Try our Advanced Search for more refined results
Environmental
-
July 05, 2024
3rd Circ. Preview: Ponzi Scheme, Merck Vaccine Heat Up July
The Third Circuit's July argument schedule is sizzling with several high-stakes cases, including two whistleblowers attempting to make drugmaker Merck answer for allegedly inducing the U.S. government to pay for substandard mumps vaccines.
-
July 03, 2024
Enviva Execs Individually Escape ESG Investor Action
A Maryland federal judge dismissed several executives and underwriters for wood pellet giant Enviva Inc. from a proposed securities class action seeking recompense for stock drops over reports they "greenwashed" claims of sustainability, saying the suit failed to show the defendants made conscious misstatements.
-
July 03, 2024
Ind. Panel OKs Coverage For Taiwanese Chemical Co. Owners
An Indiana appeals court ruled that a Taiwanese company's owners were additional insureds and that an insurer could not stack various policies' deductibles and retentions to reduce the coverage it owed for defense costs of a chemical exposure class action.
-
July 03, 2024
Sandy Cleanup Workers Agree To End Prevailing Wage Suit
Five workers told a New Jersey federal judge they agreed to put to rest their suit against a disaster recovery company and a waterfront building company claiming they should have been paid prevailing wages while clearing roadways and waterways in the aftermath of Hurricane Sandy.
-
July 03, 2024
Appliance Co. Must Face Stove Pollutant Risk Claims
Sub-Zero Group Inc., a maker of luxury kitchen appliances, can't get out of a proposed class action accusing it of selling gas stoves that emit pollutants, a Wisconsin federal judge has ruled, saying federal energy efficiency laws do not "at this point" invalidate the state law claims.
-
July 03, 2024
Monsanto Ducks Roundup Case As Philly Plaintiff Withdraws
A plaintiff in the Philadelphia Roundup weedkiller mass tort has voluntarily discontinued her case against Monsanto after a city judge granted summary judgment on all but one claim, letting the Bayer AG unit off the hook in the suit, at least temporarily, about a week before it was slated to go before a jury.
-
July 03, 2024
Canadian IPO Market Remained Largely 'Deserted' In First Half
Only 12 companies completed initial public offerings on Canadian exchanges in the first half of 2024 — half of which were actual operating businesses — continuing a multiyear decline in new listings for Canada, new data shows.
-
July 03, 2024
GM Inks EPA Emissions Settlement, Removes Carbon Credits
The U.S. Environmental Protection Agency said Wednesday that General Motors has voluntarily retired nearly 50 million metric tons of greenhouse gas credits to resolve allegations the automaker understated the emissions of about 6 million vehicles.
-
July 03, 2024
Solar Biz Says Duty Circumvention Probe Ignored Contractors
A solar importer urged the trade court to unwind the U.S. Department of Commerce's expansion of duties on Chinese solar products to Cambodian goods, alleging flaws with how the department assessed how much manufacturing occurred in Cambodia.
-
July 03, 2024
Feds Must Act On Right Whale Protections, Green Groups Say
Conservation groups are pushing a D.C. federal judge to order the National Marine Fisheries Service to act on a proposal meant to reduce the number of vessels killing and injuring North Atlantic right whales, saying its inaction is helping push the imperiled species toward extinction.
-
July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
-
July 02, 2024
Tribal Nations Want In On Red States' Water Rule Dispute
Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.
-
July 02, 2024
Travelers Says No Coverage For Energy Co.'s Enviro Dispute
A Travelers unit said it has no coverage obligations to an energy company in a now-settled Louisiana state court suit over environmental damage, telling a Texas federal court that the company's failure to notify the insurer of the suit for more than eight years violated the policies.
-
July 02, 2024
Northrop Must Face 3K Homeowner Class Over Contamination
A California federal judge Monday granted class certification to 3,200 homeowners who sued Northrop Grumman over the release of cancer-causing chemicals from a nearby circuit board manufacturing site they alleged reached their homes, finding the location and extent of the contamination in the area are subject to common proof.
-
July 02, 2024
Judge Says Feds Exceeded Question Limit In Pollution Suit
A Michigan federal judge has denied the federal government's bid to force a coke oven battery company to respond to questions about business decisions and parent company involvement, holding that it has exceeded an agreed-upon limit of so-called interrogatories in its Clean Air Act case.
-
July 02, 2024
DLA Piper Hires Former Goodwin Corporate Partner In DC
A former Goodwin Procter LLP partner has joined DLA Piper's corporate practice in the firm's Washington, D.C., office, where he will advise clients on mergers and acquisitions and other transactions.
-
July 02, 2024
Enbridge, Tribes Spar Over Payout In Pipeline Trespass Row
Enbridge Energy told the Seventh Circuit a recent ruling that resulted in a tribe receiving a nearly $400 million payout for trespassing does not apply to the Bad River Band of Lake Superior Tribe's current trespass challenge, arguing the district court recognized that this case presents a different set of facts.
-
July 02, 2024
Justices Revive FERC Solar Fight, Citing Chevron Ruling
The U.S. Supreme Court on Tuesday ordered the D.C. Circuit to rethink its approval of a Federal Energy Regulatory Commission decision granting market benefits for a small-scale solar energy project in Montana following the justices' blockbuster decision upending judicial deference to regulatory agencies.
-
July 02, 2024
Flint Needs State Help After Years Of Pipe Delays, Judge Says
A Michigan federal judge said the city of Flint's repeated failures to replace lead water service lines for residents shows it doesn't have the "wherewithal" or funds to finish the project and granted yet another extension to complete the work with offered help from the state of Michigan.
-
July 02, 2024
The Commercial Real Estate Q&A's You Can't Miss
Check out Law360 Real Estate Authority's most buzzed-about commercial real estate Q&As from the first half of 2024.
-
July 02, 2024
Data Analysis Shows Swift Influx In EPA Brownfield Grants
A Law360 Real Estate Authority analysis of the U.S. Environmental Protection Agency's brownfield grant awards since the program's inception shows a steep increase in funding, particularly in funding of cleanups, since the Bipartisan Infrastructure Law was passed in 2021.
-
July 02, 2024
Alaska Village Hits Army Corps With Gold Mine Permit Suit
The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.
-
July 02, 2024
Interior Dept. OKs Atlantic Shores South Wind Project
The U.S. Department of the Interior on Tuesday said it's approving the Atlantic Shores South offshore wind project, the ninth such commercial-scale project given a green light by the Biden administration.
-
July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
-
July 01, 2024
Red States Get Biden Admin's LNG Export Pause Halted
A Louisiana federal judge Monday stayed the Biden administration's pause on reviewing applications to export liquified natural gas to countries without free trade agreements, slamming the U.S. Department of Energy's decision as appearing to be "completely without reason or logic and is perhaps the epiphany of ideocracy."
Expert Analysis
-
3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
-
Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
-
What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
-
5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
-
Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
-
SEC's Final Climate Disclosure Rules: What Cos. Must Know
While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.
-
Caremark 2.0 Lends Shareholders Agency Against Polluters
The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.
-
Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.
-
Wildfire Challenges For Utility Investors: Regs And Financing
For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.
-
Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
-
Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
-
5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
-
Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
-
Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
-
Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.