Environmental

  • September 26, 2024

    Feds Split $71M Clean Energy Award Between 13 Tribes

    The Biden administration is investing $71 million to electrify homes in 13 tribal communities across Indian Country in an effort to close ongoing access to electricity gap problems with clean energy sources.

  • September 26, 2024

    6th Circ. Upholds Philips' Win In Glass Plant Pollution Suit

    The Sixth Circuit on Wednesday stood by a Kentucky federal jury's verdict clearing Philips Electronics of proposed class claims brought by Bluegrass State property owners over pollution, agreeing with the jurors and the lower court that the claims over the company's former glass plant were filed too late.

  • September 26, 2024

    VivoPower Keeps HQ In UK To Qualify For $21B Gov't Program

    Sustainable energy solutions company VivoPower International PLC and hydrogen technology business Future Automotive Solutions and Technologies on Thursday outlined additional terms to their proposed $1.13 billion merger, including settling the combined company's headquarters in the U.K. in order to qualify for potential "significant and attractive" government incentives.

  • September 26, 2024

    Ga. Judge Halts Election Over Sapelo Island Zoning Change

    A Georgia state judge pulled the plug on a special election Gullah Geechee residents of Sapelo Island initiated to try to overturn a McIntosh County zoning change that more than doubled the size of dwellings allowed in their Hogg Hummock community.

  • September 26, 2024

    11th Circ. Wary Of Ineffective-Counsel Claim In Salmonella Case

    Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 in 2008 and 2009 urged the Eleventh Circuit on Thursday to overturn a district court order refusing to vacate their prison sentences.

  • September 26, 2024

    Qualcomm Eyes Massive Buyout Of Intel, Plus Other Rumors

    Qualcomm has approached struggling rival Intel with a takeover offer, Chevron's $53 billion acquisition proposal for Hess is expected to win regulatory clearance, and private Equity Firm BC Partners wants to buy a minority stake in EuroLeague. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • September 26, 2024

    Texas Energy Co. Is Owed $8.1M Research Credit, Court Told

    An energy company that said it developed a method for recycling water produced by fracking is owed $8.1 million in tax credits for research related to developing new oil production methods in the U.S. and Canada, the company told a Texas federal district court.

  • September 25, 2024

    Arnold & Itkin DQ Bid Says Zeta Defense Atty Is Ex-Employee

    Arnold & Itkin has asked a Harris County judge to disqualify the law firm representing a drilling rig owner in litigation spurring from Hurricane Zeta, alleging a defense lawyer previously worked for Arnold & Itkin and improperly sent herself confidential information about the litigation before leaving the firm.

  • September 25, 2024

    Target Can't Escape Claims Over Deceptive 'Clean' Label

    A California federal judge on Wednesday said that Target Corp. still has to face class claims that its Target Clean range of beauty products actually contain chemicals that harm humans and the environment, saying the allegations are a bit "unique" and are not typical product liability claims.

  • September 25, 2024

    Baltimore Bridge Wreck: 6 Months Later, Claims Mount

    A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.

  • September 25, 2024

    Consultant Wants NC Packaging Patent Fight Tossed

    A consultant and owner of a cold-packaging company accused of lying about his patent rights is doubling down on his bid to ditch a rival business's federal lawsuit under North Carolina's abusive patent law, saying he has no intention of accusing the business of infringement.

  • September 25, 2024

    Fla. Condo's Irma Suit Dismissed After Settlement With Insurer

    A Florida federal court on Wednesday dismissed a lawsuit brought by a Fort Myers Beach condominium association after it settled with an insurance company for an appraisal award that was allegedly owed for damage caused by Hurricane Irma in 2017.

  • September 25, 2024

    3rd Circ. Preserves Monsanto's Win In Cancer Warning Suit

    The Third Circuit refused to reconsider its ruling that federal law preempts a more stringent Pennsylvania statute that mandates cancer warnings on chemicals, preserving Monsanto's win against a man who alleged the company's Roundup herbicide caused his illness.

