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Available Company Defenses to Climate Change Shareholder Activism: Trends in Climate Change Litigation, Part 5
As noted in Jenner & Block’s prior blog post, Shareholder Activism: Trends in Climate Change Litigation, Part 4, an emerging issue for public companies in high greenhouse gas (“GHG”) emitting industries is increased pressure from environmentally focused “activist shareholders.” These shareholders often seek to leverage their ownership shares to influence companies into taking action to… Continue reading
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How Low Will The Regulators Go: California Sets New PFOA/PFOS Drinking Water Notification Guidelines
On August 23, 2019, California’s State Water Resources Control Board (Water Board) announced updated guidelines for local water agencies for perfluorooactanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Continue reading
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California Clarifies Proposition 65 Safe Harbor Warning for Rental Cars
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently adopted amendments to California’s Proposition 65 regulations regarding appropriate warnings for rental vehicles. Continue reading
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Shareholder Activism: Trends in Climate Change Litigation, Part 4
In the fourth installment of the Corporate Environmental Lawyer’s discussion of emerging trends in Climate Change Litigation, we are highlighting the growing trend of Climate Change Shareholder Activism. While not active litigation, pressure from activist shareholders who wish to influence the environmental policy of public companies is another powerful force in the climate change litigation arena.… Continue reading
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Climate Change Lawsuits Brought by Coastal Municipalities and States Against the Fossil Fuel Industry: Trends in Climate Change Litigation, Part 3
In the third installment of Jenner & Block’s Corporate Environmental Lawyer’s discussion of emerging trends in Climate Change Litigation, we are discussing a quickly proliferating form of litigation—lawsuits filed by U.S. states and municipalities against companies that operate in industry sectors which have historically had high levels of greenhouse gas emissions. Continue reading
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Trends in Climate Change Litigation: Part 2—Investigations & Litigation by State Attorneys General
In the second installation of Jenner & Block’s Corporate Environmental Lawyer’s discussion of emerging trends in Climate Change Litigation, we are highlighting recent investigations brought by US state attorneys general against private companies for allegedly misleading the public and/or company shareholders regarding the potential climate impacts of their operations. Continue reading
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Jenner & Block’s Insurance Coverage for Environmental Claims Webinar
On Tuesday, April 16th, from 12:00 – 1:00 pm CST, Jenner & Block is hosting an interactive webinar that will discuss how environmental claims can arise in many different contexts and how high costs can be avoided. Continue reading
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New Jersey Puts PFAS Manufacturers in the Cross-Hairs
New Jersey continues to adopt an aggressive posture with respect to per- and polyfluoralkyl (PFAS) contamination. On March 25, 2019, the New Jersey Department of Environmental Protection (NJDEP) issued a “Statewide PFAS Directive Information Request and Notice to Insurers” to five major chemical companies notifying those companies that NJDEP believed them to be responsible for… Continue reading
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Trends in Climate Change Litigation: Part 1
By Matthew G. Lawson The term “climate change litigation” has become a shorthand for a wide range of different legal proceedings associated with addressing the environmental impacts of climate change. Plaintiffs in climate change lawsuits may include individuals, non-governmental organizations, private companies, state or local level governments, and even company shareholders who, through various legal… Continue reading
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EPA Can’t Dodge Gold King Mine Liability
U.S. EPA continues to be on the hook for damages associated with the Gold King Mine located in San Juan County, Colorado. The federal district court in New Mexico rejected U.S. EPA’s claim that it was protected from CERCLA liability on sovereign immunity grounds and found that plaintiffs’ allegations, if proven, would demonstrate U.S. EPA’s… Continue reading