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National Law Journal

Democratic Attorneys General Back EPA's Power Plant Rule Against GOP Lawsuit

"The rule would meaningfully limit greenhouse gas emissions from some of the largest sources in the nation, thereby helping to address the significant harms our states, cities, and residents are facing from climate change," Democratic attorneys general wrote in their motion to intervene.
3 minute read

The Recorder

California Bill Would Amend Proposition 65

AB 3004 could go much further to reform Proposition 65, but its minor changes to it will still benefit businesses and likely help secure the bill's passage.
6 minute read

Daily Report Online

Lost on a Technicality?: Judges' Questions Skeptical of State Claims to 'Valuable' Coastal Marshland at Oral Argument

Wetland ownership has been a hot topic during the state's most recent legislative session, which saw a bill introduced that aimed "to make it easier for coastal landowners to claim ownership of parts of the state's salt marsh," according to a report by WABE, that noted while the bill's sponsors said it would improve conservation, some detractors argued, "what the bill really does is enable owners to sell mitigation credits—so that developers can destroy marsh elsewhere."
5 minute read

Law.com

Flint Judge Threatens Sanctions, Gag Order Over Defendant's Media Campaign

U.S. District Judge Judith Levy, in a Monday order, found that engineering firm Veolia North America's media campaign, which included misleading phone calls and a truck circling the courthouse amid a looming trial, threatened the "fair administration of justice."
7 minute read

The Legal Intelligencer

The Rule of Professional Conduct 1.1. and Climate Change

Just as a lawyer must have a basic understanding of many things that may affect a client's business or activities, the lawyer also has to have a basic understanding of how a changing climate will have changing effects on clients
8 minute read

New York Law Journal

California and Europe Require Scope 3 Climate Disclosures Despite SEC Retreat

On March 6, 2024, the SEC issued its final rule that notably eliminated Scope 3 disclosures by public companies—but companies that don't want to make these disclosures should not rejoice, as new requirements from both California and Europe do mandate this information and apply to most large companies operating in the United States.
11 minute read

New Jersey Law Journal

Are Climate-Change Lawsuits the Next Tobacco Litigation? Suits Spiking

One area of uncertainty is how courts will interpret whether a claim arising from the emission of greenhouse gasses constitutes an insurable claim.
7 minute read

The Legal Intelligencer

Faegre Drinker Adds Phila. Partners From Ballard Spahr, Manko Gold

Timothy Katsiff is a commercial litigator, while Thomas Duncan focuses on transactional work in the environmental sphere.
3 minute read

New Jersey Law Journal

Novel Law, Deep Pockets Create 'Element of Significant Uncertainty'

"Gov. Murphy wants to line the whole coast with these, which is shocking, considering the coastal economy is one of the [state's] major sources of revenue," said Bruce Afran, the Princeton attorney representing the plaintiffs.
4 minute read

National Law Journal

Judges Must Be Ready for Growing Trend of Climate-Related Litigation, Jurist Tells Colleagues

"We know these cases are coming, we know they're here and that more are coming," said Oregon Supreme Court Justice Rebecca A. Duncan. "What do we need to be aware of? How can we manage these cases? And one of the things that we can be aware of to help us prepare are the resources."
4 minute read

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