Environmental Torts Archives

Opioid Addiction Litigation 2026: The New Post-Mega-Settlements Normal, Why Tribal Claims Are Central, and a Federal Pullback on Treatment Programs
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Opioid Addiction Litigation 2026: The New Post-Mega-Settlements Normal, Why Tribal Claims Are Central, and a Federal Pullback on Treatment Programs

Opioid Addiction Litigation 2026: The New Post-Mega-Settlements Normal, Why Tribal Claims Are Central, and a Federal Pullback on Treatment Programs

February 7th, 2026|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Drug Laws, Healthcare, Pharma|

Opioid litigation has entered a new phase defined less by courtroom trials and more by long-term settlement governance, tribal sovereignty, and evolving bankruptcy law. National opioid settlements now fund abatement through strict reporting and multi-year payment schedules, while Tribal Nations administer parallel sovereign recovery systems. At the same time, the Supreme Court’s Harrington v. Purdue Pharma decision has reshaped how mass-tort bankruptcies resolve claims. Yet as litigation-driven funding stabilizes, federal support for addiction treatment and overdose prevention faces deep cuts and growing uncertainty. Together, these developments show opioid litigation moving into a complex era where courts, settlements, and public policy intersect.

HB Environmental Update | Tuesday, Feb. 3, 2026 | Climate Funding, Wind Power, Wild Horses, PFAS Regs, PFAS Settlement, and the Decades of Debate Over the Pollution Exclusion
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HB Environmental Update | Tuesday, Feb. 3, 2026 | Climate Funding, Wind Power, Wild Horses, PFAS Regs, PFAS Settlement, and the Decades of Debate Over the Pollution Exclusion

HB Environmental Update | Tuesday, Feb. 3, 2026 | Climate Funding, Wind Power, Wild Horses, PFAS Regs, PFAS Settlement, and the Decades of Debate Over the Pollution Exclusion

February 6th, 2026|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Climate Change, environmental law, Per- and Polyfluoroalkyl Substances (PFAS), Toxic Torts|

Environmental law is entering another period of rapid change, as courts step in to define the limits of agency authority, corporate responsibility, and insurance coverage. Federal climate funding disputes now turn on contract law rather than administrative review. International prosecutors are bringing environmental crime cases. U.S. courts are shaping the future of wind energy projects, forest management, and wild horse policy. At the same time, PFAS regulation and settlement oversight are intensifying, while state high courts weigh in on long-debated insurance exclusions tied to pollution. This week’s developments reflect a legal landscape where judges increasingly steer environmental policy.

Voting Rights Under Threat: A Legal Challenge | Organizations Say Expansion of Citizen Database Violates Privacy and Voting Rights
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Voting Rights Under Threat: A Legal Challenge | Organizations Say Expansion of Citizen Database Violates Privacy and Voting Rights

Voting Rights Under Threat: A Legal Challenge | Organizations Say Expansion of Citizen Database Violates Privacy and Voting Rights

January 23rd, 2026|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: election law, Privacy, surveillance|

The rapid advancement of AI technology continues to challenge courts, companies, and consumers. Read about recent developments that in-house counsel and litigators should be watching.

HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property
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HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property

HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property

December 14th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Artificial Intelligence (AI), Copyright Law, Employment Discrimination, Mental Health, Patent Law|

The rapid advancement of AI technology continues to challenge courts, companies, and consumers. Read about recent developments that in-house counsel and litigators should be watching.

HB Environmental Update Monday, Dec. 15, 2025 | Feds Step Back, States Step In, Courts Push Back, EPA Wavers
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HB Environmental Update Monday, Dec. 15, 2025 | Feds Step Back, States Step In, Courts Push Back, EPA Wavers

HB Environmental Update Monday, Dec. 15, 2025 | Feds Step Back, States Step In, Courts Push Back, EPA Wavers

December 13th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Climate Change, environmental law, Toxic Torts|

We’re in an age when deregulation hawks in just about every sector are getting what they’ve asked for. That includes environmental protection, something many of us have taken for granted, as we watch federal measures undergo a dramatic unwinding at a time when the scientific community agrees more should be done, not less, to safeguard the planet. Federal agencies are retreating from aggressive enforcement, states are asserting new authority, and courts—both state and federal—are emerging as decisive arbiters of climate and energy policy. The result is a patchwork of obligations and opportunities that lawyers, corporations, and communities must navigate with increasing urgency. This week’s developments underscore the trend.

Montana Court Awards $2.9 Million in Fees to Youth Climate Plaintiffs After Landmark Constitutional Win
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Montana Court Awards $2.9 Million in Fees to Youth Climate Plaintiffs After Landmark Constitutional Win

Montana Court Awards $2.9 Million in Fees to Youth Climate Plaintiffs After Landmark Constitutional Win

November 16th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: Climate Change, Constitutional Law, Emerging Litigation & Risk|

A Montana District Court has awarded nearly $3 million in fees and costs to youth plaintiffs after their landmark constitutional victory recognizing a right to a stable climate system. The ruling highlights the societal importance of the case, the inequity of resources between the parties, and the critical role of private enforcement in protecting environmental rights. Learn more in the full article.

Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility
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Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

August 8th, 2025|Categories: Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Climate Change, Emerging Litigation & Risk, International Law|

The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

Judge finds flaws in motion for an injunction against Trump’s wind turbine order
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Judge finds flaws in motion for an injunction against Trump’s wind turbine order

Judge finds flaws in motion for an injunction against Trump’s wind turbine order

July 29th, 2025|Categories: Environmental Torts, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: Emerging Litigation & Risk, Energy & Natural Resources, Litigation & appeals, Regulations|

While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

PFAS Litigation Deepens as 3M Reaches $450M Deal with New Jersey
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PFAS Litigation Deepens as 3M Reaches $450M Deal with New Jersey

PFAS Litigation Deepens as 3M Reaches $450M Deal with New Jersey

July 1st, 2025|Categories: Environmental Torts, Mass Torts|Tags: Insurance Companies, Per- and Polyfluoroalkyl Substances (PFAS), Pollution, Product Liability|

Guest contributor, Jennifer Holmes discusses the growing legal, regulatory, and financial fallout from PFAS—also known as “forever chemicals”—through the lens of 3M’s recent $450 million settlement with the state of New Jersey. In this wide-ranging piece, she explores how PFAS litigation is evolving beyond environmental cleanup to include product liability suits against major brands like Apple, insurance coverage battles over pollution exclusions, and the uncertain regulatory landscape shaping outcomes. As public pressure and legal scrutiny mount, Holmes offers a timely look at what businesses, insurers, and legal teams need to know about this rapidly expanding area of risk.

Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?
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Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

April 10th, 2025|Categories: Class Actions, Environmental Torts, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: False Claims Act (FCA), Per- and Polyfluoroalkyl Substances (PFAS), Product Liability|

Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab
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Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

March 27th, 2025|Categories: ELP, Environmental Torts, Mass Torts|Tags: Emerging Litigation & Risk, Insurance Claims Recovery, Liability Claims, Settlements, Toxic Torts, Wildfires|

In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Forever Chemicals: Insurance Recoveries for PFAS Liabilities
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Forever Chemicals: Insurance Recoveries for PFAS Liabilities

Forever Chemicals: Insurance Recoveries for PFAS Liabilities

March 26th, 2025|Categories: CLE OnDemand, Environmental Torts, Insurance, New Webinars|Tags: Insurance Claims Recovery, Per- and Polyfluoroalkyl Substances (PFAS), Risk Management, Settlements, Toxic Torts|

Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!