Environmental

  • February 28, 2024

    Judge Asks When Feds Will Consider Climate In Oil Leases

    A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.

  • February 28, 2024

    Judges Tell Mich. To Get Moving On Flint Engineering Suit

    Michigan federal and state judges on Wednesday told the state to speed up its professional malpractice case against an engineering firm accused of prolonging the Flint water crisis, saying Michigan can't worry about whether it would look bad to go ahead before residents resolve their federal claims.

  • February 28, 2024

    Energy Dept. To Give Tribes $25M For Clean Energy Tech

    The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.

  • February 28, 2024

    FDA Says No More Sales Of PFAS For US Food Packaging

    The U.S. Food and Drug Administration on Wednesday said that so-called forever chemicals are no longer being sold for use in grease-proofing food packaging, such as in take-out containers, in the U.S., ending a major source of exposure to a group of chemicals linked to health problems.

  • February 28, 2024

    Green Groups Back Mass. Lobstering Closure To Save Whales

    Conservation groups told a Massachusetts federal court that an offshore seasonal fishing closure is critical to stop gear entanglements threatening nearly extinct North Atlantic right whales, urging the court to reject the lobster industry's move to block the restrictions.

  • February 28, 2024

    AG James Accuses Meat Co. JBS Of Misleading Enviro Claims

    New York Attorney General Letitia James slapped JBS USA, the U.S. subsidiary of the world's largest producer of beef products, with a complaint in New York state court Wednesday, accusing the company of misleading the public about the environmental impact of its products.

  • February 28, 2024

    Green Groups Pan Colorado's Monitoring Deal With Suncor

    A group of environmental advocacy organizations told a Colorado state judge that state environmental regulators and Suncor Energy gave them too little time to review a settlement about enforcement of air quality monitoring regulations, but said they saw enough to spot some concerning flaws.

  • February 28, 2024

    Enviro Orgs Sue EPA Over Factory Farm Water Pollution Regs

    Green groups are pushing the Ninth Circuit to revive their petition asking the U.S. Environmental Protection Agency to craft new, stronger Clean Water Act regulations for the large animal feeding facilities they call "sewerless cities."

  • February 28, 2024

    Wash. Man Accused Of Killing, Selling Eagles To Plead Guilty

    One of two men accused of conspiring to kill federally protected bald eagles and golden eagles on tribal lands in northwest Montana to sell on the black market has entered a plea agreement, court records show.

  • February 28, 2024

    No More Coverage For Aluminum Co.'s $165M Fire Damage

    A South Carolina federal judge on Wednesday snuffed out an aluminum company's $165 million fire damage suit, ruling that its insurers had already paid up to their limits of $10 million for the molten material damage.

  • February 28, 2024

    Tribes Urge Biden To Break Silence On Pipeline Dispute

    Great Lakes tribes are pressing the White House to break its "deeply concerning" silence on a fight to remove an Enbridge Energy Corp. pipeline from tribal lands in northern Wisconsin, saying the U.S. government is sitting on the sidelines as Canada and the energy company try to gut their sovereignty.

  • February 28, 2024

    Utah, Okla.'s EPA Ozone Challenge Sent To DC Circ.

    The Tenth Circuit slingshotted seven consolidated challenges to the U.S. Environmental Protection Agency's decision disapproving Utah and Oklahoma's air quality plans to the D.C. Circuit, finding the Clean Air Act requires the disputes to fall under D.C. Circuit jurisdiction given the decision's national scope.

  • February 28, 2024

    Conn. State Worker Wants Atty Fees After Noose Trial Win

    A Black employee of Connecticut's state energy and environmental regulator is asking a federal judge to award more than $200,000 in attorney fees after he prevailed in a lawsuit alleging that he was racially tormented and exposed to nooses in a hostile work environment.

  • February 28, 2024

    Oil Co. Says It's Too Broke For Colo. Regulators' $130M Bond

    An oil and gas production company is asking a Colorado state judge to stay regulators' "exorbitant" order requiring it to pay $130 million in financial assurance on its obligation to plug and remediate oil and gas wells, arguing the company doesn't even have the cash for a $13 million installment due this month.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    Energy Cos. Urge Justices To Slam Brakes On Climate Suits

    Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.

  • February 27, 2024

    Energy Dept. Awards $45M For Tech That Stops Cyberattacks

    The U.S. Department of Energy said it is awarding $45 million to industry stakeholders and academic projects that look to reduce cybersecurity threats and help protect systems within the nation's power grid against cyberattacks.

  • February 27, 2024

    PacifiCorp Faces $50M Ask In Latest Wildfire Trial

    Nine Oregonians and a summer camp for the disabled went to trial Tuesday in state court against PacifiCorp, asking a Portland jury to award at least $50 million after a cluster of 2020 wildfires left them with "nowhere to go, but nowhere to return to."

  • February 27, 2024

    Del. Jury Urged To Award $142M Roundup Punitive Damages

    Attorneys for the family of a South Carolina man whose cancer death was allegedly linked to long working use of Monsanto Corp.'s Roundup herbicide asked a Delaware Superior Court jury Tuesday for $142 million in punitive damages for the company's purported disregard of the product's toxic risk.

  • February 27, 2024

    Defense Dept. Looks To Shake Firefighting Foam MDL Claims

    The U.S. Department of Defense on Monday asked a South Carolina federal judge to free it from claims in sprawling multidistrict litigation that its use of forever chemical-containing firefighting foam contaminated drinking water near its facilities.

  • February 27, 2024

    EPA Slaps Idaho Ranch With Clean Water Act Suit

    The U.S. Environmental Protection Agency accused an Idaho ranch Tuesday of mistreating the Bruneau River and nearby wetlands by illegally discharging fill materials into the waters, threatening fisheries and downstream communities, in violation of the Clean Water Act.

  • February 27, 2024

    Hogan Lovells Says It Was Barred From Labor Dispute Interviews

    A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations. 

  • February 27, 2024

    SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say

    Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.

  • February 27, 2024

    Passenger Rips United's Bid To Dump Sustainable Fuels Suit

    United Airlines can't hide behind federal statute to escape state fraud claims that it deceptively marketed its use of sustainable aviation fuels and its plans to be green and carbon-neutral, a customer suing the company told a Maryland federal judge Monday.

  • February 27, 2024

    'Delay' Adds $2.3M To Monsanto's $175M Roundup Judgment

    A Philadelphia judge on Tuesday added approximately $2.3 million in delay damages — a form of prejudgment interest — to a $175 million verdict against Bayer AG unit Monsanto in the case of a man who said using the weed killer Roundup caused him to develop cancer, also rejecting the company's request for a new trial.

Expert Analysis

  • Proposed Hydrogen Tax Credit Regs May Be Legally Flawed

    Author Photo

    While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

    Author Photo

    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

    Author Photo

    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • What Recent Setbacks In Court Mean For Enviro Justice

    Author Photo

    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • New Hydrogen Regulations Show The Need For IP Protections

    Author Photo

    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Series

    ESG Around The World: Gulf Cooperation Council

    Author Photo

    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

    Author Photo

    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Biz Groups Disagree On Ending Chevron Deference

    Author Photo

    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • A Look Ahead For The Electric Vehicle Charging Industry

    Author Photo

    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

    Author Photo

    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

    Author Photo

    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Legislative And Litigation Trends In Environmental Advertising

    Author Photo

    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • Considering The Logical Extremes Of Your Legal Argument

    Author Photo

    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

    Author Photo

    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

    Author Photo

    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!