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The Legal Intelligencer

Woke or Broke? Five Business Reasons Why ESG Will Survive the Culture Wars

What is at stake is how we address environmental factors like climate change and water and air pollution, social factors like diversity, equity and inclusion, and governance factors like hiring and lobbying in boardrooms and as a society.
13 minute read

The Legal Intelligencer

Attorney Fee Provision in Pa.'s Clean Streams Law May Run Afoul of 14th Amendment

This article argues that requiring a permittee to pay the attorney fees of a third-party challenger to a permit in the absence of bad faith on the part of the permittee would violate the Fourteenth Amendment of the U.S. Constitution.
9 minute read

Law.com

'It Truly Isn't Perfect': Questions Surface Over 3M's $12.5B PFAS Settlement

Three New York towns filed an objection this week to the 3M settlement, which resolves cases over perfluoralkyl and polyfluoralkyl substances, or PFAS, and attorneys general from 14 states, including New Jersey and Texas, plan to respond this Monday with their concerns.
5 minute read

The Legal Intelligencer

Evolving Litigation Risks in Green Investing, Green Marketing and ESG

As environmental, social and governance (ESG) considerations become more integrated into corporate culture and investing, litigation risks grow, from potential "greenwashing" claims to attempts by certain states to prevent employee retirement funds from using ESG considerations as a metric for investing.
8 minute read

New Jersey Law Journal

Not in This Town: Suit Claims NY Toll Would Cause Traffic Congestion in Jersey

"After refusing to conduct a full environmental review of the MTA's poorly designed tolling program, the FHWA has unlawfully fast-tracked the agency's attempt to line its own coffers at the expense of New Jersey families," Gov. Phil Murphy said.
5 minute read

National Law Journal

'Pushed Past Their Limits': As ESG Tensions Heat Up, Practitioners Are Burning Out, Survey Suggests

"Companies are saying they need to make sure their disclosures are backed up by data and can respond when the questions come," said Tara K. Giunta, co-chair of Paul Hastings' ESG Risk, Strategy and Compliance Group.
4 minute read

The Recorder

Surge in 'Citizen Suits' Target Alleged Industrial Polluters in Southern California

The suits, surfaced by Law.com Trend Detection, were filed by nonprofits Los Angeles Waterkeeper and San Diego Coastkeeper and included representation from environmental law firms Lozeau Drury and the Coast Law Group.
3 minute read

National Law Journal

Existing Securities Laws Insufficient for Crypto, Former SEC Commissioners Say

Ex-commissioners also voice reservations about the SEC's proposed climate-disclosure rule, saying it might exceed the agency's authority.
5 minute read

New Jersey Law Journal

Experts Expect $400M Accord to Spark More Aggressive Litigation Over 'Forever Chemicals' in Drinking Water

"[F]or the same reason that Jesse James robbed banks," Lathrop GPM partner William G. Beck said, "the contingent fee lawyers got their hands on the money with tobacco, and then they got their hands on the money with opioids—the same lawyers. I do think it means that we're going to see more and more [PFAS] litigation and it's going to be more and more aggressive."
7 minute read

National Law Journal

EPA Should Close Loopholes on Proposed Coal Ash Rule, Environmental Lawyers Tell Agency

"Having strong rules in place simply is not enough if those rules are not enforced," said Lauren Piette, an attorney at EarthJustice.
4 minute read

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