To help with your writing efforts, here’s what people are looking for in Environmental & Energy Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
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Legal trends involving pollution stemming from warehouse operations; how this issue is attracting attention from regulators or others on the state or federal level; what the logistics industry and affiliated businesses should know about potential environmental-related liability risks.
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Election Day’s potential implications for the environment, the energy industry, and related legislation, litigation, or enforcement actions. What are the stakes this year for key players, and how might the election results tilt the scales? Consider whether to focus on a particular political race, government agency, regulatory trend, or industry activity.
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A $7.5 million settlement that Walmart Inc. will pay to resolve allegations regarding its methods of disposing hazardous waste and medical waste; additional points in the settlement regarding an outside auditor; what this case illustrates regarding companies’ compliance obligations or liability risks pertaining to waste disposal; related trends involving federal or state enforcement actions (in the industry or region of your choice, or more broadly speaking).
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A record-setting $4.2 million settlement reached by the U.S. Environmental Protection Agency in a Clean Air Act case; factors contributing to the record-setting dollar amount of the settlement; what else to know about the refinery explosion and fire that led to EPA allegations against Philadelphia Energy Solutions Refining and Marketing and the resulting series of settlements; and perhaps a look at noteworthy EPA actions against other refineries or at Clean Air Act enforcement trends more broadly speaking.
Related information:
https://www.phillyvoice.com/philly-refinery-explosion-epa-settlement-record-clean-air-act
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California’s new move to ban single-use plastic grocery bags; how this ban compares to previous efforts by California to reduce the proliferation of plastic bags; how other states are handling this issue, either vis a vis the grocery industry specifically or more generally speaking; and perhaps a wider-angle look at the challenges jurisdictions face in trying to reduce plastic waste, and any innovations being tried by policymakers, industry, or inventors to reduce plastic waste or replace plastics with other materials.
Related information:
https://www.npr.org/2024/09/25/nx-s1-5123535/california-passes-new-plastic-bag-ban
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A recent ruling by the Hawaii Supreme Court in an insurance dispute involving climate change; basis for the ruling; what’s next for this dispute; any practical takeaways from this ruling for other policyholders; related insurance industry trends and rulings involving climate change, insurance coverage, and exclusions.
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A lawsuit filed against ExxonMobil by California’s attorney general and others over the recyclability of plastic products and the energy giant’s history of statements on that issue; key claims in the lawsuit; how unusual this lawsuit and its arguments may be; likely challenges ahead for either side in this legal battle; and perhaps a wider-angle look at the challenges that municipalities face in dealing with plastics in their recycling or landfill operations, and/or a look at any innovative technologies or systems being funded, proposed, or already implemented (in the jurisdiction of your choice) as part of an attempt to reduce plastic waste or its impact on the environment.
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Carbon credit-related guidelines approved this month by the U.S. Commodity Futures Trading Commission; main focus of the final CFTC guidance; key priorities or issues the guidance aims to address; and perhaps a related look at business, legal, or regulatory trends involving voluntary carbon credits.
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A lawsuit against Tyson Foods over the meat producer’s climate-related claims in its product marketing and otherwise; what to know about the environmental claims made by the company; basis for the lawsuit over the company’s statements; related trends involving greenwashing allegations against companies; best practices for other businesses in an era of increased attention to companies’ environmental record.
Related information:
https://www.cbsnews.com/news/tyson-foods-greenwashing-climate-change-jbs
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The status of California’s climate disclosure requirements; political wrangling over this groundbreaking legislation; the latest on approved or proposed amendments to the legislation; what the business community should be watching for from California legislators and Gov. Gavin Newsom.
Related information:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB219
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A recent climate change ruling by South Korea’s top court; significance of this ruling, both for South Korea itself and for Asia, more generally; what the ruling could mean for future government action regarding climate change; how the South Korea ruling compares to a recent European ruling about the Swiss government’s failure to do enough to combat climate change; how the human rights argument is becoming a key focus of climate change litigation.
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A $1.5 million penalty that Keurig has incurred in connection with its K-Cup single-use coffee pods; basis for charges by the U.S. Securities and Exchange Commission; what other businesses can learn from this case as it relates to their own environmental policies, practices, and statements.
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A proposed rule announced in July by the U.S. Environmental Protection Agency regarding solvent 1-bromopropane (1-BP); how widely used this product is, whether by businesses or consumers; reasons for the EPA’s proposal to ban most such uses; workplace safety issues related to use of this solvent, and what the proposed EPA rule could mean for employer obligations; what to know about the EPA’s rulemaking process and the Toxic Substances Control Act.
Related information:
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-1-bromopropane-1-bp
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Successor liability for environmental cleanup costs; state or federal regulations that businesses (in the industry or jurisdiction of your choice) need to be aware of; any recent or otherwise noteworthy court cases involving environmental cleanup costs; additional guidance on meeting compliance obligations, minimizing liability risks, and/or environmental issues to be aware of in connection with M&A activity.
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A recent announcement by the U.S. Environmental Protection Agency of $4.3 billion in funding that will be distributed under the Climate Pollution Reduction Grants program; range of initiatives being financed; how the initiatives will be overseen and their progress or long-term results assessed; what to know about the Climate Pollution Reduction Grants program, its origins, history, and focus; any future opportunities for additional rounds of funding; related eligibility and application pointers.
