Environmental

  • February 06, 2024

    Denka Says EPA's Air Pollution Enforcement Must Fail

    A Louisiana neoprene manufacturer urged a federal court Monday to toss the U.S. Environmental Protection Agency's lawsuit alleging some of the company's air emissions pose a health threat to the surrounding community.

  • February 06, 2024

    Legato Merger's Third SPAC Prices $175M Offering

    Legato Merger Corp. III, a special-purpose acquisition company targeting infrastructure and construction-related industries, was slated to begin trading Tuesday after raising $175 million in an initial public offering, represented by Graubard Miller and underwriters' counsel Loeb & Loeb LLP.

  • February 06, 2024

    Rust-Oleum Customers Get Class Cert. In Greenwashing Suit

    Rust-Oleum customers secured class certification in litigation accusing the company of greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly," shortly after a California federal magistrate judge denied the company's attempt to exit the false advertising case.

  • February 05, 2024

    Dechert's Los Angeles Managing Partner Jumps To Paul Weiss

    Dechert LLP's Los Angeles office managing partner, a prominent product liability litigator who's successfully defended the likes of 3M and Johnson & Johnson, has joined Paul Weiss Rifkind Wharton & Garrison LLP as a partner in its litigation department, Paul Weiss announced Monday.

  • February 05, 2024

    Water Brand's Recall Delay Merits Punitives, Jury Hears

    The Las Vegas "alkaline water" brand Real Water should pay punitive damages to five consumers whose livers failed, a jury heard in closing arguments Monday after being told the company waited months after a crescendo of complaints to issue a recall.

  • February 05, 2024

    Ga. Doctor's Roundup Fight Revived On Remand

    An Eleventh Circuit panel on Monday revived on remand from the full Eleventh Circuit a Georgia doctor's lawsuit alleging Monsanto failed to warn of Roundup's alleged cancer risks, clarifying that the doctor's state failure-to-warn claim is not expressly preempted by federal law and Monsanto hasn't shown implied preemption.

  • February 05, 2024

    2nd Circ. Revives General Motors' Trust Pollution Claims

    The Second Circuit on Monday revived a suit lodged by several entities General Motors created to keep cleaning up former industrial sites when the vehicle maker went into bankruptcy in 2009, saying a New York federal judge erred by concluding their contribution and cost recovery claims against several dozen other businesses are time-barred.

  • February 05, 2024

    Groups Urge 9th Circ. To Overturn Alaskan Willow Project

    The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.

  • February 05, 2024

    Fiat Chrysler Can't Arbitrate MDL Over Exploding Minivans

    Fiat Chrysler Automobiles can't arbitrate claims that its Pacifica plug-in hybrid vehicles have a defect that causes them to explode, after a Michigan federal judge said Monday that FCA "waited too long" and waived its right to arbitrate when it engaged in substantive litigation efforts, including filing a motion to dismiss.

  • February 05, 2024

    Gold Mine Contractor Can Ditch Navajo's Negligence Claims

    A contractor for the U.S. Environmental Protection Agency can ditch negligence claims brought by the Navajo Nation over its work on a gold mine that spewed 3 million gallons of contaminants in 2015, a New Mexico federal judge ruled on Monday.

  • February 05, 2024

    Feds Slam Intervention Bids In BLM Grazing Analysis Dispute

    The Bureau of Land Management and green groups have asked a D.C. federal court to reject efforts by Idaho, Utah and a coalition of agriculture industry groups to intervene in the environmentalists' lawsuit challenging grazing allotments.

  • February 05, 2024

    Monsanto Pushes Back On Roundup Claims Before Del. Jury

    A lawyer for Monsanto Corp. told a Delaware jury on Monday that attorneys seeking regular and punitive damages based on alleged ties between Roundup exposure and a South Carolina man's fatal cancer want jurors to believe "everybody got it wrong" in finding the product safe.

