Environmental

April 15, 2024
Colo. Ski Resort's Snowmaking Suit More Than A Decade Late

A Colorado federal judge on Monday tossed a lawsuit over a ski resort's permit to make snow using a nearby watershed that is a habitat for an imperiled trout species, siding with the U.S. Forest Service in concluding the resort's owner and operator should've filed the claim more than a decade earlier.
April 15, 2024
Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.
April 15, 2024
EPA Says Legacy Asbestos Poses Unreasonable Risk

The U.S. Environmental Protection Agency released on Monday its long-awaited draft for the second part of its asbestos risk evaluation, which determined handling asbestos associated with legacy uses presents undue human health risks.
April 15, 2024
EPA Asks High Court To Preserve SF Water Pollution Regs

The U.S. Environmental Protection Agency on Friday asked the U.S. Supreme Court to preserve its water quality standards for San Francisco, which the city has challenged as vague, generic, and "virtually impossible" to comply with.
April 15, 2024
Solar Power Co. Accuses Ex-Insider Of Building, Selling Rival

Delaware-chartered solar energy venture Volt Energy Utility LLC has sued a former top officer in Chancery Court, alleging that while employed by Volt, she secretly launched a competing company, contacted Volt's lenders and customers and then sold the new business to a wholly owned subsidiary of Tokyo Gas Co. Ltd. for $216 million.
April 15, 2024
Green Groups Defend Suit To Expel Ga. Island's Wild Horses

Conservation groups told a Georgia federal court on Monday that Peach State officials are not shielded from their lawsuit to make state and federal authorities remove feral horses they say are threatening endangered wildlife on Cumberland Island.
April 15, 2024
Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.
April 15, 2024
Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.
April 15, 2024
Biden Approves Disaster Declarations For States, Tribe

The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.
April 15, 2024
Vermont's 3M PFAS Suit Remanded To State Court

A Vermont federal judge has sent the state's "forever chemicals" suit against 3M Co., E.I. Du Pont de Nemours and Co. and others back to state court, finding that 3M filed its notice of removal too late after learning that the claims concerned a facility that made products for the military.
April 15, 2024
NH Power Plant Co. Can Send Dual-Path Ch. 11 Plan To A Vote

The operator of a New Hampshire power plant fueled by scrap wood can seek creditors' approval of its Chapter 11 proposal, through which the debtor would either sell its assets or hand ownership of the reorganized business to lenders, a Delaware bankruptcy judge ruled Monday.
April 15, 2024
Food Supplier Sues Ga. City Over $1.5M Wastewater Penalties

The city of Dawsonville, Georgia, and seven city officials have been sued in Georgia federal court by a food supplier that alleges the city threatened to shut off water and sewage service to its poultry processing plant based on more than $1.5 million in "illegally assessed" wastewater discharge penalties.
April 15, 2024
4th Circ. Upholds W.Va.'s Win In Coal Mine Cleanup Suit

The Fourth Circuit on Monday affirmed a West Virginia federal court's order ending developers' allegations that the state's environmental regulators' reclamation efforts at an old coal mining site constituted illegal dumping, finding the lower court correctly concluded the efforts are exempt from regulations prohibiting open dumps.
April 15, 2024
Catching Up With Delaware's Chancery Court

Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.
April 15, 2024
Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.
April 15, 2024
EPA Won't Cut Stationary Combustion Turbines From CAA

The U.S. Environmental Protection Agency on Monday rejected a petition filed by energy industry groups looking to remove stationary combustion turbines from the list of sources subject to regulation for emissions of air toxics.
April 15, 2024
High Court Won't Hear California Tribal Casino Dispute

The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
April 12, 2024
US, EU Antitrust Officials Agree On Much, Not Sustainability

The leaders of the U.S. and European antitrust agencies said Friday their views are broadly aligned on many competition policy issues, though they also outlined opposing approaches to companies that want to collaborate on sustainability projects.
April 12, 2024
Chamber Defends SEC Climate Regs From Enviros' Challenge

The U.S. Chamber of Commerce wants to help defend the U.S. Securities and Exchange Commission against legal challenges environmental groups have brought over its climate disclosure regulations, even after the business group sued the regulator in March to have the rules nixed.
April 12, 2024
Tyco Reaches $750M PFAS Deal In Foam Co. MDL

Johnson Controls International PLC subsidiary Tyco Fire Products LP on Friday agreed to pay $750 million to settle public water systems' federal claims that some "forever chemicals" they detected in their supplies came from firefighting foam it made.
April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates

The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
April 12, 2024
Maine AG Sues Monsanto Over PCB Contamination

Maine Attorney General Aaron Frey sued Monsanto on Friday seeking to recover damages for the company's alleged contamination of the state's waterways with polychlorinated biphenyls, a dangerous chemical compound known to accumulate and persist in humans and the environment.
April 12, 2024
5th Circ. Won't Block Park Plan Over Religious Concerns

The Fifth Circuit has upheld a lower court's decision ordering the city of San Antonio to allow Native American church members access to a park under renovation for religious ceremonies but declined to enjoin the city's planned tree removal and bird deterrence program.
April 12, 2024
DOJ Must Cut Through Political Noise In US Steel Probe

The U.S. Department of Justice has its work cut out for it as it conducts a probe of Nippon Steel's planned $14.9 billion takeover of U.S. Steel, a potentially drawn out process that experts say will test the antitrust division's ability to remain objective in the face of immense pressure from President Biden, an influential union, and a concurrent CFIUS review.
April 12, 2024
Mediation Not Required In River Authority Price Hike Row

The Texas Supreme Court on Friday reversed a lower court decision that the San Jacinto River Authority was required to mediate claims with two Houston-area cities over unpaid amounts for groundwater services, writing that contract provisions for alternative dispute resolution "do not serve as limits" on a waiver of governmental immunity.

Expert Analysis

How 2023 Shaped Drug And Medical Device Legal Trends

2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
Opinion

What Insurers Gain When Litigating Coverage Denials

Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
After Headwinds, 2024 May See Offshore Wind Momentum

Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
5 Trends That Will Affect Food Litigation In 2024

In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
10 Issues To Watch As ESG Remains Alive And Well In 2024

Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
Top 10 Employer Resolutions For 2024

From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Analyzing 1 Year Of Comments On FTC's Green Guides

A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
The Key Laws Retailers Should Pay Attention To In 2024

2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
Opinion

Animal Rights Are About Saving Nature, And Our Own Future

The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.