Environmental

  • May 13, 2021

    DC Circ. Won't Stay Dakota Access Pipeline Permit Ruling

    The D.C. Circuit on Thursday refused to put on hold its ruling backing a lower court decision to wipe out an Army Corps of Engineers easement for the controversial Dakota Access pipeline as the pipeline's owners plan a U.S. Supreme Court appeal.

  • May 13, 2021

    4th Circ. Snuffs Suit Over Maryland Purple Line Water Permit

    The Fourth Circuit on Thursday rejected a suit from Maryland residents alleging the U.S. Army Corps of Engineers failed to vet project alternatives that would have been less damaging to local waterways when it issued a Clean Water Act permit for the Purple Line rail extension.

  • May 13, 2021

    Feds Say Court Can't Rescue Southern Coal From $3.2M Fine

    The federal government, Alabama, and Tennessee slammed Southern Coal Corp.'s attempt to avoid a $3.2 million penalty for failing to keep water quality permits up to date, arguing the company knew the consequences of not honoring commitments made in a prior deal.

  • May 13, 2021

    Senior Trump DOJ Enviro Litigator Lands At Winston & Strawn

    Winston & Strawn LLP said Thursday it has snagged a former acting assistant attorney general who took the lead on some of the Trump administration's highest profile environmental regulatory matters to join its Washington, D.C., office.

  • May 12, 2021

    Gibson Dunn Partner Questioned On 7-Figure Donziger Bills

    A Gibson Dunn partner with a lead role in pursuing financial information from Chevron foe Steven Donziger acknowledged during cross-examination Wednesday that the oil giant was willing to spend millions to pursue an $800,000 judgment and other relief against him.

  • May 12, 2021

    Pascua Yaqui Leads Tribes Seeking Trump-Era CWA Reversal

    The Pascua Yaqui Tribe and five other Native American tribes have urged an Arizona federal judge to vacate a Trump-era definition of the Clean Water Act without trial, saying that protecting fewer bodies of water runs contrary to the law's original intent.

  • May 12, 2021

    Judge Halts Crab Harvest In SC Wildlife Refuge

    A federal judge said Wednesday horseshoe crabs cannot be commercially harvested from a national wildlife refuge in South Carolina to benefit a pharmaceutical company, ruling in favor of an environmental group that argued the federal government improperly authorized the activity.

  • May 12, 2021

    PureCycle Allegedly Misled Investors Ahead Of SPAC Tie-Up

    A proposed class of investors is accusing Florida plastic recycling company PureCycle of misleading them about its technology and financial projections, as well as its access to raw materials, as it went public through a merger with a blank-check company earlier this year.

  • May 12, 2021

    House Committee Approves Tax Haven Disclosure Bill

    The House Financial Services Committee approved legislation Wednesday that would require multinationals to publicly disclose country-by-country financial reporting, which its proponents say would document corporate abuse of tax havens.

  • May 12, 2021

    Facing Setbacks, Mich. Mine Developer Will Revamp Plans

    A Canadian exploration company said it won't challenge a ruling denying it an essential permit for its proposed gold and zinc mine in Michigan's Upper Peninsula so that it can study the project, modify the plan to reduce its impact and submit a new application with the state.

  • May 12, 2021

    Green Groups OK'd To Join Biden's Wyo. Oil Lease Fight

    Conservation groups were given the go-ahead on Wednesday to defend the Biden administration's decision to halt new oil and gas leasing on federal lands, which the state of Wyoming and industry groups have called an overreach and harmful to the economy.

  • May 12, 2021

    BMW Germany Can't Duck Emissions Suit, But Bosch Can

    A New Jersey federal judge has kept alive claims against BMW's German parent company in a proposed class action alleging BMW collaborated with car parts maker Bosch to rig certain vehicles with emissions-cheating software but allowed Bosch's German parent company to escape the litigation.

  • May 12, 2021

    Watchdog Says EPA Issues Jeopardize Pollution Enforcement

    The U.S. Environmental Protection Agency continues to struggle with staffing and safety concerns that threaten the agency's ability to keep the nation's air and water clean by holding criminal polluters accountable, a new inspector general report released Wednesday said.

  • May 12, 2021

    Biden Pick For EPA Water Chief Sounds Collaborative Tone

    President Joe Biden's pick to lead the U.S. Environmental Protection Agency's water office on Wednesday promised lawmakers her goal is to create an "enduring" method of determining the Clean Water Act's jurisdiction.

