Environmental groups seeking to overturn Kentucky’s new water quality standards for selenium said Friday the U.S. Environmental Protection Agency improperly relied on the state’s promise to measure water quality through fish tissue analyses, even though some waterways no longer have fish because of the contaminant — a coal-mining byproduct.
Canadian company Innergex Renewable Energy Inc. and community partners have obtained approval from the Quebec government to prepare for construction on a $365 million wind farm expected to power 30,000 households.
Air quality regulators in some of the most heavily permitted areas in the country are failing to collect enough money from businesses and jeopardizing effective state and local Clean Air Act program implementation, a new U.S. Environmental Protection Agency Inspector General report said Monday.
The U.S. Environmental Protection Agency’s Office of the Inspector General will audit the California Air Resources Board’s purchase of a laser used to monitor air pollution and review allegations that the board is misreporting pollution data, the watchdog recently said.
The U.S. Defense Logistics Agency on Friday issued a solicitation for proposals to allow the Fort Hood military base in Texas to generate 100 percent of its power needs from renewable energy sources.
The Scotts Company LLC on Friday asked a California federal judge to toss a proposed class action accusing the company of illegally selling wild bird food that contained toxic pesticides, arguing that the plaintiffs’ refusals to accept individual settlements made the dispute moot.
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on Mississippi’s $615 million claim that Tennessee is stealing its groundwater through a large commercial water well that pumps fields near the states’ border.
Philippines-based Energy Development Corp. said Monday it has signed a 15-year, $315 million agreement with foreign and local banks to build a 150-megawatt wind farm in the coastal province of Ilocos Norte, projected to be the country’s largest.
A New York state judge has ruled that Century Indemnity Co. must use a pro rata allocation formula to determine cleanup costs for polluted manufactured gas plant sites on Long Island, New York, in a 17-year-old dispute pitting Century and others against current policyholder KeySpan Corp.
The U.S. Supreme Court on Monday declined to hear an appeal by several Louisiana parishes asking the high court to revive their state-law claims against BP PLC and others over pollution-related wildlife damage linked to the Deepwater Horizon oil spill.
A Texas federal judge on Friday said counsel for Flat Rock Land LLC may face sanctions for what she said was a misleading legal argument about whether it should have been served with a copy of a settlement reached by Compass Bank and defendants including Chevron USA Inc. and ExxonMobil Corp. in a case involving a petroleum leak that contaminated downtown Laredo.
A group of oil and gas rights owners filed a proposed class action against Illinois in state court, saying its denial of fracking permits is an unconstitutional taking of their property.
A group of House Republicans on Thursday chastised the U.S. Department of the Interior for its “closed-door” review of scientific data relating to the listing of the greater sage grouse as an endangered species, and demanded information about details of the process.
ATP Infrastructure Partners LP agreed to pay a $1 million fine to settle allegations that it violated federal environmental laws by surreptitiously discharging oil and chemicals into the Gulf of Mexico, the U.S. Environmental Protection Agency and two other federal agencies announced Thursday.
Industry groups looking for a fight over whether the benefits justify the costs of the U.S. Environmental Protection Agency's expected revisions to its ozone air quality standard are likely to face an uphill battle, according to a new study commissioned for Congress.
A coalition of trade groups has urged the U.S. Supreme Court to dismiss a class action accusing an Iowa corn company of releasing harmful chemicals onto nearby properties, arguing that the Clean Air Act preempts state tort clams involving air pollution.
Senate Majority Leader Harry Reid, D-Nev., said Friday that dumping nuclear waste at Yucca Mountain is a failed policy, following a recent U.S. Nuclear Regulatory Commission report that concluded the proposed nuclear waste depository site meets environmental and safety requirements.
More than 100 local, state and national environmental organizations urged the Obama administration in a letter Thursday to begin a rulemaking process to curb methane pollution from fracking, saying the gas is more potent than carbon dioxide and presents serious health and environmental risks, according to environmental group Earthworks.
The Natural Resources Defense Council and other environmental groups on Thursday called on the U.S. Food and Drug Administration to ban two chemicals used in food packaging, saying they harm fetal development and reproductive systems and cause cancer.
Two Duke Energy Inc. units on Thursday sued the U.S. Department of Energy claiming the government breached a contract to collect spent nuclear fuel and waste between 2011 and 2013 from four power plants in the Carolinas and Florida.
If finalized, the U.S. Environmental Protection Agency's proposal to prohibit excess emissions during periods of startup, shutdown or malfunction in state implementation plans under the Clean Air Act could result in additional enforcement actions for violations of emission limitations during periods of malfunction, say attorneys at Jones Day.
What constitutes an excessive fine has been articulated by the U.S. Supreme Court as a proportionality test, and, as Pacific Gas & Electric Co. argued in its brief before the California Public Utilities Commission, courts sometimes measure excessiveness in penalties by reference to fines levied in other, like circumstances, says Michael Dotten of Marten Law PLLC.
Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.
California's Safer Consumer Products Regulation will be closely watched given the potential for its broad application — indeed, following its enactment, Congress attempted to develop nationwide green chemistry initiatives, say Joshua Bloom and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.
Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.
If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.
The Ninth Circuit's ruling in Center for Community Action and Environmental Justice v. BNSF Railway Co. has potentially broad implications for all diesel exhaust emitters — it may even serve to foreclose future Resource Conservation and Recovery Act citizen suit challenges to air emissions beyond diesel, say attorneys at Crowell & Moring LLP.
Despite being confusing — and violations expensive — the exploration and production industry should utilize the U.S. Army Corps of Engineers' nationwide permitting program as a way to streamline and simplify wetlands permit requirements when seeking approval of on-shore activities, say Robert Holden and Lesley Pietras of Liskow & Lewis.
The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.
Solar and distributed generation offer asset attributes and capital investment profiles that are well-suited to crowdfunding. Important regulatory pronouncements over the coming months, however, could enhance or hinder the crowdfunding marketplace, say Jim Wrathall and Kristen Young of Sullivan & Worcester LLP.