  • September 25, 2024

    10th Circ. To Hear Arguments In Utah Monument Row

    A Tenth Circuit panel will hear arguments on Thursday in a dispute over President Joe Biden's redesignation of 1.4 million acres of land in Utah that reclaimed the Bears Ears National Monument.

  • September 25, 2024

    Transco Backers Urge DC Circ. To Revisit Pipeline Ruling

    Natural gas and pipeline entities are firing back at a D.C. Circuit ruling that scrapped Federal Energy Regulatory Commission approvals for a five-state pipeline expansion project being pursued by the Transcontinental Gas Pipe Line Co., with one rival company saying the court's flawed decision sent "shockwaves through the industry."

  • September 25, 2024

    7th Circ. Judge Surprised Key Argument Left In Footnote

    A Seventh Circuit judge seemed unsure Wednesday whether an insurer for Sterigenics could avoid a $75 million legal bill for defending the company from pollution suits, noting that the insurer addressed "the biggest issue in the case" in just a single, vague footnote. 

  • September 25, 2024

    Baker Botts, Latham Lead Natural Gas Producer's $270M IPO

    Natural gas producer BKV Corp. on Wednesday priced a $270 million initial public offering below its range, completing a long-awaited IPO nearly two years after filing plans, represented by Baker Botts LLP and underwriters' counsel Latham & Watkins LLP.

  • September 25, 2024

    11th Circ. Weighs Sovereignty In Ala. Burial Ground Fight

    An Eleventh Circuit judge on Wednesday described a lower court's ruling in a dispute between two tribes over an ancient Alabama burial site as problematic, arguing that it failed to evaluate sovereign immunity status on a claim-by-claim basis and instead lumped it together, against precedent.

  • September 25, 2024

    EPA Can't Justify Calif. Emissions Ruling, High Court Told

    Republican-led states told the U.S. Supreme Court the U.S. Environmental Protection Agency can't justify a D.C. Circuit decision backing its authorization of a Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for certain vehicles and run a zero-emissions vehicle program.

  • September 25, 2024

    US Steel Clears One Hurdle In $14B Nippon Steel Deal

    An arbitration board has sided with U.S. Steel amid its union's challenge to a planned $14.9 billion acquisition by Nippon Steel, clearing one hurdle while Nippon continues fighting on another front for approval from the Committee on Foreign Investment in the U.S.  

  • September 25, 2024

    Fed. Claims Court Won't Toss Abandoned Border Fence Suit

    The U.S. Court of Federal Claims refused to throw out a suit filed by California property owners who claimed that the federal government owed them compensation after it abandoned a U.S.-Mexico border fence project on the owners' leased properties, leaving behind construction debris and causing environmental damage.

  • September 25, 2024

    NC Judge Limits $5.6M Hurricane Claims In Part Over Deadline

    A North Carolina federal court found that a property owner awarded $5.6 million following hurricane damages could continue its breach of contract case against an insurer for alleged underpayment for 2016 Hurricane Matthew damages, though its claims for 2018 Hurricane Florence damages were time-barred.

  • September 25, 2024

    Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ

    A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.

  • September 25, 2024

    Calif. Man Admits Importing Greenhouse Gases In Novel Case

    A San Diego man pled guilty to conspiring to transport regulated greenhouse gasses into the United States from Mexico, in what prosecutors said was the first conviction under a 2020 law that criminalizes the sale of such substances.

  • September 25, 2024

    US Antitrust Holds Fast: No 'Environmental Justice' Goals

    A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.

Expert Analysis

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    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.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    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.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    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.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    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.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    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.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    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.

  • Rebuttal

    Cancer Research Org. Is Right To Avoid Corporate Influence

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    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.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    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.

  • How Courts' Differing Views On Standing Affect PFAS Claims

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    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.

  • New State Carbon Capture Laws: Key Points For Developers

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    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.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    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.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    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.

  • New NHTSA Fuel Economy Rule Adds Compliance Complexity

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    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.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

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