• February 09, 2024

    Flint Shouldn't Be 'Yardstick' In Water Cases, 6th Circ. Told

    Children accusing a small Michigan city of botching its response to lead contamination in drinking water told the Sixth Circuit on Thursday their case has been unfairly measured against the Flint water crisis.

  • February 09, 2024

    FERC Gets Full-Time Chair, But Another Exit Fuels Uncertainty

    President Joe Biden on Friday formally removed the "acting" designation from Federal Energy Regulatory Commission Chair Willie Phillips, the same day fellow Commissioner Allison Clements confirmed she won't seek another term, which could potentially leave FERC without enough members to fully function.

  • February 09, 2024

    Ore. Dam Can Be Reviewed In 5 Years, Judge Says

    An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    Bad Faith Claim Rejected Again In Hurricane Ida Coverage Suit

    A Louisiana federal judge again refused to find that the insurer of a suburban New Orleans commercial property acted in bad faith in denying to cover $220,000 in damage Hurricane Ida allegedly caused in 2021.

  • February 09, 2024

    Environmental Group Of The Year: Hunton

    Attorneys with Hunton Andrews Kurth LLP won a hard-fought contest over the future of a controversial West Virginia gas pipeline, got a Trump-era regulation reinstated at the Ninth Circuit and shepherded a major Florida mine through permitting, earning the firm a place among Law360's 2023 Environmental Groups of the Year.

  • February 08, 2024

    Manchin Says Biden Admin Mishandled LNG Pause

    Sen. Joe Manchin expressed his dismay at the Biden administration's late-January announcement to pause liquified natural gas export permit approvals, telling David Turk, the deputy secretary of energy, in a hearing on Thursday that the administration should have turned to the Senate for discussion before making the decision.

  • February 08, 2024

    Exxon Told Climate Proposal Suit Threatens Investor Rights

    The Interfaith Center on Corporate Responsibility is urging Exxon to abandon a lawsuit launched against two activist investors who tried to push for a shareholder vote on a climate proposal that has since been withdrawn.

  • February 08, 2024

    Wash. Judge Says Tribes Can't Seek Cultural Damages

    A Washington federal judge said the Confederated Tribes of the Colville Reservation can't seek millions of dollars of cultural resource damages over discharges from a Teck Resources Ltd. unit's smelter in Trail, British Columbia, holding that such damages can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 08, 2024

    $1B DuPont Deal Gets Final OK In Firefighting Foam MDL

    A South Carolina federal judge on Thursday granted final approval to a $1.18 billion settlement involving chemical companies DuPont, Chemours and Corteva over drinking water polluted by so-called forever chemicals, dismissing objections raised by three Washington cities and the North Texas Municipal Water District, among others.

  • February 08, 2024

    DuPont Spinoffs Can't Escape PFAS Suit In NC

    The North Carolina Business Court ruled Wednesday that spinoff companies of DuPont have to pay up if the legacy business is found liable for contaminating the environment with "forever chemicals" in a lawsuit brought by the state attorney general.

  • February 08, 2024

    NJ, Ft. Lee Mayor Fail To Merge NY Congestion Pricing Suits

    A federal judge on Thursday rejected a bid to consolidate two lawsuits — one filed by New Jersey, the other by the mayor of a Garden State town — seeking to halt New York City's congestion pricing toll plan, ruling that the suits make similar claims but seek different remedies.

  • February 08, 2024

    Pomerantz Beats 5 Other Firms To Lead SolarEdge Investor Suit

    A New York federal judge has appointed Pomerantz LLP to serve as lead counsel in a proposed shareholder class action claiming that SolarEdge Technologies Inc. failed to disclose information to investors about decreasing European sales, beating out five other firms that sought to lead the suit.

  • February 08, 2024

    Industry Stuck With $37M Bill To Fund EPA Chemicals Work

    Chemical companies will have to cover 25% of the U.S. Environmental Protection Agency's costs related to implementing 2016 amendments to the Toxic Substances Control Act — to the tune of $37 million — under a final rule announced Thursday.

  • February 08, 2024

    House Energy And Commerce Chair Says She'll Retire

    U.S. Rep. Cathy McMorris Rodgers, R-Wash., chair of the House Energy and Commerce Committee, which oversees several federal agencies including telecommunications, energy and environmental regulators, announced on Thursday she won't seek reelection.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    New Eagle Rule Aims To Expand Clean Power, Protect Birds

    Federal wildlife regulators on Thursday put out streamlined permitting for wind farms, power lines and other projects that unintentionally kill, injure and disturb bald and golden eagles, a move welcomed by clean power and conservation groups.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    Monsanto Fights $2.25B Verdict After Philly Roundup Trial

    Monsanto is fighting a Philadelphia jury's explosive $2.25 billion rebuke of its Roundup weedkiller in a cancer lawsuit, claiming that the judge overseeing the case made a strong string of unfair rulings such as allowing "inflammatory" testimony and "abusive" cross-examination.

  • February 08, 2024

    Fund Sells $3B In Oil Biz Shares Over Slow Climate Action

    One of the Netherlands' largest pension funds has sold all its shares in companies including BP, Shell and TotalEnergies for a total of roughly €2.8 billion ($3 billion), saying Thursday that the oil and gas giants have failed to move away from fossil fuels quickly enough.

  • February 08, 2024

    Mich. Judge Won't Restore $2.4M Bosch Defeat Device Deal

    Chevrolet Cruze drivers can't salvage a scrapped $2.4 million settlement with an auto parts manufacturer in litigation claiming cars they purchased were equipped with emissions-cheating software, a Michigan federal judge said Wednesday.

  • February 08, 2024

    EPA Says Backlogged Pesticide Program Getting Updates

    The U.S. Environmental Protection Agency said criticism of its ambitious plan to update an Endangered Species Act review program for pesticides has prompted it to revise maps that contained inaccurate information about species' habitat and make other changes.

  • February 08, 2024

    Environmental Group Of The Year: Baron & Budd

    Baron & Budd PC attorneys wrangled a $12.5 billion settlement with 3M over contamination of public water systems — the largest settlement of its kind in U.S. history — which, among other notable legal accomplishments, earned it a spot among Law360's 2023 Environmental Groups of the Year.

  • February 08, 2024

    Eversheds Partner Talks 1st Renewable Energy Super Bowl

    With the National Football League on the precipice of hosting the first 100% renewable energy-powered Super Bowl in history, Baird Fogel, partner and head of the global sports practice at Eversheds Sutherland — and the man behind the host stadium's energy deal — said this is just the beginning.

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

Expert Analysis

  • Antitrust And ESG: Maximizing Targets, Ensuring Compliance

    Author Photo

    Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • What One Litigator Learned Serving On A Jury

    Author Photo

    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Series

    ESG Around The World: South Africa

    Author Photo

    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    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

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    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

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    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

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    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

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    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

    Author Photo

    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.

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