Corporate Environmental Lawyer
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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
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OSHRC Rules No General Duty Clause Hazard Or Feasible Abatement For Heat Exposure
In a 2-1 decision on February 28, 2019, the full Occupational Safety and Health Review Commission (“OSHRC”) vacated the U.S. Secretary of Labor’s Occupational Safety and Health Administration’s (“OSHA”) citation charging a roofing contractor with a “general duty clause” violation for exposing employees “to the hazard of excessive heat from working on a commercial roof… Continue reading
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BACT to the Future: Enviros Petition for Review on Natural Gas Power Plant Air Permit, Saying Batteries Are “BACT” Under the Clean Air Act
Last week, the Center for Biological Diversity and other environmental groups petitioned the Ninth Circuit for review of EPA Region 9’s decision in December 2018 to issue a final prevention of significant deterioration (PSD) permit for the Palmdale Energy Project (Project), a gas-fired plant being developed in the city of Palmdale, CA. These environmental groups… Continue reading
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OSHA Rescinds Electronic Submission of Injury/Illness Logs and Incident Reports and Raises Penalties
On January 25, 2019, the U.S. Occupational Safety and Health Administration (OSHA) issued a Final Rule eliminating the requirement that certain employers electronically submit to OSHA information from their annual OSHA 300 log of workplace injuries and illnesses and their OSHA 301 incident reports, which are required to be created after each logged injury and… Continue reading