Environmental

May 14, 2024
Firms Escape Malpractice Suit Over Chicken Plant Pollution

Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.
May 14, 2024
Carbon Capture Co.'s $1.8B SPAC Deal Sparks Chancery Suit

Stockholders who lost big after a blank-check company took carbon-capture venture LanzaTech NZ Inc. public in a purportedly $1.8 billion reverse-merger in February 2023 have sued for damages in Delaware's Court of Chancery, alleging disclosure failures and other defects prior to closing.
May 14, 2024
9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute

The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.
May 14, 2024
Biden More Than Doubles Tariffs On Chinese EVs, Solar Cells

The U.S. will more than double tariffs on a range of Chinese goods, including electric vehicles and their batteries, steel, semiconductors and solar cells, in response to allegedly unfair trade practices and overproduction, the White House announced Monday.
May 13, 2024
16 States Sue To Block Calif.'s 'Clean Fleets' Rule For Trucks

Over a dozen U.S. states filed a constitutional challenge in California federal court Monday against a Golden State regulation requiring commercial truck operators to move to zero-emission electric-vehicle fleets, arguing it would disrupt the global supply chain, raise costs, and illegally enforce emission control standards, in violation of federal laws.
May 13, 2024
Hunting Groups Want In On Gray Wolf Protections' Lawsuit

Several hunting groups have asked a Montana federal court to let them intervene in a gray wolf protection lawsuit brought by environmentalists against the U.S. Department of the Interior, saying they should get involved because their interests aren't adequately represented by the government.
May 13, 2024
Enviro. Group Sues Feds To Stop Wash. Logging Project

The Alliance for the Wild Rockies sued the U.S. Forest Service in Washington federal court on Monday in an effort to upend the agency's final decisions to proceed with the Sxwuytn-Kaniksu Connections Trail Project for failing to take a "hard look" at the project's impacts.
May 13, 2024
Flint Judge Threatens Sanctions After Water Firm's PR Stunt

The Michigan federal judge overseeing Flint, Michigan, water crisis cases excoriated a water engineering firm and its PR agency for apparently running a smear campaign targeting a lawyer for Flint children, saying Monday she will sanction the firm if it doesn't turn over documents about the campaign by next week.
May 13, 2024
Utah, Oil Co. Can Enter BLM Oil Lease Challenge, Judge Says

Anschutz Exploration Corp. and Utah will get the chance to fight environmentalists' lawsuit challenging the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, a Utah federal judge has ruled.
May 13, 2024
Schumer Urges FTC To Block Hess-Chevron Deal, Jabs Trump

U.S. Senate Majority Leader Chuck Schumer said he was "sounding the alarm" against Chevron Corp.'s planned $53 billion acquisition of Hess Corp. in a post on social media platform X, urging the Federal Trade Commission to halt the deal while criticizing former President Donald Trump for a reported meeting with oil executives.
May 13, 2024
EPA Wrongly Approved New Chevron Chemicals, Group Says

A Mississippi community group has asked the D.C. Circuit to revoke the U.S. Environmental Protection Agency's authorization for Chevron Corp. to produce 18 new chemicals derived from plastic waste "despite their extreme health risks."
May 13, 2024
Texas Farming Couple Owe $1.9M, Tax Court Says

An oral surgeon and his wife who raised large deer and bass for hunting and ecotourism in Texas are on the hook for nearly $1.9 million in taxes, as a U.S. Tax Court decision issued Monday found that they weren't entitled to farming deductions.
May 13, 2024
Camp Lejeune Plaintiffs Can't Appeal Jury Trial Denial Order

The North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune military base on Monday denied the service members' attempt to appeal an order that struck down their bid for jury trials, saying that it's not an issue that warrants appeal.
May 13, 2024
FERC Powers Up Major Rewrite Of Grid Planning Policy

The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.
May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend

Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
May 13, 2024
High Court Won't Take Up Wyo. Wildfire Suit

The Supreme Court on Monday declined to review a suit by survivors of the 2018 Roosevelt wildfire in Wyoming against the U.S. Forest Service over the government's decisions in fighting the fires.
May 10, 2024
Rivian's Cert. Oppo Not How 'Real World Works,' Judge Says

A California federal judge told Rivian's attorney Friday that his arguments opposing class certification for investors alleging the carmaker misled them on material costs appeared to say that unless a company practically admits fraud in a disclosure it's not a "corrective" disclosure, but "that is not how the real world works."
May 10, 2024
Zeekr's US Debut Could Spur More IPOs From China

Electric-vehicle maker Zeekr's robust initial public offering sent an encouraging signal to Chinese companies considering whether to tap U.S. markets after a long lull, despite continued risks stemming from fractured U.S.-China relations, experts said Friday.
May 10, 2024
Trade Court Lets Solar Duties Suit Proceed Over Feds' Protest

U.S. solar panel manufacturers' suit over a two-year pause on new duties for competitors from four Southeast Asian countries survived the government's push for dismissal this week, with the trade court affirming its authority over the case.
May 10, 2024
4th Circ. Judge Suspects 'Abuse' In Land Donor Tax Case

The Fourth Circuit appeared poised Friday to rule that a couple owes taxes and penalties after claiming an inflated $5.1 million valuation on donated land for deductions, with one judge positing he believed the couple had engaged in "abuse" of a conservation donation.
May 10, 2024
Oil Giants Say Tribal Climate Change Row Must Stay Federal

Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.
May 10, 2024
Solar Co. Stockholders Claim Execs, Board Caused Losses

SunPower's current and former leadership was accused in a derivative shareholder suit of sending the residential solar power company into a financial tailspin by revising financial statements multiple times and causing the stock value to drop.
May 10, 2024
Enviro Groups Say Colo. Rule Gives Many Polluters An Out

Environmental justice groups say a Colorado regulation that was supposed to require on-site monitoring of air pollution in disproportionately impacted communities allows many polluters to get out of the requirement by paying one-time fees, according to a brief filed in a lawsuit challenging the rule.
May 10, 2024
EPA Tightens Copper-Smelting Toxic Emissions Standards

The U.S. Environmental Protection Agency is finalizing regulations it says will reduce toxic, cancer-causing emissions from copper-smelting facilities.
May 10, 2024
Signal Peak Asks Court To Block DOI's Coal Mine 'Delay'

Signal Peak Energy is asking a D.C. federal court to force the U.S. Department of the Interior to speed up its "unlawfully lengthy" timeline for an environmental review needed for the planned expansion of a Montana coal mine.

Expert Analysis

Environmental Justice: A 2023 Recap And 2024 Forecast

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

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

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.
Food And Beverage Policy Trends Cos. Should Track In 2024

The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.
How 2023 Shaped Drug And Medical Device Legal Trends

2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
Opinion

What Insurers Gain When Litigating Coverage Denials

Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
After Headwinds, 2024 May See Offshore Wind Momentum

Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
10 Issues To Watch As ESG Remains Alive And Well In 2024

Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
Top 10 Employer Resolutions For 2024

From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.