A Texas appeals court on Thursday dissolved an agreement in a long-running payment dispute between the city of Houston and a Downstream Environmental LLC wastewater plant that prevented the city from discontinuing wastewater service to the plant.
San Antonio’s city council on Thursday unanimously approved a $3.4 billion, 30-year water supply project planned to bring up to 16.3 billion gallons a year to the city through a 142-mile pipeline.
Environmental groups challenged a Washington state decision to issue a water pollution permit to a commercial nuclear reactor in a lawsuit filed Wednesday in Washington state court, claiming the state violated federal and state water quality laws by issuing the permit.
Attorneys general from 23 states including Michigan, Texas and Alaska asked the U.S. Supreme Court on Wednesday to review the U.S. Environmental Protection Agency’s rule limiting mercury and other toxic emissions from power plants, arguing the agency failed to adequately consider the regulation’s economic impact.
The first oil and gas drilling project proposed on federal lands in Alaska cleared a major hurdle Wednesday, as the U.S. Department of the Interior unveiled a final environmental review that it says will limit the ConocoPhillips Co. project’s impact on wildlife and native cultures.
The U.S. Environmental Protection Agency's program to increase use of new technology in environmental monitoring has uncovered more pollution than expected and led to tough compliance actions over air, water and waste rules, enforcement chief Cynthia Giles told Law360. This is part one of a two-part series.
The Ninth Circuit on Thursday ruled that the U.S. Department of Transportation properly approved a proposed expressway for trucks leaving the ports of Long Beach and Los Angeles, affirming a lower court's dismissal of the Natural Resources Defense Council's suit seeking to block the project.
In an effort to bolster its solar capabilities, SunEdison Inc. subsidiary TerraForm Power Inc. has agreed to buy a portfolio of solar energy assets from Swiss asset manager Capital Dynamics for about $250 million, the companies said late Wednesday evening.
A Pennsylvania congressman has asked the state’s Department of Environmental Protection to hand over records about its process for monitoring the handling and disposal of waste from hydraulic fracturing as part of a nationwide investigation by a U.S. House of Representatives subcommittee.
BP PLC on Wednesday moved to block several policies that limit the amount of evidence needed to make a claim against the $9.2 billion Deepwater Horizon settlement fund, arguing that the policies were tainted by the embattled claims administrator who approved them.
Environmentalists on Wednesday challenged the U.S. Nuclear Regulatory Commission’s recent rule for long-term nuclear waste storage, saying that the rule violates the U.S. Environmental Policy Act and federal atomic energy regulations in two petitions for review filed in the D.C. Circuit.
Environmental advocacy group Riverkeeper Inc. has launched a complaint against the New York Public Service Commission in New York state court, claiming the agency unlawfully hurried through Helios Capital Power LLP's bid to restart a shuttered, 500-megawatt coal-fired plant in New York's Hudson Valley.
Large-scale funding and merger activity for wind power projects dropped significantly in the third quarter from the previous one, but the slump may be temporary, as wind investors announced a huge volume of new deals recently, according to a Mercom Capital Group survey of companies and investors.
A class of landowners suing ExxonMobil Pipeline Co. over the 2013 Pegasus pipeline rupture in Mayflower, Arkansas, told a federal judge that the oil giant’s claim that evidence relating to the pipeline’s maintenance and repair should be confidential has no basis in law.
The European Union agreed Wednesday to spend €647 million ($817.9 million) on energy infrastructure projects, mostly targeted at poorer Baltic and central and southeastern European states that lack resources to install upgrades the union believes will have cross-border benefits.
Superior Crude Gathering Inc. has agreed to pay a $1.61 million civil penalty to end allegations that a crude oil spill at its Texas storage facility violated the Clean Water Act, the U.S. Department of Justice and the U.S. Environmental Protection Agency announced Wednesday.
Spectra Energy Operating Co. LLC on Tuesday was hit with an $8 million environmental contamination suit in New Jersey federal court, with 25 plaintiffs claiming Spectra’s negligence in laying a gas pipeline led to soil and water contamination during Superstorm Sandy.
Canadian transportation regulators on Wednesday unveiled tighter restrictions on transporting crude oil by rail in response to recommendations stemming from an investigation into last year’s fiery and deadly derailment of a crude oil-toting train in Lac-Megantic, Quebec.
Vinson & Elkins LLP brought in a former Fenwick & West LLP patent and technology litigator and a former Morgan Lewis & Bockius LLP attorney with experience litigating products liability, environmental and class action cases, the firm said Tuesday.
A California federal judge on Tuesday preserved a $1 billion class action against Tokyo Electric Power Co. brought by a group of U.S. Navy rescue personnel alleging exposure to nuclear radiation from the Fukushima power plant, ruling the court has subject-matter jurisdiction over the case.
The Pennsylvania Department of Environmental Protection's recent insight into enforcement protocols for the oil and gas industry reaffirms procedures for issuing and resolving notices of violation, establishes a new process for resolving water supply contamination incidents and updates well-inspection policies, say Timothy Weston and Tad MacFarlan of K&L Gates LLP.
As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.
The Seventh Circuit in U.S. v. P.H. Glatfelter appears to have greatly expanded the applicability of the apportionment defense, which, if successful, can shield a potentially responsible party from joint and several liability under the Comprehensive Environmental Response, Compensation and Liability Act, say attorneys at Bingham McCutchen LLP.
Though the U.S. Environmental Protection Agency believes it can compel states to enforce the Clean Power Plan, the law states otherwise. Unless the EPA disclaims any intent to usurp state police power a constitutional challenge will be ripe, say Scott Oostdyk and E. Duncan Getchell Jr. of McGuireWoods LLP.
The takeaway from California Department of Toxic Substances Control v. Jim Dobbas Inc. is that government agencies that mismanage response actions may now be exposed to — at the very least — cost recovery or contribution litigation where there is evidence the agency made management decisions that led to contamination, or allowed it to continue to be released, say attorneys at Perkins Coie LLP.
The Second Circuit’s decision in Indian Harbor Insurance Co. v. The City of San Diego involving a pollution and remediation legal liability insurance policy reinforces that the mandates imposed on insurers by Section 3420 of the New York Insurance Law do not apply unless all of the various elements of the statute are implicated. This is not only relevant to a liability insurer’s ability to disclaim coverage based upon late notice, ... (continued)
Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.
Newcastle Port Corporation v. MS Magdalene Schiffahrtsgesellschaft MBH shows the New South Wales Land and Environment Court's willingness to impose substantial fines for marine pollution offenses and is a useful illustration of the court's approach to sentencing in such matters, say attorneys at Norton Rose Fulbright Australia.
Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.
The “threatened” listing of the Oregon spotted frog will affect water storage and diversion regulations, development activity and agricultural practices in several Oregon and Washington counties. In the implementation of this listing, federal regulators will need to balance the needs of the spotted frog with competing legal requirements that provide for the protection of other federally listed species, says Myles Conway of Marten Law PLLC.