Environmental

  • July 26, 2021

    Mall Developer's Asbestos Caused Cancer, Calif. Judge Told

    A widow's attorney told a California state judge during opening statements in a bench trial Monday that a shopping mall developer negligently exposed her husband to asbestos, which contributed to him developing colon cancer, but the company's counsel argued that her husband's cancer most likely resulted from an unhealthy lifestyle.

  • July 26, 2021

    9th Circ. Tells Court To Redo Lead Plaintiff In Nikola Stock Suit

    The Ninth Circuit has found that a district court skirted the lead plaintiff selection process under the Private Securities Litigation Reform Act in denying a bid by three petitioners to serve as group lead plaintiff in a consolidated shareholder suit against electric truck maker Nikola Corp.

  • July 26, 2021

    EPA Will Bolster Power Plant Water Pollution Rule

    The U.S. Environmental Protection Agency on Monday said it will review the Trump administration's rollback of part of an Obama-era rule that set the first federal limits on the levels of toxic metals in wastewater that can be discharged from power plants.

  • July 26, 2021

    Calif. Environmental Agency Loses Exide Ch. 11 Plan Appeal

    A California environmental regulatory agency lost its appeal of the Chapter 11 plan of battery recycler Exide Holdings Inc. on Monday when a Delaware federal judge said it would be a moot exercise to unwind the company's confirmed bankruptcy plan.

  • July 26, 2021

    Fire Cleanup Worker's Lung Injury Not Covered, Insurer Says

    Wesco Insurance Co. says in a California federal court lawsuit that a policy's pollution exclusion relieves it of any duty to cover a construction company named in a truck driver's action saying he developed lung disease after inhaling toxic fumes while cleaning up wildfire debris.

  • July 26, 2021

    Solar Tracking Biz Rips 'Illogical' $133M IP Suit

    A Texas solar tracking company founded by former SunEdison executives asked a New York federal judge to throw out most of the "illogical" claims lodged by an engineering consulting firm in a $133 million licensing lawsuit.

  • July 26, 2021

    King & Spalding Adds EPA, Haynes And Boone Vet In Austin

    King & Spalding LLP has brought aboard a former U.S. Environmental Protection Agency regional counsel with nearly three decades of experience in environmental law as a partner in its Austin, Texas, office from Haynes and Boone LLP, the firm announced Monday.

  • July 26, 2021

    Watchdog Says DOD Lagging On PFAS Study, Mitigation

    The U.S. Department of Defense has potentially exposed people and the environment to harm from so-called forever chemicals, despite having guidance and policies in place designed to manage pollution risks, according to a watchdog agency.

  • July 26, 2021

    DuPont, Others Must Face Claims In Indiana Superfund Row

    An Indiana federal judge on Monday trimmed some claims from a suit alleging that DuPont Co., Atlantic Richfield Co. and U.S. Smelter and Lead Refinery Inc. allowed contaminants like lead and arsenic to seep into groundwater and the air in an East Chicago neighborhood, but allowed the bulk of the claims to go forward.

  • July 26, 2021

    Texas Justices Asked To Weigh Fracking Fire Coverage Row

    Ironshore Specialty Insurance Co. wants the Texas Supreme Court to weigh in on its dispute with other insurers over a $24 million bill for a fracking well fire, saying a lower court erred by ordering a proportional allocation of coverage.

  • July 26, 2021

    Parks Group Says Atty Fees Deal Ends Dominion Permit Fight

    The National Parks Conservation Association told a D.C. federal court it reached a deal with the U.S. Army Corps of Engineers to recoup costs incurred successfully challenging a permit for an already completed Dominion Energy project, resolving its final claim in the dispute.

  • July 26, 2021

    Donziger Found Guilty Of Contempt By Judge

    Steven Donziger, a disbarred human rights lawyer accused of fraudulently obtaining a $9.5 billion pollution judgment against Chevron Corp. in Ecuador, was convicted of criminal contempt by a Manhattan federal judge Monday for disobeying court orders in the oil giant's civil case against him.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 23, 2021

    Angler Activists Want Hold On Salmon Fishing In Permit Suit

    Recreational anglers in Washington state have urged a federal judge to grant a temporary emergency order preventing Puget Sound fisheries from harvesting an endangered salmon species in a long-running dispute pitting nonnative fishermen against the Northwest Treaty Tribes.

  • July 23, 2021

    Senator Calls For Better Native American Infrastructure

    Sen. Lisa Murkowski of Alaska has urged Congress to address Native Americans' need for better water and sanitation infrastructure, calling out an Indian Health Service sanitation facilities construction backlog at a recent legislative hearing.

  • July 23, 2021

    FERC Told Secret Contract Doesn't Prove Need For Pipeline

    Two environmental groups told federal energy regulators they should reject a Tellurian Inc. unit's bid to construct 67 miles of pipeline in Louisiana because a confidential shipping contract with an unknown party isn't enough to show the project is in the public's best interest.

