's lawsuit against Valero Energy Corp. alleging a pipeline leak contaminated its property, saying an Oklahoma federal judge misinterpreted state law when he tossed the ranch's nuisance and negligence claims.

  • February 14, 2024

    Mass. Court Doubts Northeastern Vowed To Keep Land Public

    Massachusetts Appeals Court justices appeared Wednesday to question a claim by the town of Nahant and a group of residents that Northeastern University had implicitly dedicated oceanfront land it acquired in the 1960s as a wildlife preserve and park by allowing public access for decades.

  • February 14, 2024

    Husch Blackwell Adds Ex-Perkins Coie Energy Co-Chair

    Husch Blackwell LLP has added the former co-chair of Perkins Coie LLP's nationwide energy industry group and another energy regulatory and environmental attorney from that firm as partners in its Madison, Wisconsin, office, it announced Wednesday.

  • February 14, 2024

    Shareholders Seek Approval For $7.5M Faraday Future Deal

    Faraday Future Intelligent Electric Inc. investors are asking a California federal judge to certify a settlement class and approve a $7.5 million deal to resolve their claims that the company misled them about its electric vehicle reservations and financial prospects before a go-public special-purpose acquisition company merger.

  • February 13, 2024

    Fluoride Can Harm Brain, EPA Scientist Says As Trial Wraps

    The government wrapped its defense Tuesday in a California federal bench trial over environmental groups' efforts to ban fluoride in America's drinking water, with the government's final witness acknowledging under cross-examination that fluoride is capable of causing "neurodevelopmental harm."

  • February 13, 2024

    Attys Must Reveal Possible Tie To 'Disturbing' Flint PR Move

    A Michigan federal judge on Tuesday tore into attorneys for a water engineering firm being sued for its alleged role in the Flint water crisis, warning them of severe repercussions if they are found to be involved in a campaign to disparage opposing counsel.

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    Exxon Investors Urge Judge To Toss SEC 'Proxy Battle'

    The ExxonMobile Corp. investors who backed off plans to call for a shareholder vote on the company's climate change policies now say the company's lawsuit attempting to bar the proposal should be dismissed, arguing the company is only moving forward with the case to indirectly challenge the authority of the U.S. Securities and Exchange Commission.

  • February 13, 2024

    Apache Agrees To Pay $4M For Air Pollution Violations

    Apache Corp. reached a deal Tuesday with the federal government and New Mexico to pay $4 million in civil penalties over allegations the company failed to capture and control air emissions from its oil and gas production operations.

  • February 13, 2024

    Fruit Co. Seeks $122M Private Sale To Avoid Ch. 11 Auction

    California stone fruit producer Prima Wawona has asked a Delaware bankruptcy court to approve a streamlined credit bid sale rather than force it to face the uncertainties of a Chapter 11 auction, given the company's urgent need to address its financial situation.

  • February 13, 2024

    Kidde-Fenwal Row Not For Bankruptcy Court, Insurers Say

    A group of insurers have asked that a Delaware federal court, rather than a bankruptcy court, handle their dispute with Kidde-Fenwal Inc. over whether they owe a defense in thousands of suits the fire-suppression company is facing over so-called forever chemicals.

  • February 13, 2024

    Calif. Clean Energy Storage Secures $350M From Blackstone

    Arevon Energy Inc. said Tuesday that it closed on financing for a California renewable energy storage facility, including $350 million from a Blackstone unit in the form of preferred equity, with guidance from three law firms.

Expert Analysis

  • 7 E-Discovery Predictions For 2024 And Beyond

    Author Photo

    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

    Author Photo

    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Consider A Key Insurance Tool For Environmental M&A Deals

    Author Photo

    Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.

  • ESG Concerns Can No Longer Be Ignored In 2024

    Author Photo

    While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.

  • How DOI Aims To Modernize Resource Damage Assessments

    Author Photo

    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

    Author Photo

    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 Securities Litigation Issues To Watch In 2024

    Author Photo

    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Antitrust And ESG: Maximizing Targets, Ensuring Compliance

    Author Photo

    Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.

  • Growing Green Tech Demand Spells Trouble For Groundwater

    Author Photo

    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • What One Litigator Learned Serving On A Jury

    Author Photo

    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Series

    ESG Around The World: South Africa

    Author Photo

    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 4 Legal Ethics Considerations For The New Year

    Author Photo

    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

    Author Photo

    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

    Author Photo

    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

    Author Photo

    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.

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!