Environmental

  • June 11, 2024

    Ariz. Wants To Oppose Its Legislature In Monument Lawsuit

    The state of Arizona wants to intervene in a lawsuit by its Republican House and Senate lawmakers that challenges President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument, arguing that the legislative body lacks authority to assert those claims in federal district court.

  • June 11, 2024

    Ore. County Climate Suit Sent To State Court

    An Oregon federal judge sent Multnomah County's climate change lawsuit against Chevron, Exxon Mobil Corp. and other fossil fuel companies back to state court, adopting a magistrate judge's findings rejecting arguments the complaint was fraudulently crafted to evade federal jurisdiction.

  • June 11, 2024

    Smoking Habit Can't Nix Retired Miner's Black Lung Benefits

    The Seventh Circuit on Monday backed a review board's decision to uphold black lung benefits for a retired coal worker who smoked cigarettes through his entire career in the mines, saying it wouldn't second-guess medical findings made at the administrative level.

  • June 11, 2024

    NJ Supreme Court Rejects Bid For Roundup Mass Tort

    The New Jersey Supreme Court has rejected a request for litigation against Monsanto Co. and Bayer AG to be designated as multicounty litigation because there are too few cases, according to a notice to the bar published Monday.

  • June 11, 2024

    Watchdog Says EPA's Lead Exposure Notice Program Lagging

    The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.

  • June 11, 2024

    DOE Urges DC Circ. To Extinguish Furnace Rule Fight

    The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.

  • June 11, 2024

    Enviro Suit Says BLM Well Policy Leaves Drilling Unchecked

    An environmental group is suing the Bureau of Land Management to invalidate drilling permits in and around Colorado's Pawnee National Grassland, claiming the agency has given up authority to regulate the surface impacts of certain wells in violation of its federal mandates.

  • June 11, 2024

    Restaurant Owner Seeks $414K For Deductible Overpayment

    The owner of two Florida restaurants is seeking reimbursement of over $400,000, telling a federal district court Tuesday that it overpaid a claim deductible for damage stemming from Hurricane Ian after its insurer misapplied the appropriate endorsement.

  • June 11, 2024

    Greenberg Traurig Adds Environmental Team From Steptoe

    Greenberg Traurig LLP has bolstered its environmental practice with the addition of a shareholder and two assistant directors from Steptoe LLP at its Washington, D.C., office.

  • June 11, 2024

    Singleton Schreiber Adds Tribal And Environmental Law Pro

    Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.

  • June 11, 2024

    Pepsi Bottling Partner Hit With Pollutant Lawsuit In Mass.

    A Massachusetts environmental advocacy group has followed through on plans to sue a bottler of Pepsi products over alleged violations of the Clean Water Act, but a lawyer for the Conservation Law Foundation says the organization is "optimistic" it will be able to resolve the issue.

  • June 10, 2024

    Calif. Targets Oil Giants' Profits In Amended Climate Suit

    California Attorney General Rob Bonta on Monday tweaked the state's climate deception suit against Exxon Mobil Corp., Shell, Chevron, ConocoPhillips and BP to also target the oil and gas companies' "illegally obtained" profits under a recently enacted state law.

  • June 10, 2024

    9th Circ. Partially Revives Puget Sound Pollution Row

    The Ninth Circuit sided with an environmental group Monday in a regulation enforcement case against the Port of Tacoma, Washington, partially overturning a lower court to find previous iterations of state stormwater permitting rules do extend across marine cargo terminals and other transportation facilities.

  • June 10, 2024

    Coca-Cola Beats False Ad Claims Of PFAS In Juice, For Now

    Coca-Cola defeated, for now, a proposed false advertising class action alleging its line of Simply Tropical fruit juice contains "forever chemicals," when a New York federal judge said Monday the customer lacks standing because his complaint relies on a single allegation of testing without linking the test result to his purchase.

  • June 10, 2024

    Home Flooding Was Unavoidable, Agency Tells Appeals Court

    A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.

