Try our Advanced Search for more refined results
Environmental
-
May 14, 2024
Wash. Biz Groups Say EPA Water Regs Impossible To Follow
Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."
-
May 14, 2024
Texas Think Tank Tells 5th Circ. It's Owed Climate Pledge Info
The Texas Public Policy Foundation told the Fifth Circuit that it should be allowed access to the names of federal officials involved in creating the Biden administration's climate pledge, arguing the federal government cannot rely on a disclosure exemption designed to protect personal privacy to withhold such information.
-
May 14, 2024
Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant
An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.
-
May 14, 2024
Ga. Appeals Court Weighs Validity Of 190-Year-Old Land Grant
A company seeking to "restore and conserve" approximately 1,000 acres of coastal marshland told Georgia Court of Appeals on Tuesday that the state is attempting to renege on a 190-year-old property grant and take back the land simply because it may soon be worth more than $100 million.
-
May 14, 2024
Tort Report: Mass Tort Settlements Beset By Crooked Claims
Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
-
May 14, 2024
Feds Dodge Salt Lake City's Suit Over $1B Gondola Plan
A Utah federal judge on Tuesday dismissed the federal government from a Salt Lake City lawsuit challenging federal approvals of a $1 billion plan to address traffic congestion by building the world's longest gondola.
-
May 14, 2024
States, Elec. Co-Op Seek To Block EPA Power Plant GHG Rule
A group of 25 red states and the National Rural Electric Cooperative Association asked the D.C. Circuit to block the U.S. Environmental Protection Agency from implementing its new power plant greenhouse gas emissions rule while they challenge its legality.
-
May 14, 2024
DC Circ. Upholds EPA's Renewable Fuel Standards
A divided D.C. Circuit panel upheld on Tuesday the U.S. Environmental Protection Agency's renewable fuel standards for 2020, 2021 and 2022, rejecting renewable fuel producers' claims the standards are too low, and petroleum refiners' contentions that they are too high.
-
May 14, 2024
Plant Gas Emissions Suit Tossed For Lack Of Injury Standing
A West Virginia federal judge has thrown out a proposed class action alleging a plant operated by Union Carbide Corp. and Covestro LLC emitted carcinogenic gas and increased the likelihood of cancer in nearby residents, finding the claim of injury too speculative to support the case.
-
May 14, 2024
Firms Escape Malpractice Suit Over Chicken Plant Pollution
Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.
-
May 14, 2024
Carbon Capture Co.'s $1.8B SPAC Deal Sparks Chancery Suit
Stockholders who lost big after a blank-check company took carbon-capture venture LanzaTech NZ Inc. public in a purportedly $1.8 billion reverse-merger in February 2023 have sued for damages in Delaware's Court of Chancery, alleging disclosure failures and other defects prior to closing.
-
May 14, 2024
9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute
The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.
-
May 14, 2024
Biden More Than Doubles Tariffs On Chinese EVs, Solar Cells
The U.S. will more than double tariffs on a range of Chinese goods, including electric vehicles and their batteries, steel, semiconductors and solar cells, in response to allegedly unfair trade practices and overproduction, the White House announced Monday.
-
May 13, 2024
16 States Sue To Block Calif.'s 'Clean Fleets' Rule For Trucks
Over a dozen U.S. states filed a constitutional challenge in California federal court Monday against a Golden State regulation requiring commercial truck operators to move to zero-emission electric-vehicle fleets, arguing it would disrupt the global supply chain, raise costs, and illegally enforce emission control standards, in violation of federal laws.
-
May 13, 2024
Hunting Groups Want In On Gray Wolf Protections' Lawsuit
Several hunting groups have asked a Montana federal court to let them intervene in a gray wolf protection lawsuit brought by environmentalists against the U.S. Department of the Interior, saying they should get involved because their interests aren't adequately represented by the government.
-
May 13, 2024
Enviro. Group Sues Feds To Stop Wash. Logging Project
The Alliance for the Wild Rockies sued the U.S. Forest Service in Washington federal court on Monday in an effort to upend the agency's final decisions to proceed with the Sxwuytn-Kaniksu Connections Trail Project for failing to take a "hard look" at the project's impacts.
-
May 13, 2024
Flint Judge Threatens Sanctions After Water Firm's PR Stunt
The Michigan federal judge overseeing Flint, Michigan, water crisis cases excoriated a water engineering firm and its PR agency for apparently running a smear campaign targeting a lawyer for Flint children, saying Monday she will sanction the firm if it doesn't turn over documents about the campaign by next week.
-
May 13, 2024
Utah, Oil Co. Can Enter BLM Oil Lease Challenge, Judge Says
Anschutz Exploration Corp. and Utah will get the chance to fight environmentalists' lawsuit challenging the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, a Utah federal judge has ruled.
-
May 13, 2024
Schumer Urges FTC To Block Hess-Chevron Deal, Jabs Trump
U.S. Senate Majority Leader Chuck Schumer said he was "sounding the alarm" against Chevron Corp.'s planned $53 billion acquisition of Hess Corp. in a post on social media platform X, urging the Federal Trade Commission to halt the deal while criticizing former President Donald Trump for a reported meeting with oil executives.
-
May 13, 2024
EPA Wrongly Approved New Chevron Chemicals, Group Says
A Mississippi community group has asked the D.C. Circuit to revoke the U.S. Environmental Protection Agency's authorization for Chevron Corp. to produce 18 new chemicals derived from plastic waste "despite their extreme health risks."
-
May 13, 2024
Texas Farming Couple Owe $1.9M, Tax Court Says
An oral surgeon and his wife who raised large deer and bass for hunting and ecotourism in Texas are on the hook for nearly $1.9 million in taxes, as a U.S. Tax Court decision issued Monday found that they weren't entitled to farming deductions.
-
May 13, 2024
Camp Lejeune Plaintiffs Can't Appeal Jury Trial Denial Order
The North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune military base on Monday denied the service members' attempt to appeal an order that struck down their bid for jury trials, saying that it's not an issue that warrants appeal.
-
May 13, 2024
FERC Powers Up Major Rewrite Of Grid Planning Policy
The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.
-
May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend
Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
-
May 13, 2024
High Court Won't Take Up Wyo. Wildfire Suit
The Supreme Court on Monday declined to review a suit by survivors of the 2018 Roosevelt wildfire in Wyoming against the U.S. Forest Service over the government's decisions in fighting the fires.
Expert Analysis
-
What's Extraordinary About Challenges To SEC Climate Rule
A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.
-
Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
-
Opinion
SEC Doesn't Have Legal Authority For Climate Disclosure Rule
Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.
-
What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
-
Opinion
SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
-
Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
-
How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
-
Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
-
Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
-
Why RWI Insurers Should Consider Excluding PFAS
As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.
-
Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
-
10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
-
Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
-
Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
-
Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.