Environmental

  • June 03, 2024

    PPG Blames Enviro Groups For Pa. Site Cleanup Delay

    PPG Industries told a Pennsylvania federal judge Monday that the company shouldn't be fined for delaying its cleanup of an industrial waste site outside Pittsburgh because it was ready to start work in the 1990s but was slowed by infeasible demands from state regulators and environmental groups.

  • June 03, 2024

    FERC Tells Justices Not To Review Rule Passed By Deadlock

    The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.

  • June 03, 2024

    States Say Biden Admin's LNG Export Pause Is Actually A Ban

    A coalition of Republican-led states is urging a Louisiana federal court not to toss its lawsuit challenging the Biden administration's pause on reviewing applications to export liquefied natural gas to countries without free trade agreements, saying the pause effectively amounts to a ban because no timeline is provided.

  • June 03, 2024

    3 Firms Rep As Waste Management Inks $7.2B Stericycle Buy

    Waste Management Inc. has agreed to buy medical waste company Stericycle at an enterprise value of about $7.2 billion, inclusive of approximately $1.4 billion of debt, the companies said in a statement Monday. 

  • June 03, 2024

    DC White Collar Atty Leaves Baker Botts To Launch Solo Firm

    After a career that has so far spanned government service, BigLaw and academia, Washington, D.C.-based white collar attorney Steve Solow is setting up his own shop.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Texas Justices Won't Take On City Insurance Coverage Fight

    The Texas Supreme Court on Friday declined to review a trial court's decision rejecting a municipal insurance risk pool's attempt to evade the city of Hidalgo's lawsuit seeking to recover millions of dollars for damage sustained in Hurricane Hanna in July 2020. 

  • May 31, 2024

    Monsanto PCB Plaintiffs Want $185M Wash. Win Restored

    A group of public school teachers is urging the Washington State Supreme Court to review a state appellate court decision overturning their $185 million win in a PCB tort against Monsanto, contending the ruling stifles plaintiffs' rights in cases stemming from the same school site and other product liability litigation.

  • May 31, 2024

    'Alkaline Water' Blamed For Liver Failures In Latest Trial

    Eight Las Vegas residents on Friday became the latest group to try claims against an "alkaline water" company whose manufacturing process, their lawyer told a jury, introduced a chemical that caused their livers to fail.

  • May 31, 2024

    States, Energy Organizations Urge Demise Of EPA Water Rule

    Conservative-leaning states and energy industry groups have asked a Louisiana federal judge to strike down the U.S. Environmental Protection Agency's rule broadening states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.

  • May 31, 2024

    State Climate Superfund Laws Will Face Fossil Fuel Fightback

    A first-of-its-kind law in Vermont will impose Superfund-like liability and cleanup tabs on fossil fuel companies for climate change-related damages, though legal experts predict the industry will fight such laws as fiercely as it's fought climate tort lawsuits brought by state and local governments.

  • May 31, 2024

    Utah Sues To Throttle Federal Glenn Canyon ATV Limits

    The state of Utah is arguing that federal officials can't enforce a 2021 ban on ATVs and other off-road vehicles in sections of the Glenn Canyon National Recreational Area, in a federal lawsuit claiming immunity from rules that grew out of a 2005 lawsuit brought by environmental groups.

  • May 31, 2024

    4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit

    The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.

  • May 31, 2024

    Animal Rehab Center Says Subpar Care Suit Must Be Tossed

    Noah's Ark Animal Rehabilitation Center and Sanctuary called on a Georgia federal judge to throw out an Ohio-based nonprofit's latest complaint alleging that the center failed to properly care for its wildlife, citing two substantially similar state court suits it previously filed and lost.

  • May 31, 2024

    Fuel Producers Should Apply ASAP For Tax Credit, IRS Says

    Fuel producers hoping to start claiming the clean fuel production credit as soon as January should register with the Internal Revenue Service by July 15, the agency said Friday, warning that registration applications made after that date are less likely to go through in time.

  • May 31, 2024

    In Rarity, 1 Party's Judges Gain 100% Control Of Circuit Bench

    At the First Circuit, the judges' robes are all black, but the judges are all blue. It's a new and unusual instance of one political party's judicial picks controlling each active seat on a federal appeals court, and the Democratic dominance could prove magnetic for ideologically charged litigation.

  • May 30, 2024

    Wash. Tribe Gets Partial Win Against Feds Over Wildfires

    A Court of Federal Claims judge partly denied Thursday the U.S. government's bid to toss claims by a tribe in Washington state over massive fires that destroyed forests on reservation land, saying a money-mandating source of law entitles the tribes to compensation.

  • May 30, 2024

    3 Things To Watch In SF's High Court Water Standards Case

    The U.S. Supreme Court has granted San Francisco's request that it review the U.S. Environmental Protection Agency's decision to incorporate narrative pollution standards in a Clean Water Act permit, throwing into question the use of a common permitting feature.

  • May 30, 2024

    Okla. Tribes Say Bills Won't Deter Poultry Biz From Polluting

    The Inter-Tribal Council of the Five Civilized Tribes says two bills working their way through the Oklahoma Legislature don't go far enough to deter the poultry industry from polluting and threaten to undo decades of progress toward improving water quality.

  • May 30, 2024

    USDA Should Redo $44M Software Order Again, GAO Says

    The Government Accountability Office publicly released a decision on Thursday in support of a company's protest of a $44.2 million Department of Agriculture task order for software support for conservation-related programs, concluding the order was not properly issued.

  • May 30, 2024

    Ill. Made 'Big Concession' In 3M PFAS Suit, 7th Circ. Judge Says

    A Seventh Circuit judge observed Thursday that the state of Illinois made a "big concession" in its suit accusing 3M of polluting local waters with toxic "forever chemicals" when the state said 3M could avoid liability if Illinois can't prove contamination came exclusively from a particular facility.

  • May 30, 2024

    Judge Finds US Owns Fla. Island In Long-Running Dispute

    A federal judge ruled that the government owns a vacant island off the harbor of Key West, Florida, in rejecting a developer's long-running claim to title, finding that the U.S. Navy has used the site as a buffer from forces such as hurricanes and private development.

  • May 30, 2024

    Tax Court Nixes $30M In Conservation Easement Deductions

    The U.S. Tax Court upheld on Thursday the IRS' rejection of more than $30 million in charitable contribution deductions for Alabama conservation easements for partnerships acting as test cases for a larger group that took $187 million in deductions.

  • May 30, 2024

    NY Truckers Sue To Block Congestion Pricing In Manhattan

    New York truckers have joined the fight to block congestion pricing from taking effect next month, alleging in a new Manhattan federal lawsuit Thursday that the first-of-its-kind fee for vehicles entering the Big Apple's busiest corridor unconstitutionally penalizes the trucking industry.

  • May 30, 2024

    Mich. Judge Refers Atty To Calif. Bar Over Flint PR Stunt

    A Michigan federal judge overseeing contaminated drinking water litigation in Flint, Michigan, referred a California attorney to that state's bar on Thursday after the lawyer refused to provide more details, or submit to the court's jurisdiction, over her involvement in an alleged smear campaign targeting a lawyer for Flint children.

Expert Analysis

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

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    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • Microplastics At The Crossroads Of Regulation And Litigation

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    Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Breaking Down EPA's Rule On PFAS In Drinking Water

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    Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

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