West
Firm behind climate lawsuits faces DOJ referral after court finds ‘misconduct bordering on criminal’
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A federal judge’s extraordinary decision to refer Hagens Berman to the Department of Justice for possible unlawful conduct escalated to an appeals court this week, marking one of the toughest challenges yet for a high-profile law firm known, in part, for its aggressive climate litigation.
The referral came as part of a lawsuit that Hagens Berman brought related to a separate topic, alleged drug-related injuries, and involved Judge Paul Diamond taking the rare step of asking the DOJ to review whether Hagens Berman acted unlawfully.
Diamond noted in an order on Dec. 2 that a court-appointed lawyer, known as a special master, found Hagens Berman engaged in a yearslong effort to bring “fraudulent” complaints in the case in the Eastern District of Pennsylvania. Hagens Berman also obstructed discovery and “doctored evidence,” the special master found. The order noted that the firm’s apparent “misconduct bordering on criminal” warranted the DOJ’s involvement.
TOP ENERGY GROUP CALLS FOR PROBE INTO SECRETIVE ‘NATIONAL LAWFARE CAMPAIGN’ TO INFLUENCE JUDGES ON CLIMATE
The Department of Justice headquarters on Feb. 19, 2020, in Washington, D.C. (Drew Angerer)
Hagens Berman has aggressively pushed back on the allegations and turned to the U.S. Court of Appeals for the 3rd Circuit for relief. The firm accused the judge of bias, noting it had recently sought Diamond’s recusal from the case and claiming the judge could be retaliating.
“To rebut the charge in the court below would risk fomenting even greater ire of the district judge—ire that would be calamitous for petitioners’ clients,” Hagens Berman lawyers wrote. “To remain silent is to permit a baseless accusation leveled by an Article III judge no less, to hang like a dark, ignominious cloud over petitioners’ professional reputation.”
The clash comes as Hagens Berman continues positioning itself as a go-to firm for high-risk litigation, including environmental cases, even as its track record in that arena shows mixed results.
Last month, the firm filed a class-action lawsuit on behalf of Washington state homeowners against ExxonMobil, Shell, Chevron and other fossil fuel companies. The suit alleges the companies sparked a rise in natural disasters that has driven up homeowners’ insurance premiums and claims they mounted a “coordinated and deliberate scheme to hide the truth about climate change and the effects of burning fossil fuels.”
Fuel prices at a Shell gas station in Burien, Washington, on Wednesday, March 9, 2022. (Chona Kasinger/Bloomberg via Getty Images)
But in addition to the DOJ referral, Hagens Berman has thus far struggled to secure clear victories or settlements in its climate cases and was dealt some legal blows in that realm in recent years.
Efforts to reach a Hagens Berman representative for comment were unsuccessful by press time.
In 2018, Judge William Alsup, a Clinton appointee, tossed out San Francisco and Oakland’s case, which was brought by Hagens Berman against fossil fuel companies over the alleged effects of climate change. Alsup called the scope of the cities’ claims in that case “breathtaking.”
“It would reach the sale of fossil fuels anywhere in the world, including all past and otherwise lawful sales, where the seller knew that the combustion of fossil fuels contributed to the phenomenon of global warming,” Alsup wrote.
The cities dropped Hagens Berman as their representation after a series of adverse decisions in that case.
CLIMATE LAWFARE CAMPAIGN DEALT BLOW IN SOUTH CAROLINA
People march as they take part in a strike to demand action on the global climate crisis on Sept. 20, 2019, in New York City. (Spencer Platt/Getty Images)
The law firm also lost in a similar case that same year in New York. In that dismissal, the late Judge John Keenan, a Reagan appointee, again found Hagens Berman’s lawsuit was far too expansive.
“The City has not sued under New York law for claims related to the production of fossil fuels in New York,” Keenan wrote. “The City brings claims for damages caused by global greenhouse gas emissions resulting from the combustion of Defendants’ fossil fuels, which are produced and used ‘worldwide.’”
The DOJ review, if upheld by the 3rd Circuit, could now overshadow the firm’s more recent endeavors and raises the stakes for the practice as it continues to take on ambitious cases.
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San Francisco, CA
SF scientists build robotic storm samplers to track pollutants before they reach the Bay
SAN FRANCISCO (KGO) — Environmental Scientist Kayli Paterson from the San Francisco Estuary Institute is hitting the road with colleague David Peterson and a trunk full of water sampling robots.
“Yeah, I think the max we’ve ever done was five. But the sites are very close together. Oh, there it is. Hopefully it samples well,” says Paterson as she turns the mobile sampling lab onto a private oak-lined road.
They’re closing in on a watershed creek flowing through the hillsides near the San Andreas Lake reservoir, west of Highway 280 in Millbrae, part of the larger watershed that eventually drains into San Francisco Bay.
“So, we’ve got our sampler. Look at the battery. Hook that up, red and black. This is a 12-volt lithium battery, and it powers our sampler for probably about six to seven days,” she explains, showing off a self-contained unit miniaturized into a portable case.
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The black cases are their latest innovation in stormwater science. Robotic samplers anchor in key sections of the watershed to monitor not only flow, but also the chemicals and pollutants washing downstream toward the Bay.