  • June 10, 2024

    Judge Sides With Tenants In Legionnaires' Coverage Dispute

    A Kentucky federal court declined to exercise jurisdiction in an insurer's attempt to secure a ruling that coverage isn't available to its landlord-insureds in a $4.5 million underlying state court action in which a tenant alleged that the landlords' negligence caused her to contract Legionnaires' disease.

  • June 10, 2024

    Fishermen Challenge Feds' Gulf Of Mexico Fishing Quotas

    The owners of a family fishing business are fighting the National Marine Fisheries Service's 80% cut to fishing quotas for gag grouper fish in the Gulf of Mexico, claiming the agency doesn't have the ability to lawfully approve the new rule.

  • June 10, 2024

    Colo. Justices Say Toxic Tort Plaintiffs Didn't Waive Privilege

    Colorado's justices on Monday said plaintiffs suing a medical sterilization plant over exposure to a carcinogen cannot be forced to turn over communications with their lawyers related to an expert report, rejecting the plant's argument that the disclosure of a spreadsheet to an expert waived attorney-client privilege.

  • June 10, 2024

    Exxon Says Activist Investor Could Still Target Core Business

    Exxon Mobil Corp. sought Monday to keep alive its lawsuit against Arjuna Capital LLC in Texas federal court, arguing that the activist investor could still work behind the scenes to submit climate-related shareholder proposals despite promises in court that it will not.

  • June 10, 2024

    Split 4th Circ. Tosses Suit Over 'Forever Chemicals' In NC

    The Fourth Circuit ruled Monday that environmental groups couldn't challenge in district court the U.S. Environmental Protection Agency's selection of particular so-called forever chemicals for testing after the agency agreed, at the groups' request, to research the chemicals' effects in North Carolina.

  • June 10, 2024

    Judge Orders Site Worker To Film Drone Video In Cancer MDL

    A state judge said Monday that additional drone video of cleanup efforts at a contaminated rail yard sought by Houston residents living near the site must be taken by a Union Pacific Railroad Co. employee following a dispute over allegedly improper drone videos filmed over the site last month.

  • June 10, 2024

    EPA Air Compliance Rule Trumps State Powers, DC Circ. Told

    The U.S. Environmental Protection Agency usurped state authority when it issued a final rule changing the deadline for states to submit Clean Air Act compliance plans for power plants and other existing facilities within their borders, 25 Republican-led states told the D.C. Circuit.

  • June 10, 2024

    Supreme Court Rejects WWII Oil Refinery Cleanup Appeal

    The U.S. Supreme Court left intact on Monday a Sixth Circuit decision that the federal government can't be held liable for environmental contamination left behind by oil refineries during World War II, rejecting a petition for certiorari filed by Valero Energy Corp.

  • June 10, 2024

    Goldberg Segalla Adds Toxic Torts, Workers' Comp Attys

    Goldberg Segalla LLP has added two attorneys working in practice areas such as toxic torts and workers' compensation as partners in its offices in Manhattan and Garden City, New York, the firm announced Monday.

  • June 10, 2024

    Co. Says 16 Intervenors Will Drag Out Alaska Mine Dispute

    A company seeking relief from a U.S. Environmental Protection Agency decision to block a mining proposal for a stretch of pristine salmon habitat on Alaska's Bristol Bay asked a federal judge to exclude more than a dozen environmental groups from joining the case.

Expert Analysis

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Opinion

    Farm Bill Gives Congress 2024's Biggest Enviro Opportunity

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    A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

  • After Watershed Year, Clean Hydrogen Faces New Challenges

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    Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Time To Step Up PFAS Due Diligence In Cross-Border M&A

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    Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • 3 Significant Ohio Insurance Updates From 2023

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    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Consider A Key Insurance Tool For Environmental M&A Deals

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    Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.

  • ESG Concerns Can No Longer Be Ignored In 2024

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    While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.

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