  • February 05, 2024

    Fla. Wants To Keep Clean Water Act Permit Review Powers

    Florida officials have told a D.C. federal judge that there would be substantial consequences if he pulls the state's authority to run a federal Clean Water Act permit program that has received thousands of project applications that are reviewed by more than 300 trained employees.

  • February 05, 2024

    Mich. Top Court Reviews PFAS Drinking Water Rules

    The Michigan Supreme Court has agreed to review a decision invalidating regulations on so-called forever chemicals in drinking water because of a missing cost analysis, saying Friday that it would hold oral arguments on the state's appeal.

  • February 05, 2024

    FERC Says It Followed Court's Orders With LNG Reapproval

    The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.

  • February 05, 2024

    Norfolk Southern Slams Investors' Fraud Suit Over Derailment

    Norfolk Southern has asked a New York federal court to dump proposed class allegations that it misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to last year's fiery derailment in East Palestine, Ohio.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

  • February 05, 2024

    States, Enviro Groups Expand Suits Over USPS' New Vehicles

    Environmentalists and a coalition of states broadened their California federal court challenges to the U.S. Postal Service's decision to replace its aging delivery fleet with "gas-guzzling vehicles" powered by internal combustion engines, saying it failed to consider lower-emission alternatives.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 05, 2024

    BCLP Sees 2nd Group Depart As 7 Head To Arnold & Porter

    A group of seven lawyers, including six partners, has departed Bryan Cave Leighton Paisner LLP and joined Arnold & Porter Kaye Scholer LLP, according to a Monday announcement that comes on the heels of a three-partner group leaving BCLP at the end of January, which included the firm's global banking sector leader.

  • February 02, 2024

    Tesla To Pay $1.5M To Settle Calif. Hazardous Waste Suit

    Tesla Inc. quickly agreed to pay $1.5 million to put to rest a lawsuit brought by 25 California district attorneys claiming the electric carmaker has long mishandled the storage and disposal of hazardous waste throughout the Golden State, according to the district attorneys.

  • February 02, 2024

    Monsanto Can't Wash Away Seattle's PCB Water Pollution Suit

    A Washington federal judge on Friday denied Monsanto's summary judgment bid in Seattle's complaint over polychlorinated biphenyl pollution in its waterways, ruling there are still significant factual disputes in play, including whether and to what extent PCBs traceable to Monsanto comprise the amount found in the city's water.

  • February 02, 2024

    FirstEnergy Rips Investor Clarification Bid Amid Cert. Appeal

    FirstEnergy Corp. told an Ohio federal judge that investors are making an "extraordinary" and "unprecedented" bid for clarification on a class certification ruling in their suit over the company's role in a high-profile bribery scandal, saying such a clarification in the middle of an ongoing appeal would require an unnecessary, additional round of briefing.

  • February 02, 2024

    Harvard Prof. Slams Study Showing IQ Gains From Fluoride

    A Harvard epidemiologist testifying Friday in a high-stakes bench trial over fluoridated water's risks criticized a study cited by the government that found fluoride exposure increases IQ by 24 points, saying the results "don't make sense," are "beyond the imagination" and must be based on erroneous data.

  • February 02, 2024

    Conn. Agency Worker Deleted Bias Evidence, Jury Told

    Connecticut's environment and energy regulator told a federal jury Friday that a Black inspector who accused the agency of failing to remedy years of racial workplace hostility gave contradictory statements and deleted a photo that purported to document a noose tied near his desk.

Expert Analysis

  • ESG Investing Caught In Culture War Crosshairs In 2023

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    As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Inside CFTC's Latest Push To Regulate Carbon Markets

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    The Commodity Futures Trading Commission's newly proposed guidance for voluntary carbon credit derivative contracts is among several recent moves it has taken to address climate-related financial risk, and although the guidance is less robust than it could be, it should foster discussion toward a regulatory framework for this market, say attorneys at Morgan Lewis.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Energy Sector Takeaways From Biden's AI Executive Order

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    While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

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