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A D.C. Circuit ruling in a manufacturer lawsuit that challenged an Environmental Protection Agency rule targeting chemical plants’ cancer-causing emissions; basis for the lawsuit; key points from the appeals court’s ruling; the ruling’s significance for the EPA’s authority and rule-making process, especially in a post-Chevron landscape.
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A more than $4 billion global settlement reached over last year’s deadly wildfires on Maui; what the settlement achieves; how money will be paid out and to whom; any unresolved questions regarding compensation, claims, the local utility, insurance, and more; and perhaps a look at related trends involving wildfire incidents, settlements, and guidance on prevention, damage mitigation, or recovery.
Related information:
https://www.cbsnews.com/news/maui-lahaina-wildfire-victims-reach-4-billion-dollar-settlement
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Trends involving sodium-ion batteries; noteworthy developments involving any of the following: research achievements, funding or tax incentives, or activities by startup companies; how sodium-ion batteries compare to lithium-ion batteries in terms of sourcing of materials, costs, safety, and more; forecast for sodium-ion battery adoption, and what it could mean for manufacturers, corporate clients, or consumers.
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A federal appeals court ruling over a U.S. Department of Labor rule involving 401(k) investments; why the 5th Circuit returned the case to the U.S. District Court for the Northern District of Texas; how recent U.S. Supreme Court rulings may have changed the legal landscape for the DOL in this case; what’s next for the Labor Department’s ESG-related rule.
Related information:
https://www.ca5.uscourts.gov/opinions/pub/23/23-11097-CV0.pdf
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The European Union’s Ecodesign for Sustainable Products Regulation (ESPR); key objectives of this regulation; its effective date; enforcement procedures and potential liability risks that companies should be aware of.
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How greenwashing issues are evolving in Canada; what to know about related amendments to Canada’s Competition Act; best practices or potential compliance risks for businesses amid this heightened attention to greenwashing; any noteworthy recent or anticipated guidance from regulators regarding the Competition Act’s greenwashing-related provisions.
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A $1 billion lawsuit that Puerto Rico filed against fossil fuel companies this week over climate change impacts; basis for the lawsuit; how the focus and framing of Puerto Rico’s claims compare to those in other climate-change lawsuits against the fossil fuel industry; whether other climate-change litigation provides clues as to how Puerto Rico’s lawsuit may fare.
Related information:
https://www.theverge.com/2024/7/16/24199686/puerto-rico-fossil-fuel-industry-lawsuit-climate-change
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Consumer lawsuits against Toyota over an alleged shortage of refueling options for their hydrogen-powered Mirai vehicles; how the hydrogen vehicle sector is performing overall these days; related challenges regarding refueling infrastructure; whether car dealerships could be facing liability over allegedly misrepresenting to car buyers the current or anticipated availability of refueling options; where car buyer responsibilities and due diligence practices fit into this scenario; prospects for improving conditions for hydrogen vehicles, manufacturers, and buyers.
Related information:
https://insideevs.com/news/708375/toyota-mirai-hydrogen-stations-close
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Greenwashing allegations being made against Lululemon over the apparel company’s marketing claims; what to know about the company’s marketing campaign and its environmental performance; related legal trends involving the fashion industry and its impacts on the environment; how companies (regardless of industry) can avoid becoming the targets of greenwashing litigation.
Related information:
https://finance.yahoo.com/news/lululemon-under-fire-greenwashing-claims-123745615.html
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A recent UK Supreme Court ruling involving oil wells’ downstream emissions; key points in the ruling; what the court’s decision could mean for current or future energy company operations, energy needs, or climate change litigation.
Related information:
https://www.supremecourt.uk/cases/uksc-2022-0064.html
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A June 27 ruling by the U.S. Supreme Court regarding the Environmental Protection Agency’s “good neighbor” rule; grounds for putting the rule on hold; challenges for the EPA, going forward, in defending the rule; how EPA goals and policy decisions are faring under the current Court.
Related information:
https://www.supremecourt.gov/opinions/23pdf/23a349new_h3ci.pdf
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A judge’s dismissal of Exxon Mobil’s lawsuit against activist group Arjuna Capital; related agreement in this case; what this case may illustrate regarding activist investor strategies and larger trends involving the fossil fuel sector; what other companies may be able to learn from this case about anticipating actions by, and interacting with, activist investors.
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A groundbreaking Vermont law that requires fossil fuel companies to help pay for damage caused by climate change; how the state would calculate damage costs and financial responsibilities under the new measure; likely legal arguments to be made against the Vermont law; whether other states have tried, or are considering, similar measures – and, if so, how they compare to the Vermont law.
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The U.S. Environmental Protection Agency’s Strategic Civil-Criminal Enforcement Policy; goals of this recently announced policy; potential impacts on the enforcement process, regulated industries, and compliance best practices.
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Regulators’ denial of a power company’s request to limit its liability in wildfire lawsuits; where regulators’ decision leaves PacifiCorp, its customers, and people affected by recent wildfires in Oregon; legal, regulatory, legislative, or business trends (either statewide, regionally, or nationally) involving utilities and wildfires; or, alternatively, practical guidance for property owners or others regarding wildfire prevention, related responsibilities, and liability risks.
Related information:
https://apnews.com/article/oregon-pacificorp-lawsuits-cf3708bb200173b53055a09dab2a8996