  • May 11, 2021

    Hartford Wants Out From Ill. Toxic Emissions Suit Coverage

    Hartford Fire Insurance Co. is suing medical supplier Medline Industries in Illinois federal court, arguing that it doesn't need to defend a putative class action alleging the supplier released a toxic chemical into the air in two cities north of Chicago.

  • May 11, 2021

    Scholars, Religious Orgs Back Ore. Tribal Highway Challenge

    Several groups of American Indian and religious liberty law scholars and advocacy groups threw their support behind tribal members who are fighting a completed highway widening project in Oregon, lodging several amicus briefs urging the Ninth Circuit to revive the case, which was tossed earlier this year.

  • May 11, 2021

    Gibson Dunn Atty Rebuts Donziger Privacy Concerns At Trial

    A Gibson Dunn & Crutcher partner testified Tuesday in Chevron foe Steven Donziger's contempt trial that a court order mandating him to hand over his devices included privacy protections, despite Donziger's fears about delivering the entire body of his communications to the company.

  • May 11, 2021

    Judge Says Attys Can Get Fees In Vt. PFOA Settlement Fight

    A Vermont federal judge said attorneys for a class of plaintiffs suing over perfluorooctanoic acid, or PFOA, contamination should be paid the equivalent of a one-third contingency fee if Saint-Gobain Performance Plastics Corp. makes a direct settlement offer to property owners.

  • May 11, 2021

    Texas River Authority Gets Venue Win In Harvey Flooding Suit

    Four Montgomery County homeowners shouldn't have been joined to an ongoing lawsuit in Harris County with claims that the San Jacinto River Authority's actions during Hurricane Harvey caused flooding and property damage, a Texas appeals court ruled Tuesday. 

  • May 11, 2021

    Latham-Led Vegan Co. Oatly Launches Plans For $1.4B IPO

    Swedish plant-based food company Oatly Group AB on Tuesday set a price range on an initial public offering estimated to raise nearly $1.4 billion, represented by Latham & Watkins LLP and Weil Gotshal & Manges LLP.

  • May 11, 2021

    Activists Ask 9th Circ. For Enviro Review Of DHS Programs

    Conservation groups backed by an anti-immigration think tank asked the Ninth Circuit Tuesday to revive their claims that certain U.S. Department of Homeland Security immigration programs must undergo environmental review, arguing a review exemption leads to higher immigration numbers, which then drives ecological degradation.

  • May 11, 2021

    Sioux Tribes Urge DC Circ. Not To Stay Pipeline Permit Ruling

    Four Sioux tribes have urged the D.C. Circuit not to put on hold the court's ruling backing a lower court decision to wipe out a U.S. Army Corps of Engineers easement for the controversial Dakota Access pipeline, saying there would be little point to a stay since the federal government could still choose to shut down the pipeline.

  • May 11, 2021

    WTO Members Inch Closer To Fisheries Subsidies Deal

    The World Trade Organization is weighing a mechanism to provide flexibility for developing countries under a long-awaited agreement curbing illegal fisheries subsidies, according to draft text released Monday.

  • May 11, 2021

    Gibson Dunn, Davis Polk Steer Amazon's $18.5B Debt Sale

    Amazon said on Tuesday it sold bonds totaling $18.5 billion, joining droves of companies borrowing at robust clips this year with a massive debt offering that includes environmentally friendly notes, steered by Gibson Dunn and underwriters' counsel Davis Polk.

  • May 11, 2021

    26 More Flint Water Victims Object To $641M Settlement

    Twenty-six more members of the $641 million Flint, Michigan, water settlement class raised objections to the deal on Tuesday, slamming it for providing too much money to attorneys and not enough relief to the victims themselves.

Expert Analysis

  • COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

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    Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Current Pipelines And Regs Can Support Shift To Hydrogen

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    The repurposing of America's fossil fuel infrastructure for renewable hydrogen has begun, and existing pipelines, regulations and statutes can provide the regulatory certainty needed to support investment in hydrogen power systems, say William Bolgiano and Matthew Field at Venable.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Indoor Air Pollution Fix Will Require New Laws, New Tech

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    The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Biden Infrastructure Plan Will Be Challenging To Implement

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    President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Biden Admin.'s Climate Strategy Should Include Insurance Innovations

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    To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.

  • What NYC Climate Case Dismissal Means For Baltimore Suit

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    The Second Circuit's recent thumbs-down to New York City's climate change lawsuit puts even more pressure on the U.S. Supreme Court to address federal preemption in climate litigation when it decides BP v. Baltimore this year, says Scott Press at Goldberg Segalla.

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