“And this is a front-line pollution sampler. It’s getting the stormwater before it enters the Bay. And so, we want to know what’s coming into the Bay and getting these samplers out there in more locations will give us a better idea of where we might have issues, where a hotspot is, or maybe a previously unknown contaminant,” says Paterson.
“It’s important to get out that fast,” her colleague David Peterson adds. “You know, in these storms as they’re happening, because the water is picking up pollutants in real time, and we need to be there to capture them.”
When we first met Peterson several years ago, he and another Estuary Institute team were sampling water along the Bay shoreline by hand, a technique that’s still valuable. But to cover more ground, Kayli and a group of collaborators began developing the robotic samplers over recent storm seasons.
Kayli and David start by chaining the unit itself to a tree near the creek bank. The system employs remote-controlled pumps that draw samples from the creek and store them in onboard containers. The software controlling the volume and frequency can be operated from a phone app.
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One of the key targets in this study is a group of so-called “forever chemicals” known as PFAS, synthetic compounds that persist in the environment and have been detected in widespread areas of the Bay.
“And we capture samples and send them off to analytics labs across the country. Typically, universities or private labs will process these for us,” Peterson explains.
For these two stormwater detectives, it’s a mission that requires a combination of speed and patience**, chasing flowing water** through creeks and storm drains, sampling as they go.
“So, we’re looking for areas – the point of this is to do source control. Ultimately, we want to be able to trace this back to a possible source,” says Kayli Paterson.
And potentially prevent a source of toxic pollution from reaching San Francisco Bay and our Bay Area ecosystem.
More than a dozen of the robots were given names in a special contest, including the Big Sipper and the Tubeinator.
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Denver, CO
Report: Broncos expected to ‘make a splash’ at running back
The Denver Broncos are in the market for a running back.
Just two days after NFL Network’s Ian Rapoport reported that Denver wants to have the running back position addressed before the draft, Jonathan Jones of CBS Sports reported that the Broncos are “poised to make a splash” at running back during NFL free agency.
“Denver is the reason why the Jets used the franchise tag on Breece Hall rather than the transition tag, according to sources, making sure Denver wouldn’t get the opportunity to put together an offer the Jets would refuse to match,” Jones wrote for CBS Sports.
Jones said the Broncos would be an obvious potential landing spot for Kenneth Walker, and he noted that Travis Etienne could be a cheaper alternative. The Athletic’s Nick Kosmider also reported this week that Denver is expected to “closely examine” the RB market, and he name-dropped Walker, Etienne and Rico Dowdle.
The Broncos also have an in-house free agent at RB in J.K. Dobbins, who has expressed his desire to remain in Denver. The Broncos can begin negotiating with pending free agents from other clubs on March 9, but no deals can become official until the new league year begins on March 11. In-house free agents can be re-signed at any time.
Social: Follow Broncos Wire on Facebook and Twitter/X! Did you know: These 25 celebrities are Broncos fans.
Seattle, WA
Huard: Rams’ trade a ‘direct’ response to Seattle Seahawks
One of the Seattle Seahawks’ biggest rivals delivered the first big shockwaves of the 2026 offseason.
Why Salk ‘blanched’ at a Seahawks Maxx Crosby trade proposal
Los Angeles Rams have agreed to a deal that would send four draft picks to the Kansas City Chiefs in exchange for All-Pro cornerback and former UW Huskies standout Trent McDuffie, according to a report from ESPN’s Adam Schefter on Wednesday morning.
McDuffie, who is entering the final season of his rookie contract, is expected to sign a long-term extension with the Rams, according to Schefter.
Shortly after the news broke, former NFL quarterback Brock Huard gave his reaction on Seattle Sports’ Brock and Salk.
“This feels like a direct move to match up with JSN and the Seahawks,” Huard said.
Widely considered to be the two best teams in the NFL this past season, the Seahawks and Rams squared off in three epic battles, capped by Seattle’s 31-27 win over Los Angeles in the NFC Championship.
Over those three games, the Rams’ shaky secondary struggled to contain NFL receiving leader and AP Offensive Player of the Year Jaxon Smith-Njigba. The Seahawks star wideout totaled 27 catches for 354 yards and two touchdowns across those three matchups, including 10 catches for 153 yards and a TD in the NFC title game.
Smith-Njigba also had a career-high 180 receiving yards and two touchdowns in an overtime loss to the Rams in 2024.
“It’s kind of like an old NBA world,” Huard said. “Like, alright, we know we’re gonna have to deal with Jordan or we’re gonna have to deal with Pippen or we’re gonna have to deal with Bird. Like, how do we match up? And (the Rams) know that that was the one area – in their back seven – that could not match up.”
Listen to the full Brock and Salk conversation at this link or in the audio player in the middle of this story. Tune into Brock and Salk weekdays from 6-10 a.m. or find the podcast on the Seattle Sports app.
Seattle Seahawks offseason coverage
• What Brock Huard makes of Seahawks’ Ken Walker situation
• A possible replacement if Seahawks don’t re-sign Walker
• Huard: Jobe is most likely free agent the Seattle Seahawks re-sign
• Report: Seattle Seahawks not tendering restricted FA Jake Bobo
• The Seattle Seahawks’ risks with Walker set to be free agent
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