Environmental

  • September 27, 2024

    GM, LG Get Go-Ahead On $150M EV Battery Settlement

    A Michigan federal judge has given preliminary approval to a $150 million settlement to resolve claims that General Motors LLC sold Chevrolet Bolt electric vehicles with faulty batteries made by LG units, finding the deal to be fair and reasonable in resolving the claims.

  • September 27, 2024

    EPA Will Review Wood Stove Emissions Rules To Settle Lawsuit

    The U.S. Environmental Protection Agency agreed to revisit its emissions standards for residential wood-burning stoves, resolving 10 states' D.C. federal court lawsuit accusing it of slacking on its obligation to do so.

  • September 27, 2024

    $36M Oil Cleanup Row Isn't A Case For Fed. Court, Judge Says

    An Oklahoma federal court tossed a pipeline owner's lawsuit seeking coverage from its excess insurers for an oil spill on tribal land that it said cost over $36 million to clean up, finding the court lacked the subject matter jurisdiction to hear the case.

  • September 27, 2024

    Arctic Seal Habitat Nixed By Alaska Federal Judge

    An Alaska federal judge vacated the National Marine Fisheries Service's designation of critical habitat for bearded seals and Arctic ringed seals.

  • September 27, 2024

    Houston Firm Gets Time In Zeta MDL To Fend Off DQ Bid

    A Texas state judge overseeing a multidistrict litigation created to handle claims stemming from Hurricane Zeta agreed Friday to give a Houston law firm more time to respond to a disqualification bid from plaintiff firm Arnold & Itkin, which says an ex-law clerk who now works for the defense improperly accessed relevant case files.

  • September 27, 2024

    FERC Can't Defend Backtrack On Grid Plan, DC Circ. Told

    The Federal Energy Regulatory Commission can't legally justify its about-face on a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint, the D.C. Circuit heard.

  • September 27, 2024

    EPA, Ohio Refinery Ink $169M Wastewater Cleanup Deal

    A Cenovus Energy unit has reached a $169 million deal to resolve the U.S. Environmental Protection Agency's complaint over pollution from a petroleum refinery in Lima, Ohio, the U.S. Department of Justice and the EPA announced Friday.

  • September 26, 2024

    Nestlé Customers Win Class Cert. In Child Labor Labeling Suit

    A California federal judge on Thursday granted class certification in litigation alleging Nestle USA misleads the public with "sustainably sourced" chocolate labels when its cocoa is produced through child labor and deforestation, rejecting the company's contention that classes can't be lumped together for different labels on different products.

  • September 26, 2024

    Donziger Unveils Plan To Launch Impact Litigation Fund

    Sitting before an intimate audience of environmental investors and business leaders, disbarred environmental lawyer Steven Donziger recounted his 30-year battle with Chevron Corp. and its predecessor Texaco Inc. in Manhattan on Thursday, before laying out his plan to launch an impact litigation fund.

  • September 26, 2024

    11th Circ. Affirms Convictions In Fla. Shark Rescue Case

    The Eleventh Circuit upheld felony theft convictions for two Florida tour boat divers who were prosecuted for freeing sharks they believed were illegally poached, but turned out to be part of a research project conducted with a permit granted by the National Oceanic and Atmospheric Administration.

  • September 26, 2024

    3rd Circ. Rules Commerce Fishery Councils Cannot Veto Regs

    Government-appointed advisory councils that have the power to veto decisions of federal cabinet-level officials run afoul of the U.S. Constitution, the Third Circuit said, stripping that veto power from "regional fishery management councils" that advise the U.S. secretary of commerce.

  • September 26, 2024

    Offended Texas Judge Formally Vacates Buoy Injunction

    A Texas federal judge who took umbrage at a state attorney's suggestion that he may ignore the Fifth Circuit's instruction to lift his injunction on the state's buoy barrier in the Rio Grande ceded to the appellate court on Thursday.

  • September 26, 2024

    Infighting Plagues SF Leaders With High Court Args Imminent

    San Francisco has forged ahead with its effort to convince the U.S. Supreme Court that a federal Clean Water Act permit is too vague for it to comply with, even as a dispute over whether to drop the case has broken out between city leaders.

