A coal-fired power plant near Peoria, Illinois, violated the Clean Air Act with its thousands of instances of emissions over allowable opacity limits during a six-year period, a federal judge ruled Tuesday, siding with the Natural Resources Defense Counsel and the Sierra Club.
Spanish oil giant Repsol SA, which once owned a stake in bankrupt Maxus Energy Corp.’s parent, pushed back Monday against Occidental Chemical Corp.’s argument that claims connected to the Spanish company’s potential liability for cleaning up pollution in a New Jersey river should be considered in Delaware bankruptcy court.
The California Assembly on Tuesday passed legislation that would strengthen and extend the life of the state’s greenhouse gas emission reduction program and provide a measure of security for its cap and trade system.
The Grand Traverse Band of Ottawa and Chippewa Indians objected Tuesday to a proposed deal that calls for Canadian pipeline giant Enbridge to pay $177 million in civil penalties and pipeline safety upgrades to resolve pollution claims related to 2010 oil pipeline spills in Michigan and Illinois.
The Standing Rock Sioux Tribe pushed a D.C. federal court Monday to block construction on the $3.8 billion Dakota Access Pipeline while the court weighs a challenge to the Army Corps of Engineers’ approval for the project, saying the agency hadn’t done nearly enough tribal consultation and that the pipeline’s developer is bringing any financial damage from halting the project on itself.
Quanta Resources Corp. on Tuesday again pushed for the disqualification of Newark, New Jersey-based law firm Gibbons PC from litigation alleging its client Rexam Beverage Can Co. helped contaminate a Quanta-owned refining center, doubling down on its argument that a recent New York federal court ruling supports booting the firm.
The federal government has declined to intervene in a False Claims Act suit brought by Kasowitz Benson Torres & Friedman LLP against Dow Chemical Co. and three other companies, triggering the unsealing of a lawsuit that accuses them of hiding the dangers of isocyanate chemicals and cheating the government out of billions of dollars in penalties.
A Wisconsin family who sold their leather-car-seat business to Lear Corp. is now suing the auto parts supplier in Delaware federal court to void an allegedly bad faith claim on a $59.5 million environmental escrow fund set up during the acquisition.
The U.S. Fish and Wildlife Service missed a deadline for taking action on petitions to list 417 species under the Endangered Species Act, and environmental activist group said Tuesday in filing a formal notice of intent to sue the agency.
Environmental groups on Tuesday told the D.C. Circuit a $607 million gas pipeline project in New Jersey and Pennsylvania cannot proceed because the Federal Energy Regulatory Commission failed to fulfill its environmental obligations.
Monsanto Co. dodged three separate environmental actions by a trio of Northern California cities over the alleged contamination of the San Francisco Bay by polychlorinated biphenyls when a federal judge ruled Monday the cities failed to establish a property interest to assert a public nuisance claim.
The federal government told a Nevada federal court on Tuesday it should reject rancher Cliven Bundy’s attempt to get an extension to respond to the government’s bids to dismiss his $90 million suit against it in which he claims to be the victim of a conspiracy that forced him and his family off their land.
A Volkswagen investor suing the company over the fallout from the automaker’s diesel emissions scandal asked a California federal judge on Monday to allow Labaton Sucharow LLP to take the lead in the investor lawsuits as another law firm jockeys to win the same spot.
Robert Bosch GmbH requested Monday that a California federal court keep under wraps the names of employees mentioned in litigation stemming from Volkswagen’s emissions cheating scandal, saying it will eventually disprove claims that it knowingly participated in the scheme but that the workers’ reputations deserve protection in the meantime.
The U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration on Tuesday declined a bid by automakers to extend the time allotted to weigh in on a July report regarding their ability to meet greenhouse gas emissions standards and implement fuel-efficient technologies for light-duty vehicles.
Nova Casualty Co. urged the Tenth Circuit on Monday to deny Taos Ski Valley Inc.'s bid to seek the New Mexico Supreme Court's input on a question of insurance law implicated in its appeal of a lower court's ruling that the ski resort isn't entitled to coverage for environmental cleanup costs, asserting that the state's law isn't unsettled on the issue.
The California Supreme Court on Monday upheld the state’s moratorium on suction dredging for gold, rejecting a prospector’s argument that federal laws preempt the ban.
Environmental regulators in Pennsylvania announced a pair of fines against Cone Midstream Partners LP and Consol Energy Inc. unit CNX on Monday over pipelines the companies constructed outside the boundaries set in their permits.
The U.S. General Services Administration on Tuesday asked for feedback on a proposal to require greenhouse gas emissions information from successful bidders on its $50 billion Alliant 2 information technology contract, one of the largest federal contracts currently pending.
The Third Circuit refused Monday to reconsider its decision to affirm a lower court and not let two activist groups intervene in a Pennsylvania town’s defense of a now-defunct ordinance that barred the disposal of fracking wastewater.
Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.
The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.
The Second Circuit’s unanimous decision in Chevron v. Donziger is an important victory for the rule of law and should serve as a powerful warning to U.S. lawyers who are tempted to leave their ethics at the border when seeking to recover huge transnational judgments against U.S. corporations, say attorneys at Gibson Dunn & Crutcher LLP.
Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)
The White House Council on Environmental Quality's final guidance created to help agencies consider greenhouse gas and climate change impacts in National Environmental Policy Act reviews provides some clarity regarding the overall approach to the process, but it also leaves fundamental questions for individual agencies to answer, say attorneys at Holland & Knight LLP.
There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.
The D.C. Circuit recently issued a decision in U.S. Sugar Corporation v. U.S. Environmental Protection Agency, where the U.S. Sugar Corporation panel remanded emission limits for an unspecified number of boiler subcategories, a perceived victory for environmental interests that has created substantial uncertainty for owners and operators of industrial boilers, say Cynthia Faur and Peter Tomasi at Quarles & Brady LLP.
As advances in technology continue to push law libraries in a more complex direction, many law firms are still making structural mistakes. Fahad Zaidi, senior consultant at HBR Consulting, notes five common pitfalls that law firms should be wary of when developing their libraries.
I worry too many law students see the priorities of BigLaw in tension with a meaningful commitment to pro bono work, making them reluctant to ask questions in interviews about pro bono opportunities and a firm’s commitment to its community. This needs to change, says Skadden partner and former White House legal adviser Michael Scudder.
Although inconsistent source determinations will continue, it appears the three factors the U.S. Environmental Protection Agency uses to define "adjacent" for sites under common control in its new source determination rule will bring long-awaited clarity in onshore oil and gas source aggregation decisions, say Charles Wehland and Jennifer Hayes at Jones Day.