Environmental

  • February 26, 2024

    Feds Want PacifiCorp To Cover $1B Ore., Calif. Wildfire Costs

    PacifiCorp revealed in a U.S. Securities and Exchange Commission filing Monday that the U.S. Department of Justice is potentially looking to collect more than $1 billion from the company to cover costs related to 2020 wildfires in Oregon and California, even threatening to take one matter to court.

  • February 26, 2024

    Apache's $3B Write-Down Merits Bigger Class, Investors Say

    A group of Apache Corp. investors on the cusp of winning class certification are arguing that their promised class should be extended to encompass even more investors who were allegedly deceived by company promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust. 

  • February 26, 2024

    EPA Must Act On Failed Skagit River Temps Plan, Tribe Says

    The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.

  • February 26, 2024

    Nestle Fights Class Cert. In Child Labor Labeling Suit

    Nestle USA Inc. urged a California federal judge on Friday to reject a shopper's bid to certify multiple classes of Golden State consumers challenging the company's "sustainably sourced" chocolate labels, arguing that the proposed classes can't "lump together" nearly 60 different labels on different products.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Colo. Workers Say United Jumped Gun On OT Exemption

    Employees of a United Airlines subsidiary who cleaned aircraft in Colorado airports were denied time-and-a-half overtime pay when they voluntarily picked up colleagues' shifts, two workers have alleged in a proposed class action filed in Colorado federal court.

  • February 26, 2024

    SoCal Edison Will Pay 'Record' $80M To End Thomas Fire Suit

    Southern California Edison Co. has agreed to shell out $80 million to resolve a lawsuit in California federal court alleging the utility company caused the 2017 Thomas Fire that scorched large sections of the Los Padres National Forest, the U.S. Department of Justice announced on Monday.

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    Forest Service Flouts Law With Logging Approvals, Suit Says

    The U.S. Forest Service has failed to assess the impact of logging projects on carbon storage and emissions, while ramping up the volume of timber sold from national forests, two environmental groups told the U.S. District Court for the District of Columbia in a complaint filed on Monday.

  • February 26, 2024

    Hydroelectric Co. Asks For Pause On Puyallup Dam Order

    A hydroelectric company appealing to the Ninth Circuit is asking a Washington federal judge to stay an order that directed it to remove part of a temporary rock dam on the Puyallup River, saying the order would require it to make changes that are likely to damage its facility.

  • February 26, 2024

    Feds Urge Kentucky Court To Preserve Highway GHG Rule

    The U.S. Department of Transportation on Friday asked a Kentucky federal judge to toss Republican-led states' challenge to a rule that requires all states to set targets for reducing on-road carbon dioxide emissions.

  • February 26, 2024

    Banks Say Brazil Pollution Suit In NY Is In Wrong Country

    Four leading financial institutions are urging a New York federal judge to throw out a pair of proposed class suits accusing them of enabling environmental degradation in Brazil by lending $17.2 million to Brazilian mining company Vale SA, arguing the claims don't belong in the United States because they are "all about Brazil."

  • February 26, 2024

    Texas Nursing Home Must Face Suit Over Resident's Uri Death

    A Texas appellate court says the daughter of a woman who died of hypothermia during Winter Storm Uri can go ahead with a lawsuit against the nursing home where she died, affirming a lower court's decision that the daughter's expert witnesses were qualified to weigh in on the case.

  • February 26, 2024

    Railcar Cos. Want Out Of Pa. Schools' Derailment Suit

    A trio of railcar companies told a federal court that a group of Pennsylvania school districts can't rope them into litigation over the Norfolk Southern derailment in East Palestine, Ohio, arguing in briefs Friday that the schools didn't sufficiently link them to the harm allegedly suffered from the derailment and chemical spill.

  • February 26, 2024

    No Logic To Killing Power Pricing Order, Texas Justices Told

    Allowing the invalidation of a policy that lets Texas' grid operator set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021 would undermine similar policies previously enacted by state utility regulators, the Public Utility Commission of Texas told the state's high court.

  • February 26, 2024

    NJ, Solvay Push Back Against Town's Bid To Pause PFAS Deal

    New Jersey and the American arm of Belgian chemical company Solvay have slammed a Garden State town's bid to pause final approval of a $393 million settlement over "forever chemical" contamination, calling it disingenuous and arguing such a move would only delay the assistance the settlement would provide towns impacted by the pollution.

  • February 26, 2024

    BP, Chevron Lose 4th Circ. Fight Over Climate Suit Venue

    The Fourth Circuit on Monday rejected the latest attempt by BP, Chevron, ExxonMobil and other oil titans to go to federal court to litigate complaints that accuse them of lying about fossil fuels' climate effects, joining multiple courts in reasoning that the claims don't invoke federal law.

  • February 23, 2024

    Top NC Labor Brass Face Retooled 'Incentive' Policy Suit

    A corrosion control company has retooled its claims that North Carolina labor officials incentivized inspectors to issue workplace safety citations, highlighting in a revised complaint the harm caused by the citations after its 2021 lawsuit was tossed last month for failing to make a stronger connection to its alleged injuries.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage

    A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.

  • February 23, 2024

    Oil Biz Gave Wells To Shell Co. To Skip Cleanup, Suit Says

    Oil and gas company HRM Resources has been accused in Colorado state court by landowners of fraudulently transferring roughly 200 oil and gas wells to a shell company that soon turned around and declared bankruptcy in order to dodge cleanup obligations.

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 23, 2024

    NH Plant Strikes Deal On Power Purchase Contract

    A bankrupt New Hampshire power plant reached terms on a deal Friday with an entity whose contract to purchase the facility's power was rejected earlier this week, telling a Delaware federal judge the agreement will help quickly transition to a new purchaser and stave off a shutdown of the plant.

  • February 23, 2024

    Enviro Orgs. Target Sequoia Forest Restoration Projects

    Several conservation groups are asking a California federal judge to overturn U.S. Forest Service approvals for two post-fire forest restoration projects on parts of the Giant Sequoia National Monument and Sequoia National Forest, claiming they risk harming the sensitive landscapes and making matters worse.

  • February 23, 2024

    Groups Back Texas' Bid To Void Feds' Highway GHG Rule

    Construction trade groups have thrown their support behind the state of Texas' federal lawsuit seeking to vacate a new U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

Expert Analysis

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Aviation Back On Course, But Keep Seat Belts Fastened

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    While the airline industry finally returned to profitability last year for the first time since the onset of COVID-19, and is poised for historic levels of traffic in 2024, supply chain problems and economic and geopolitical uncertainty persist — so more turbulence may lie ahead, say Kevin Lewis and Bart Biggers at Sidley.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Harmonizing Agricultural And Clean Energy Goals

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    Congress' extension of the Farm Bill offers a chance to more thoroughly consider innovation and investments that could transform the competition between farmers and solar developers into synergistic agrivoltaic systems, which use land for both agriculture and solar energy generation, say attorneys at Husch Blackwell.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

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