Environmental

  • November 18, 2024

    3M Can't Add DuPont, Others To PFAS Water RICO Fight

    A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.

  • November 18, 2024

    Enviros Sue Feds Over CSX Railroad Rebuild In River Gorge

    Environmental groups slammed three federal agencies for allowing CSX Transportation to conduct "unmitigated, extremely damaging railroad construction work" in Tennessee's Nolichucky River Gorge after Hurricane Helene caused catastrophic damage, in a complaint filed Monday in North Carolina federal court.

  • November 18, 2024

    Trump DOE Pick Signals Funding Flux For Clean Energy Cos.

    President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.

  • November 18, 2024

    EPA Has No Choice But To Rethink Smog Rule, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to reconsider its so-called "good neighbor" smog emissions rule after it was partially invalidated by a court, arguing the agency's own brief confirms that its refusal to do so was improper.

  • November 18, 2024

    8th Circ. Set For Arguments In Oil Lease Termination Row

    The Eighth Circuit set arguments on Friday for Dec. 18 in an appeal over a North Dakota federal judge's decision to throw out Denver-based Prima Exploration Inc.'s lawsuit alleging the Bureau of Indian Affairs schemed with two rival companies to end its lease on land within the Fort Berthold Reservation.

  • November 18, 2024

    Snyder Aide Expands Suit Over Flint Water Crisis Prosecution

    An adviser to former Michigan Gov. Rick Snyder has been permitted to add new allegations to his lawsuit against the state's attorney general and special prosecutors over their handling of charges brought against him surrounding the Flint water crisis, while the judge delayed ruling on prosecutors' immunity.

  • November 18, 2024

    Pa. DEP Seeks OK For $1.3M CERCLA Deal At Chemical Site

    The Pennsylvania Department of Environmental Protection is asking a federal court to approve a $1.3 million settlement with Arxada LLC to repay the state for cleaning up a former pool chemical storage and processing facility in Rochester, Beaver County.

  • November 18, 2024

    Pa. AG-Elect Likely To Target AI, Robocalls And Opioids

    Pennsylvania Attorney General-elect Dave Sunday is likely to focus on cracking down on artificial-intelligence-related scams that prey on vulnerable populations, unwanted robocalls, and opioid makers, while being less inclined to hammer down on energy and fossil fuel companies, experts said.

  • November 15, 2024

    DC Circ.'s White House NEPA Upheaval Sends Shockwaves

    The D.C. Circuit's recent decision declaring the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act shocked environmental attorneys and has the potential to ignite federal agency chaos, experts say.

  • November 15, 2024

    Evian Wins Ax Of False Ad Suit As NY Judge Reverses Self

    A New York federal judge tossed, for now, a putative class action alleging Danone Waters of America deceptively labeled its Evian water bottles as "carbon-neutral," reversing his earlier decision that the representation could be misleading and ruling Thursday that Danone's website provided further explanation of what the term meant.

  • November 15, 2024

    EPA Watchdog Flags Drinking Water Cybersecurity Risks

    The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.

  • November 15, 2024

    Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs

    A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.

  • November 15, 2024

    GAO Says EPA Must Act On Waste Sites' Climate Risks

    Nearly 70% of the nation's hazardous waste treatment, storage and disposal facilities are vulnerable to climate change impacts such as flooding, wildfires, storm surge and sea level rise, and the U.S. Environmental Protection Agency needs to be more proactive, a new federal report says.

  • November 15, 2024

    FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told

    The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.

  • November 15, 2024

    Wis. Agency Issues Permits To Reroute Enbridge Pipeline

    The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.

  • November 15, 2024

    FERC Can't Justify Pipeline Project Extension, DC Circ. Told

    The Federal Energy Regulatory Commission's ability to extend pipeline construction deadlines simply cannot be applied to a wholesale revision of a proposed southern spur of the Mountain Valley Pipeline, opponents of the project told the D.C. Circuit Thursday.

  • November 15, 2024

    Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court

    Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.

  • November 15, 2024

    Ga. Attys Named Co-Class Counsel In BioLab Fire Suit

    The judge overseeing a proposed class action filed against chemical manufacturer BioLab Inc. in the aftermath of an industrial fire at its Conyers, Georgia, plant gave four firms the green light to take the helm of the plaintiffs' case, clearing the way for the filing of a consolidated amended complaint.

  • November 15, 2024

    Oil Terminal Co. Offers $2M To End Falsified-Inspection Claims

    A Gulf Oil successor has offered to pay the state of Connecticut $2 million to settle accusations the company failed to secure new construction permits and spent years fabricating and falsifying inspection reports for existing bulk gasoline terminal tanks along New Haven Harbor in Long Island Sound, court filings show.

  • November 15, 2024

    HOA's Insurer Says Pool Chemical Injury Suits Aren't Covered

    A homeowners association's insurer told a Virginia federal court it needn't cover underlying lawsuits alleging a lifeguard employed by the association's contractor allowed hazardous chemicals to spread and hurt pool patrons, arguing that its commercial general liability policy excluded bodily injury as a result of pollutants.

  • November 15, 2024

    4 Oil Giants Invest $500M To Boost Global Energy Access

    Four oil and gas industry giants — BP, Equinor, Shell and TotalEnergies — announced a commitment Friday to invest a total of $500 million in support of a United Nations goal to ensure access to clean and affordable energy worldwide by 2030. 

  • November 15, 2024

    Taxation With Representation: Cravath, MoFo, Gibson Dunn

    In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.

  • November 15, 2024

    NC AG Wins Early Halt Of Alleged Helene Price-Gouging

    A North Carolina court granted state attorney general and incoming governor Josh Stein's request for a preliminary injunction against a businessman accused of price-gouging for tree removal services in the aftermath of Hurricane Helene and taking jobs he knew his businesses were not qualified to handle.

  • November 15, 2024

    Sterilization Co. Cosmed Hits Ch. 11 Amid Cancer Claims

    Sterilization company Cosmed Group Inc. filed for Chapter 11 protection in a Texas bankruptcy court Thursday with over $100 million in liabilities, much of it related to cancer claims over the gas that it uses for sterilization.

  • November 14, 2024

    Trump Picks ND Gov. To Lead Interior Dept.

    President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.

Expert Analysis

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • How The 2025 Tax Policy Debate Will Affect The Energy Sector

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    Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • The Complex Challenges Facing Sustainable Food Packaging

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    More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • New Law May Move Calif. Toward Fashion Sustainability

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    California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

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