Environmental

  • August 14, 2024

    Oregon Gets New 600-Acre Wildlife Refuge

    Oregon is home to a new 600-acre wildlife refuge in the Willamette Valley between Salem and Eugene intended to preserve a variety of animal and plant species, the U.S. Department of the Interior said Tuesday.

  • August 14, 2024

    HHS Calls For More Research, Planning To Combat Heat Risks

    Citing a sharp increase in deaths from extreme heat, the Biden administration unveiled a national strategy Wednesday that calls for better communicating the health risks of hot weather to the public and taking other steps to protect people from life-threatening heat waves.

  • August 14, 2024

    Kroger Hit With Prop 65 Suit Over Metals In Snacks, Cinnamon

    Kroger and Ralphs sell roasted seaweed snacks and ground cinnamon containing cadmium and lead, which are known to cause cancer and reproductive toxicity, without warning consumers in violation of Proposition 65, according to a complaint filed in California state court by a consumer protection group. 

  • August 14, 2024

    Michigan's Airport PFAS Pollution Suit Escapes Foam MDL

    A Michigan federal judge has agreed to disentangle state regulators' PFAS pollution claims against an airport from claims against manufacturers of the chemicals, a move that prevents the state's case from being absorbed into multidistrict litigation over firefighting foam.

  • August 14, 2024

    10th Circ. Wipes Out Fight Over Obama-Era Methane Rule

    The Tenth Circuit has thrown out a lower court ruling partially invalidating an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, saying a new rule crafted by the Biden administration moots the entire case.

  • August 14, 2024

    Judge Reconsiders Stop To Colo. River Transfer Without EIS

    An Arizona federal judge on Tuesday reinstated water sale contracts between a company-owned farm on the Colorado River and a town more than a hundred miles away, agreeing with the federal government that his prior decision to void them would cause too much trouble.

  • August 14, 2024

    Judge Blocks Missouri's Anti-ESG Rules, Handing SIFMA Win

    A Missouri federal judge found Wednesday that the state's anti-ESG rules for brokers and advisers violate the First Amendment and are preempted by federal laws, handing the Securities Industry and Financial Markets Association an early win in its suit against state officials.

  • August 14, 2024

    The Biggest Enviro Decisions Of 2024: Midyear Report

    2024 has already been one of the most consequential years for environmental law, and it's only half over. The U.S. Supreme Court issued groundbreaking administrative law decisions, while lower appeals courts resolved questions about California's right to promulgate its own vehicle emissions standards, among other rulings.

  • August 14, 2024

    Santa Monica Sues 3M, DuPont Over PFAS Contamination

    The city of Santa Monica, California, has hit 3M, DuPont de Nemours Inc., RTX Corp., formerly known as Raytheon, and more than a dozen other companies with a suit over PFAS contamination stemming from the use of aqueous film-forming firefighting foams.

  • August 14, 2024

    Brewers Owner Implicated In Fight Over Stolen Beach Sand

    The principal owner of the Milwaukee Brewers has been drawn into a testy dispute accusing one of his companies of stealing public beachfront sand in Malibu, California, and using it to build out a nearby private development.

  • August 13, 2024

    Anadarko Settles Wyo. Landowners' Antitrust Case For $12M

    Occidental Petroleum Corp. unit Anadarko Petroleum Corp. will pay $12 million to resolve a federal class action from Wyoming landowners accusing the extraction company of anticompetitively hoarding permits to block and control local oil and gas development, resolving the suit Monday — very nearly on the courthouse steps.

  • August 13, 2024

    No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says

    The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.

  • August 13, 2024

    Ariz. Tribe, Green Groups Want In On Industry Copper Rule Suit

    A Native American tribe and the Sierra Club are squaring off against mining companies challenging the U.S. Environmental Protection Agency's recent rule, which is intended to reduce toxic, cancer-causing emissions from copper-smelting facilities.

  • August 13, 2024

    Youth Plead To Save Constitutional Climate Lawsuit

    Youth plaintiffs on Monday defended their right to continue their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests.

  • August 13, 2024

    United Customer's Greenwashing Suit Preempted, Judge Says

    A Maryland federal judge ruled Tuesday that federal law preempts a proposed class action alleging United Airlines misled customers by deceptively marketing its use of sustainable aviation fuels and its efforts to be green and carbon-neutral.

  • August 13, 2024

    DC Circ. Backs EPA's Ethylene Oxide Cancer Risk Value

    The D.C. Circuit on Tuesday upheld federal environmental regulators' assessment of the cancer risk from exposure to certain chemical manufacturers' ethylene oxide emissions, rejecting a challenge from a chemical company and two chemical associations that argued the risk assessment was arbitrary and capricious.

  • August 13, 2024

    DOJ Says Law Bars All River Structures In Texas Buoy Row

    The Biden administration criticized Texas' "cribbed reading" of the Rivers and Harbors Act in its suit to make Texas remove a border barrier in the Rio Grande, saying the law bars all unauthorized structures in the river — even those that haven't been built yet.

  • August 13, 2024

    3 International Trade Cases To Watch: Midyear Report

    The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.

  • August 13, 2024

    EPA Defends Approval Of La. Injection Well Authority

    The U.S. Environmental Protection Agency on Monday urged the Fifth Circuit to dismiss a lawsuit by green groups challenging the EPA's decision to give Louisiana authority over some underground injection wells, which can be used for carbon capture and sequestration.

  • August 13, 2024

    Baker Botts-Led Drilling Firm Joins September's IPO Pipeline

    Drilling equipment and services provider HMH Holding Inc. has filed for an initial public offering, represented by Baker Botts LLP and underwriters counsel Latham & Watkins LLP, joining a pipeline of potential post-Labor Day IPOs.

  • August 13, 2024

    Paul Weiss-Led CPP Injects $843M Into Tallgrass Energy

    The Canada Pension Plan Investment Board, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced it had plugged roughly $843 million into private equity-owned energy infrastructure company Tallgrass Energy.

  • August 13, 2024

    Baker McKenzie Guiding Flowserve On $305M Mogas Buy

    Baker McKenzie is advising environmental machinery provider Flowserve Corp. on a new agreement to buy valve-maker Mogas Industries, represented by Foley & Lardner LLP, for up to $305 million, Flowserve said in a Tuesday statement.

  • August 12, 2024

    Groups Call On IHS To End Amalgam Use On Tribal Lands

    A consortium of groups, including Consumers for Dental Choice and the International Indian Treaty Council, are calling on the U.S. Indian Health Service and other governments to immediately stop using mercury-containing dental fillings on Native Americans.

  • August 12, 2024

    Deadline Passes For Camp Lejeune Claims

    The deadline for U.S. Marine Corps servicemembers and their families to file administrative claims with the federal government over illnesses contracted by contaminated drinking water at Camp Lejeune passed on Saturday, with more than 320,000 claims that have been filed with the U.S. Navy.

  • August 12, 2024

    Norfolk Southern Says Cuts To Investors' Suit Aren't Enough

    Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.

Expert Analysis

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Opinion

    We Need A Legislative Path To Power Plant Emissions Cuts

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    With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

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