Category Archives: litigation

EPA Sued to Set New Limits on Soot, Sulfur, Nitrogen Pollution

Plaintiffs appear to have a compelling case. According to the pleadings, EPA’s latest update and review of the welfare-based standards for sulfur oxides and nitrogen oxides was in June 2012; new standards were due in June 2017. The EPA last updated the particulate matter welfare-based standards in March 2013, so new updates to those standards were due in March 2018. Continue reading

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NLRB Sues Starbucks for Unfair Labor Practices

The lawsuit seeks immediate reinstatement of the three. Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek injunctions against employers and unions in federal district courts to stop unfair labor practices where, due to the passage of time, the normal Board processes are likely to be inadequate to effectively remedy the alleged violations. Continue reading

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Court Upholds EPA on Imports from Chinese Vehicle Makers

Moreover the District Court also affirmed the $1,601,150 civil penalty assessed by the Administrative Law Judge. The challenge was brought by Taotao USA, Inc, Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd. (plaintiffs). Continue reading

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EPA: Bans Asbestos – First Under Chemical Safety Act

The proposed rule would ban chrysotile asbestos, the only known form of asbestos that’s currently imported into the U.S., which is found in products such as asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets also imported into the U.S. Most consumer products that historically contained chrysotile asbestos have been discontinued. Continue reading

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EPA Fines Iowa, Missouri Sellers of Auto ‘Defeat Devices’

The U.S. Environmental Protection Agency said today it will collect civil penalties from two companies that allegedly sold illegal “defeat devices”  that are designed to make automobile emission controls inoperative, in violation of the federal Clean Air Act. Baillie Diesel … Continue reading

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PG&E and GM to Test EVs as Power Source when Grid Fails

EVs, of course, play a critical role in achieving California’s goals for reducing greenhouse gas emissions and already provide customers with many benefits. Bidirectional charging capabilities add even further value by improving electric resiliency and reliability. PG&E, of course, is beleaguered by civil and criminal lawsuits for its corporate actions and neglect that, among other things, ignited the deadly 2018 Camp Fire. In 2020, PG&E pled guilty to 84 felony counts of involuntary manslaughter, the largest homicide ever legally attributed to a United States corporation. Continue reading

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EPA, Louisiana Fine Firestone Polymers for Air Pollution

“This settlement requires Firestone to take concrete steps to reduce emissions of air pollutants from its manufacturing facility in Sulfur, Louisiana,” said Larry Starfield, Acting Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “This will result in cleaner air for communities in Southwest Louisiana, particularly for communities that have suffered a historically disproportionate burden from pollution.” Continue reading

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Immunomedics CFO Charged with Insider Trading

Herewith the, err, lowlights from the SEC legal action: while serving as CFO of Immunomedics, Usama Malik learned that the FDA had permitted the company to halt a clinical trial for a breast cancer drug because the existing trial data provided compelling evidence that the drug was effective. Malik – who was subject to a trading “black-out” that prohibited him and anyone living in his household from purchasing Immunomedics stock – immediately told Lauren S. Wood, with whom he lived at the time, as well as three family members. Wood and two of the family members then bought Immunomedics stock, as did an account in the name of the third family member’s spouse. Continue reading

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Don’t Aim Holiday Laser-Light Displays at the Sky

“If we become aware that your laser-light display affects pilots, we’ll ask you to adjust them or turn them off. If your laser-light display continues to affect pilots, despite our warnings, you could face a civil penalty,” said the FAA. The FAA works with federal, state, and local law enforcement agencies to pursue civil and criminal penalties against individuals who purposely aim a laser at an aircraft. It can impose civil penalties of up to $11,000 per violation. Civil penalties of up to $30,800 have been imposed by the FAA against individuals for multiple laser incidents. Continue reading

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China: Nippon Steel Sues Toyota over Steel Sheet Patent

The conflict arises from Baoshan Iron & Steel, based in Shanghai, China, and a subsidiary of state-owned China Baowu Steel Group. It is listed on the Shanghai Stock Exchange. Toyota uses Baoshan steel sheet. It comes at a time when the Biden Administration is wrestling with US trade policy with China. The former administration started a trade war that cost US jobs, damaged the agricultural sector, and was a disaster for the US auto industry in China, the world’s largest vehicle market. It is also involved in a dispute about whether proposed lavish EV buyer tax credits should apply to imported and non-union made electric vehicles. Continue reading

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Lyft Starts Driver Legal Defense Fund vs Abortion Vigilantes

In the latest, but by no means the last development supporting democracy in the face of mob rule, Lyft has created a Driver Legal Defense Fund to cover 100% of legal fees for drivers sued under SB8. Continue reading

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FAA Data Show Trends in Dangerous Aircraft Laser Strikes

“Pointing a laser at an aircraft can temporarily blind a pilot and not only affects the crew but endangers passengers and the communities they fly over every night,” said FAA Administrator Steve Dickson. Continue reading

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SEC Charges Nikola Founder Trevor Milton With Fraud

The SEC’s complaint, filed in U.S. District Court for the Southern District of New York, alleges that Milton founded Nikola in 2015 with the primary goal of manufacturing trucks that run on alternative fuels with low or zero emissions, and building an alternative fuel station infrastructure to support those vehicles. Milton allegedly helped Nikola raise more than $1 billion in private offerings and go public through a business combination conducted by a special purpose acquisition company (SPAC). Continue reading

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Three More Ford Recalls – 885,569 F-Series, Explorers, Aviators

The largest recall and the one with associated injury claims covers 2013-2017 Ford Explorer vehicles that may experience a seized cross-axis ball joint. Ford is issuing this safety recall for approximately 774,696 2013-2017 Ford Explorer vehicles that may experience a seized cross-axis ball joint that may cause a fractured rear suspension toe link. Affected vehicles may experience a clunk noise, unusual handling, or a misaligned rear wheel. Fracture of a rear toe link significantly diminishes steering control, increasing the risk of a crash. Continue reading

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The Growing Non-Exclusive Dieselgate Club – Fraud Charges Also in France for Renault on Diesel Emissions Levels

The investigation opened on 12 January 2017 on older generations of diesel vehicles, Renault s.a.s. was placed under examination on 8 June 2021 on the charge of deceit, aka fraud. Investigators accused Renault of “fraudulent strategies” used by top managers for more than 25 years to falsify the emission test results, including its longtime chief Carlos Ghosn. The EU Parliament adopted legislation last November that will allow US-style class action lawsuits against companies accused of wide-scale fraud. Continue reading

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