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Environmental
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October 31, 2024
MVP: Baron & Budd's Scott Summy
Scott Summy, head of Baron & Budd PC's environmental litigation group, won what the firm says are the largest and second-largest drinking water contamination settlements in U.S. history — a $12.5 billion settlement with 3M and a $1.185 billion agreement with DuPont — as well as other major water settlements, earning him a spot among the 2024 Law360 Environmental MVPs.
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October 31, 2024
NC City Urges Panel To Rethink Stormwater Ruling
A North Carolina city has urged a state appeals court panel to rethink its decision reviving part of a condo association's suit over damage the city allegedly caused by dumping stormwater onto the group's properties after Hurricane Matthew, arguing that the majority's opinion relies on a factual error.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
IFC Projects Must Do More On Emissions, Report Says
An accountability arm of the International Finance Corp. is encouraging it to bolster its methods to identify and mitigate greenhouse gas emissions from financed projects, saying its current approaches are not fully up to date and limit its effectiveness in addressing global warming.
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October 31, 2024
Firms Fight Bid To Revive Malpractice Suit Over Liability Case
Two firms are asking the Delaware Supreme Court to affirm the dismissal of a malpractice suit filed by parents over damages sought for their child's "catastrophic injuries," allegedly caused by contamination from a chicken plant.
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October 30, 2024
'Vague' Witness Sinks Green Materials Co. Investor Suit
A California federal judge dismissed an investor suit Tuesday filed against a maker of sustainable materials alleging it failed to disclose a change in direction in its manufacturing plans and a delay in building a new plant, saying the suit relies heavily on statements of a confidential witness that are "fatally vague."
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October 30, 2024
Calif. Panel Axes $10.6M Abex Asbestos Verdict
A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.
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October 30, 2024
No Ruling On Zeta DQ Bid After Second Marathon Hearing
A Houston judge declined Wednesday to decide whether to disqualify Transocean's counsel from Hurricane Zeta litigation following the second hearing on a former Arnold & Itkin LLP law clerk-turned-defense-lawyer's work with the plaintiffs' firm, indicating she needed time to figure out when the parties reasonably should have learned of the potential conflict of interest.
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October 30, 2024
DOI Invests $46M In Klamath Basin Restoration
The U.S. Department of the Interior on Wednesday unveiled nearly $46 million in investments from the bipartisan infrastructure law for ecosystem restoration activities in the drought-prone Klamath River Basin of Southern Oregon and Northern California.
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October 30, 2024
Ax Green Groups' Suit Over 'Resiliency' Definition, FEMA Says
The Federal Emergency Management Agency asked a D.C. federal judge on Wednesday to throw out a lawsuit brought by environmental advocacy and consumer groups alleging the agency missed its deadline to define "resilient."
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October 30, 2024
Ariz. Tribe Will Get Back 3,200 Acres In US Land Exchange
The Yavapai-Apache Nation will receive 3,200 acres of its ancestral homelands in exchange for six parcels of land located within four national forests in Arizona as part of an agreement with the U.S. National Forest Service and Department of Agriculture that has been decades in the making.
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October 30, 2024
Brookfield Scoops UK Wind Farms Assets In $2.3B Deal
Brookfield has agreed to buy a minority stake in four of Danish multinational energy company Orsted's operational U.K. offshore wind farms in a deal valued at £1.745 billion ($2.27 billion), Orsted announced Wednesday.
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October 30, 2024
Landscape Workers Can Be 3 Classes In OT Suit
U.S. citizens and H-2B landscape workers who claimed that a company cheated them out of overtime pay can keep their collective status while also proceeding in three separate classes, a Kansas federal judge ruled.
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October 30, 2024
Maryland Says Electricity Greenwashing Law Is Constitutional
Renewable energy company Green Mountain Energy Co. and a national advocacy organization cannot block a Maryland law aimed at cracking down on electricity suppliers' "greenwashing" claims, Maryland Attorney General Anthony G. Brown argued in federal court.
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October 30, 2024
Holtec Wins $6.9M Over Gov't's Failure To Store Nuclear Fuel
Nuclear plant operator Holtec Palisades LLC has been granted $6.9 million in damages after a U.S. Court of Federal Claims judge found the federal government had breached an agreement to store spent nuclear fuel at the company's Michigan facility.
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October 30, 2024
Class Members Can't Change Opt-Out Rules In Chevy EV Deal
A Michigan federal judge won't grant a bid by individual class members to change the opt-out procedure in a $150 million settlement to resolve claims that General Motors sold Chevrolet Bolt electric vehicles with defective batteries, calling the motion an improper late objection to the settlement's preliminary approval.
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October 30, 2024
AI-Focused SPAC Joins Pipeline With $200M IPO Filing
Archimedes Tech SPAC Partners II Co., a special purpose acquisition company targeting the artificial intelligence industry, filed plans on Wednesday for an estimated $200 million initial public offering, while another SPAC, energy-transition focused Tavia Acquisition Corp., downsized plans.
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October 30, 2024
Green Groups Urge EPA To Address 'Big Ag' Nitrate Pollution
More than 20 environmental and community groups have called on the U.S. Environmental Protection Agency to use its emergency powers under the Safe Drinking Water Act to address industrial agriculture's nitrate contamination of drinking water in communities across the country.
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October 30, 2024
Gov't Contracts Of The Month: Uranium And Missile Detection
Over the past month, the Biden administration advanced plans to secure the nuclear energy supply chain with $3.5 billion worth of uranium enrichment contracts and added $1.8 billion to its next-generation missile detection program. Here are Law360's most note-worthy government contracts for October 2024.
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October 30, 2024
Hershey's Candy Wrappers Contain PFAS, Spooky Suit Says
A chocolate lover has sued The Hershey Co. in Pennsylvania federal court just days before Halloween alleging the packaging of its milk chocolate bars and Kisses, Reese's Peanut Butter Cups, Reece's Pieces and KitKat Bars contain dangerous "forever chemicals."
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October 30, 2024
Connecticut Water Users Amend Utility PFAS Class Action
A proposed class of Connecticut consumers filed an amended complaint for a suit alleging a water utility knowingly sold water containing unhealthy levels of "forever chemicals" without installing treatment equipment that could have prevented the contamination from reaching people.
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October 30, 2024
MVP: Napoli Shkolnik's Paul Napoli
Paul Napoli of Napoli Shkolnik LLP secured four massive settlements with 3M, Tyco Fire Products, DuPont de Nemours and BASF Corp. ranging from $316.5 million to $12.5 billion on behalf of public water systems impacted by "forever chemical" contamination, earning him a spot as one of the 2024 Law360 Environmental MVPs.
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October 30, 2024
Cleveland-Cliffs Gets Final Approval For $2.5B Stelco Deal
Ohio steelmaker Cleveland-Cliffs Inc. said Wednesday it has received the Canadian regulatory approvals needed to complete its planned $2.5 billion acquisition of Canada's Stelco Holdings Inc., slating the deal close for Friday.
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October 30, 2024
Judge Says Attys Asking For Too Much In Hess Wage Deal
A New York federal judge refused to sign off on a $36,000 deal that would resolve a former oil field worker's suit alleging Hess Corp. failed to pay him overtime, saying the worker's attorneys are requesting too large of a share.
Expert Analysis
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Tips For Implementing EU Sustainability Reporting Guidance
Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.