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Environmental
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July 26, 2024
Farmworkers' Children, Corteva Settle Pesticide Injury Claims
Children of migrant farmworkers, Corteva Inc. and its subsidiary Pioneer Hi-Bred International Inc. asked an Illinois federal judge Friday to greenlight their confidential settlement resolving claims that the children were injured when they were crop-dusted with pesticides during a corn-pruning operation.
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July 26, 2024
Puerto Rico Fiscal Board Sues To Stop Solar Panel Bill
The Financial Oversight and Management Board for Puerto Rico on Friday sued Gov. Pedro R. Pierluisi to nullify a law extending a program which reduces the cost of solar panels for Puerto Rican households, calling it legislative interference with the island's energy regulator.
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July 26, 2024
DC Circ. Vacates EPA's Biofuel Exemptions Denial
The D.C. Circuit on Friday largely sided with dozens of small petroleum refiners challenging the U.S. Environmental Protection Agency's denial of their exemptions to federal renewable fuel blending requirements while keeping its reasoning for doing so under seal.
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July 26, 2024
EU Calls For Dispute Talks Over Taiwan's Wind Farm Policy
The European Union challenged Taiwan's domestic sourcing requirements for offshore wind energy projects in the World Trade Organization, saying Friday that Taiwan was violating its duty not to discriminate against imported goods.
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July 26, 2024
EV Group Seeks To Defend Fuel Economy Rule In 6th Circ.
A coalition of electric vehicle manufacturers and suppliers want in on a consolidated challenge in the Sixth Circuit to the U.S. Department of Transportation's new fuel economy standards for passenger cars and light trucks, saying the EV industry's future viability banks on the stringent new standards.
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July 26, 2024
Feds Invest $240M In Pacific Tribal Fish Hatchery Efforts
Hatcheries that produce Pacific salmon and steelhead will get $240 million in federal funding as the U.S. Department of the Interior and the Commerce Department look to restore fish in the Columbia River Basin and mitigate the impacts of dams on tribes, the U.S. government said.
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July 26, 2024
Power Groups Join Bid To Stay EPA Plant Rule At High Court
Utility and coal industry groups have joined dozens of red states in urging the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants.
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July 26, 2024
Washington Cases To Watch 2024: A Midyear Report
Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 25, 2024
Seattle, Monsanto Ink $160M Deal Over PCBs In Duwamish
Bayer AG's Monsanto Co. has agreed to pay $160 million to resolve allegations that it contaminated Seattle's stormwater and drainage systems as well as the Lower Duwamish Waterway with polychlorinated biphenyls, the city attorney's office announced Thursday.
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July 25, 2024
Monsanto Says Appellate Win Should Stave Off Next PCB Trial
Monsanto told a Washington state court its recent appellate victory left another set of chemical poisoning plaintiffs without key testimony tying their health conditions to polychlorinated biphenyls, hoping to avoid the next trial in a group of cases involving a single school site.
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July 25, 2024
NC High Court Signals End To College Building Access Row
The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.
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July 25, 2024
Lawmakers Take Stab At Energy Permitting As Election Looms
U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.
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July 25, 2024
Solvay Wants Arkema To Cover Some Of NJ PFAS Deal
Solvay Specialty Polymers USA LLC said it plans to ask a New Jersey state judge to lift a 3-year-old stay so it can seek contributions from Arkema Inc. for the remediation of forever chemical pollution stemming from a West Deptford facility.
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July 25, 2024
California Disses Chamber's Climate Compliance Attack
The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.
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July 25, 2024
1st Circ. Leery Of Fishing Industry Challenge To Wind Farm
A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.
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July 25, 2024
Justices Urged To Hear Red State Bid To End Climate Torts
Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.
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July 25, 2024
Alaska Sues To Block Federal Land Conservation Rule
The state of Alaska is challenging a Bureau of Land Management rule that aims to conserve and protect public lands, saying the "vast majority" of the rule isn't allowed under state and federal law because of how it prioritizes "ecosystem resilience" over longtime policies.
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July 25, 2024
Calif. Appeals Court Revives Roadside Attraction Challenges
A California state appeals court revived two suits targeting San Benito County approvals for a roadside attraction proposed to be built along Highway 101, holding that the Center for Biological Diversity and the Amah Mutsun Tribal Band filed timely challenges to the so-called Betabel Road project.
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July 25, 2024
Texas Can Pursue 'Invasion' Defense In River Barrier Row
Texas can pursue an "invasion" defense in the Biden administration's suit over an anti-migrant barrier in the Rio Grande, a federal judge has ruled, saying the state could ultimately show migration at the southern border actually constitutes an invasion.
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July 25, 2024
EPA OIG Says Texas, Calif. Pollution Sources Need Oversight
The U.S. Environmental Protection Agency has, since at least 2006, failed to keep tabs on air pollution sources in California and Texas that might require more stringent control measures, the EPA's internal watchdog said Wednesday.
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July 25, 2024
IRS, Zaxby's Co-Founder To Settle $43M Easement Suit
The Internal Revenue Service agreed to settle a $43 million valuation dispute over a conservation easement donated by the co-founder of the Zaxby's restaurant chain and his wife, prompting a Georgia federal court Thursday to cancel next month's anticipated jury trial.
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July 24, 2024
FERC Can't Give Pipeline More Time, Green Groups Say
Conservation groups are urging the D.C. Circuit to throw out a three-year deadline extension the Federal Energy Regulatory Commission granted for the completion of a southern extension of the controversial Mountain Valley pipeline.
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July 24, 2024
How Hinckley Allen Took On Rhode Island Beach-Access Law
A Rhode Island judge this month sided with beachfront property owners, represented by Hinckley Allen & Snyder LLP, ruling that a 2023 law that shifts the public access line landward amounts to a taking.
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July 24, 2024
Exxon Loses Bid To Ditch Conn. Climate Change Fraud Suit
Exxon Mobil Corp. cannot escape Connecticut's lawsuit accusing it of deceiving consumers about the negative impact of fossil fuels on the earth's climate, a state judge ruled Tuesday in rejecting the oil and gas giant's contention that it can't be sued in the Nutmeg State.
Expert Analysis
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Tips For Implementing EU Sustainability Reporting Guidance
Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.