Environmental

  • December 20, 2024

    The Biggest Climate Change Rulings Of 2024: Year In Review

    Federal courts delivered several rulings this year that are expected to significantly impact future climate change litigation and policy development, including Supreme Court decisions reshaping administrative law and D.C. Circuit findings on project development and automotive emissions controls. Here are the four biggest climate change decisions of 2024.

  • December 20, 2024

    Top Product Liability Cases Of 2024

    Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation. 

  • December 20, 2024

    DC Circ. Says Toxic Subtances Rule Threatens Trade Secrets

    A D.C. Circuit panel on Friday threw out a facet of new Toxic Substances Control Act regulations that the judges said could lead to the unwanted disclosure of chemical manufacturers' trade secrets.

  • December 20, 2024

    Camp Lejeune Toxic Water Litigants Cite EPA's Chemical Ban

    Veterans and family members who claim they were injured due to contaminated water at Camp Lejeune will use the Biden administration's final rule banning certain chemicals to prosecute their case over toxic water at the Marine base, according to a notice they filed in North Carolina federal court.

  • December 20, 2024

    Feds, Osage Nation Score Damages Win In Wind Farm Suit

    An Oklahoma federal judge has ended a decade of litigation involving the Osage Nation, the U.S. government and Enel Green Power North America, ordering the company to pay more than $300,000 in damages and attorney fees and to remove 84 wind turbines from the tribe's reservation.

  • December 20, 2024

    FTA Proposes Buy America Waiver For Electric Minibuses

    The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.

  • December 20, 2024

    EPA Releases Recommendations For PFAS In Bodies Of Water

    The U.S. Environmental Protection Agency on Thursday released draft recommendations for the amounts of per- and polyfluoroalkyl substances, or PFAS, for bodies of water that, when finalized, can be used by states and tribes.

  • December 20, 2024

    EPA Administrator Stepping Down At End Of December

    U.S. Environmental Protection Agency Administrator Michael Regan on Friday announced that he's stepping down at the end of December, after a nearly four-year term that was punctuated by high-profile climate, water and chemical regulations and ambitious environmental justice initiatives.

  • December 19, 2024

    Monsanto PCB Trial Groups Can Grow, Wash. Judge Says

    A Washington state judge laid out a plan on Wednesday to consolidate a series of alleged chemical poisoning cases pending against Monsanto in connection to an Evergreen State school, largely rejecting the company's arguments that it would be prejudiced if plaintiffs merged into larger trial groups.

  • December 19, 2024

    Texas Firm Beats Arnold & Itkin DQ Bid In Hurricane Zeta MDL

    A Texas state judge Thursday denied Arnold & Itkin LLP's bid to disqualify the law firm defending a drilling rig owner in litigation stemming from Hurricane Zeta, finding that Arnold & Itkin hasn't established that a defense lawyer who had worked for the firm was involved in anything substantially related to the current litigation.

  • December 19, 2024

    CFTC Urges 7th Circ. To Uphold $231M Crypto 'Ponzi' Penalty

    The U.S. Commodity Futures Trading Commission has urged the Seventh Circuit to uphold a $231.5 million judgment against a man they say ran a cryptocurrency Ponzi scheme, arguing it is "undisputed" that the agency has authority to regulate the trading of bitcoin and ether.

  • December 19, 2024

    Judge Says Some Paraquat Plaintiffs Being Left In Dark

    Amid a hearing targeting fall 2025 for a first bellwether trial over the alleged link between the pesticide paraquat and Parkinson's disease, an Illinois federal judge told plaintiffs' lawyers to keep in better touch with their clients after her chambers received calls from plaintiffs wondering what's happening with their cases.

  • December 19, 2024

    Groups Say CARB Fuel Program Will Spur Environmental Harms

    Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.

  • December 19, 2024

    US Co.'s Claim Over Canada Coal Phaseout Nixed

    Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.

  • December 19, 2024

    FERC Chair Plays Coy On Impact Of LNG Export Study

    Willie Phillips, chairman of the Federal Energy Regulatory Commission, wouldn't say on Thursday how the agency would incorporate a recently released federal study on the economic and environmental effects of liquefied natural gas exports into its reviews of proposed export terminals, and cited limits on FERC's authority.

  • December 19, 2024

    Mining Co. Wants Out Of Investor Suit Over Turkey Landslide

    Colorado-based SSR Mining Inc. has asked a federal judge to drop a shareholder lawsuit alleging the company understated the likelihood of a deadly February landslide at its Turkish mine, arguing that the company sufficiently warned the public of potential catastrophes and that its executives had no knowledge of deficiencies at the mine.

  • December 19, 2024

    $1.1B Diablo Canyon Award Challenge Meets Skeptical Judge

    A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.

  • December 19, 2024

    Feds Could Pay $1.1M To Settle WWII Refinery Waste Fight

    A Valero Energy Corp. unit is asking a Michigan federal judge to sign off on a deal that would have the U.S. government pay it $1.1 million for cleanup costs allegedly stemming from the government's wartime operations at a refinery in Houston.

  • December 19, 2024

    $1.2B Sought From Phillips 66 After $605M Trade Secrets Win

    A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.

  • December 19, 2024

    Graphite Cos. Seek Up To 920% Tariffs On Chinese Products

    A group of graphite producers is asking the federal government to impose tariffs as high as 920% on Chinese rivals to hamper that country's alleged tactics of producing and exporting natural and synthetic graphite at low, unfair prices.

  • December 19, 2024

    Michigan's Biggest Decisions Of 2024

    This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.

  • December 19, 2024

    Bain Capital Wants Out Of Bias Claims From Attorney

    Bain Capital has asked a New Jersey state court to toss discrimination claims brought by a former in-house attorney for a chemicals company it had acquired, alleging she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.

  • December 19, 2024

    Chemours, DuPont Say New Info Undermines Class Cert.

    The Chemours Co. FC LLC and EIDP Inc. are asking a North Carolina federal judge to decertify classes in a consolidated suit alleging that they knew about PFAS leaks into their water systems, saying information that's come to light since the certification disqualifies the named plaintiffs from representing the class and undermines the alleged common proof of their claims.

  • December 18, 2024

    Feds Get Judge's OK On $150M Lower Passaic Pollution Deal

    A New Jersey federal judge Wednesday signed off on the federal government's $150 million consent decree with 82 companies that share some responsibility for the Garden State's Lower Passaic River pollution, calling the agreement "an important next step" in holding the companies accountable and furthering cleanup efforts.

  • December 18, 2024

    Emissions Cheating Biz Gets Truck Tuning Co. CEO 10 Months

    The owner of a prominent Louisiana automotive tuning company will serve 10 months of a three-year probation term on house arrest in addition to paying a $1.55 million criminal fine after pleading guilty to selling illegal software that bypassed diesel trucks' emissions controls, the U.S. Department of Justice announced Wednesday.

Expert Analysis

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

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    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Navigating Antitrust Considerations In ESG Collaborations

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    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • What Chevron's End Means For How Congress Does Business

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    The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • The Rise Of State And Local Environmental Leadership

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    While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.

  • 5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy

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    Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

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    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

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