  • September 26, 2024

    Causation Claim Came Early, BP Spill Workers Tell 11th Circ.

    Cleanup workers of BP's Deepwater Horizon spill who say they were sickened by exposure to crude oil urged the Eleventh Circuit Thursday to reverse a judgment in favor of the company, arguing a Florida judge jumped the gun in tossing expert testimony about the links between their work and the respiratory conditions the workers say they developed.

  • September 26, 2024

    EPA Cleared Of Allegations Of Mishandling Ohio Derailment

    An Ohio federal judge has dismissed allegations that the U.S. Environmental Protection Agency mishandled its response to the 2023 East Palestine train derailment, finding little evidence that government officials wrongly cleared air and water quality as safe enough for residents to return home.

  • September 26, 2024

    Conn. PFAS Water Pollution Suit Returned To State Court

    A Connecticut federal judge has sent back to state court a proposed class action accusing the Connecticut Water Co. of knowingly selling water contaminated with dangerous levels of PFAS and failing to take steps to remove the pollutants, saying the water supply system's arguments are "fatally flawed."

  • September 26, 2024

    Feds Split $71M Clean Energy Award Between 13 Tribes

    The Biden administration is investing $71 million to electrify homes in 13 tribal communities across Indian Country in an effort to close ongoing access to electricity gap problems with clean energy sources.

  • September 26, 2024

    6th Circ. Upholds Philips' Win In Glass Plant Pollution Suit

    The Sixth Circuit on Wednesday stood by a Kentucky federal jury's verdict clearing Philips Electronics of proposed class claims brought by Bluegrass State property owners over pollution, agreeing with the jurors and the lower court that the claims over the company's former glass plant were filed too late.

  • September 26, 2024

    VivoPower Keeps HQ In UK To Qualify For $21B Gov't Program

    Sustainable energy solutions company VivoPower International PLC and hydrogen technology business Future Automotive Solutions and Technologies on Thursday outlined additional terms to their proposed $1.13 billion merger, including settling the combined company's headquarters in the U.K. in order to qualify for potential "significant and attractive" government incentives.

  • September 26, 2024

    Ga. Judge Halts Election Over Sapelo Island Zoning Change

    A Georgia state judge pulled the plug on a special election Gullah Geechee residents of Sapelo Island initiated to try to overturn a McIntosh County zoning change that more than doubled the size of dwellings allowed in their Hogg Hummock community.

  • September 26, 2024

    11th Circ. Wary Of Ineffective-Counsel Claim In Salmonella Case

    Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 in 2008 and 2009 urged the Eleventh Circuit on Thursday to overturn a district court order refusing to vacate their prison sentences.

  • September 26, 2024

    Qualcomm Eyes Massive Buyout Of Intel, Plus Other Rumors

    Qualcomm has approached struggling rival Intel with a takeover offer, Chevron's $53 billion acquisition proposal for Hess is expected to win regulatory clearance, and private Equity Firm BC Partners wants to buy a minority stake in EuroLeague. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • September 26, 2024

    Texas Energy Co. Is Owed $8.1M Research Credit, Court Told

    An energy company that said it developed a method for recycling water produced by fracking is owed $8.1 million in tax credits for research related to developing new oil production methods in the U.S. and Canada, the company told a Texas federal district court.

  • September 25, 2024

    Arnold & Itkin DQ Bid Says Zeta Defense Atty Is Ex-Employee

    Arnold & Itkin has asked a Harris County judge to disqualify the law firm representing a drilling rig owner in litigation spurring from Hurricane Zeta, alleging a defense lawyer previously worked for Arnold & Itkin and improperly sent herself confidential information about the litigation before leaving the firm.

  • September 25, 2024

    Target Can't Escape Claims Over Deceptive 'Clean' Label

    A California federal judge on Wednesday said that Target Corp. still has to face class claims that its Target Clean range of beauty products actually contain chemicals that harm humans and the environment, saying the allegations are a bit "unique" and are not typical product liability claims.

Expert Analysis

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • How Cos. Should Handle Research Org.'s Carcinogen Evals

    Author Photo

    In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Environmental archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!