  • July 23, 2021

    GM Issues Second Recall Over Chevy Bolt Battery Fire Risk

    General Motors LLC on Friday announced a second recall of its 2017 to 2019 Chevrolet Bolt electric vehicles, saying it will replace batteries after identifying a pair of defects that are the "root cause" of reported battery fires in the vehicles.

  • July 23, 2021

    NJ Magnesium Maker Says Insurer Must Cover Explosion

    Reade Manufacturing Co. has asked a New Jersey federal judge to declare that Liberty Mutual Fire Insurance Co. must cover the magnesium maker in three underlying suits alleging that the company's negligence caused a deadly explosion in Idaho. 

  • July 23, 2021

    UK Watchdog Probing Electric Vehicle Charging Contracts

    The U.K.'s Competition and Markets Authority is investigating a group of electric vehicle charge point contracts that it believes may be stifling competition in that emerging sector.

  • July 23, 2021

    Product Liability Regs, Bills To Watch In The 2nd Half Of 2021

    Under the Biden administration, the U.S. Environmental Protection Agency is starting to take action on a group of chemicals known as "forever" chemicals found in a broad array of industry and consumer products. In addition, product liability attorneys will be watching whether legislation to remove cannabis from the Controlled Substances Act has legs.

  • July 23, 2021

    Ga. Developer Accused Of Polluting Wetlands, Lake

    A Georgia residential and commercial developer has been hit with a suit alleging it allowed contaminated water from a construction site to flow into culverts and drainpipes that polluted nearby wetlands and a lake in violation of the Clean Water Act.

  • July 23, 2021

    Mining Co. Says Lack Of Evidence Dooms Pollution Suit

    The operator of a gold mine told a Colorado federal court that environmentalists accusing it of polluting a river with aluminum, iron, and lead have no evidence to back up their claims, especially since two sources of the alleged pollution no longer exist.

  • July 23, 2021

    DOI Floats Plan For Decommissioning Pacific Oil Rigs

    The Biden administration is beginning the review process for decommissioning oil and gas platforms off the coast of Southern California, hoping to streamline expected removal applications for eight facilities in the near future.

  • July 23, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen HSBC and Danske Bank targeted with contract claims, a Lloyd's of London broker sued by a Hungarian insurer and Daimler facing more claims from car owners. Here, Law360 looks at those and other new claims filed in the U.K.

Expert Analysis

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Methane Rule Changes Add Complexity For Oil And Gas Cos.

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    President Joe Biden's recent move to reinstitute regulation of methane under the federal New Source Performance Standards, thus rolling back changes made by the prior administration, creates additional compliance challenges for oil and gas transportation and storage companies, say Whit Swift and Brittany Pemberton at Bracewell.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Justices' Biofuel Exemption Ruling Boosts Small Refineries

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    The U.S. Supreme Court's recent decision in HollyFrontier Cheyenne Refining v. Renewable Fuels Association, enabling the revival of lapsed exemptions from biofuel requirements under the Clean Air Act, gives small oil refineries added flexibility, says Scott Press at Goldberg Segalla.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • 5 Steps For Legal Teams To Mitigate Industrial Cyber Risk

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    While cyberattacks on critical infrastructure and other industrial systems present distinct legal risks from traditional enterprise cybersecurity, legal teams can draw upon familiar risk management practices to strengthen their industrial cybersecurity posture, say Stephen Lilley and Veronica Glick at Mayer Brown and Ben Miller at Dragos.

  • Nuclear Energy And Environmental Justice In The Biden Era

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    While President Joe Biden's greenhouse gas reduction goals create a major opportunity for the nuclear energy sector, the administration's environmental justice initiatives mean that the industry must be conscious of its impacts on the communities where it operates, say Benjamin Wilson and Hilary Jacobs at Beveridge & Diamond.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 3 Roadblocks Facing Electric Vehicle Adoption In US

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    While a flurry of auto manufacturers recently committed to all-electric fleets in the coming decades, widespread electric vehicle adoption in the U.S. faces critical challenges, and addressing these issues will require both political will and funding at the federal level — neither of which is guaranteed, says Kevin Chen at Foley Hoag.

  • What G-7 Xinjiang Focus Means For UK And US Companies

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    Attorneys at King & Spalding consider the shifting legal and political landscape, highlighted at last month's G-7 summit, around eradicating forced labor in China’s northwest Xinjiang region, and what U.K. and U.S. businesses with supply chain exposure should do to mitigate their legal, financial and reputational exposure.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Federal Loan, Grant Recipients Should Expect ESG Mandates

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    Organizations that receive certain grants, loans or contracts from the federal government should prepare for the possibility that the Biden administration may soon require them to conduct environmental, social and governance materiality assessments identifying nonfinancial risks, say attorneys at Faegre Drinker.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

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