• October 21, 2016

    Judge Likely To Pare Dole Unit's Suit Over $146M Cleanup

    A California judge Friday tentatively trimmed a Dole-owned developer’s suit alleging the state wrongly held it liable for contamination at a former Shell oil company site, saying the developer didn’t exhaust administrative remedies on its claim it wasn’t given time to weigh in on a $146 million soil cleanup plan.

  • October 21, 2016

    Fla. Counties See Track To Quick Win Against Rail Bonds

    Two Florida counties urged a D.C. federal judge on Friday to vacate the U.S. Department of Transportation’s approval of $1.75 billion in tax-exempt bonds for a Miami-to-Orlando passenger railroad, saying the agency unlawfully signed off on the bonds without evaluating the environmental and historic resource impacts of the project.

  • October 21, 2016

    Feds, Law Profs Back Oregon In 9th Circ. Mining Appeal

    A group of “Western public land” law professors, the federal government and the states of California and Washington are throwing their weight behind Oregon’s law temporarily banning some mining methods in sensitive salmon habitats, filing amicus briefs with the Ninth Circuit in support of the state.

  • October 21, 2016

    Maine Slams Would-Be Amicus In Tribe's River Rights Row

    The Maine Indian Tribal-State Commission should not get extra time to prepare a brief it has no place filing in the first place concerning a First Circuit challenge to a decision limiting the Penobscot Nation’s reservation boundaries, the state said Thursday.

  • October 21, 2016

    DOI Backs Tribal-Federal Collaboration On Land Management

    U.S. Secretary of the Interior Sally Jewell on Friday unveiled a plan to foster team-ups between the U.S. Department of the Interior and federally recognized tribes to strengthen tribes' influence in managing public lands with which they have historical, cultural and geographic links.

  • October 21, 2016

    Atty Says SEC Brought Fraud Suit To 'Ruin His Life'

    An attorney facing securities fraud allegations for a waste-to-fuel business, which several professional athletes invested in, told a Georgia federal judge on Thursday that the U.S. Securities and Exchange Commission's lawsuit is the personal vendetta of an SEC team that set out to "ruin his life" because he "annoys the SEC" and beat them once in a high-profile securities case.

  • October 21, 2016

    EPA Says DC Circ. Shouldn't Scrap Sewage Rules Nationwide

    The Environmental Protection Agency urged a D.C. Circuit panel Friday not to toss out the agency's interpretation of rules for sewage treatment plants, pushing the panel to let the objectors wind their way though state courts.

  • October 21, 2016

    Greens Challenge $1.8B Wash. Methanol Refinery Review

    Environmentalists on Thursday challenged an environmental study of a $1.8 billion, 100-acre methanol manufacturing plant in Washington state, saying it failed to adequately consider indirect effects such as increased greenhouse gas emissions from marine vessel transportation.

  • October 21, 2016

    Enviros Press DC Circ. To Act On $971M Pipeline Block Plea

    A coalition of environmental and community groups urged the D.C. Circuit on Thursday to rule on their bid to halt construction of a $971 million gas pipeline project before Oct. 28 because the developer has asked the Federal Energy Regulatory Commission for authorization to put into operation most of the project by that date.

  • October 21, 2016

    San Diegans To High Court: $1.3B Project Needs Terror Review

    A group of San Diego residents has asked the U.S. Supreme Court to overturn the Ninth Circuit’s finding that the U.S. military properly weighed the risks of terrorist attacks in an environmental study required for the approval of a $1.3 billion waterfront development project.

  • October 21, 2016

    BHP Billiton Workers Accused Of Homicide In Brazil Disaster

    Federal prosecutors in Brazil on Thursday announced that 21 people, including employees of Samarco Mineração SA and its owners BHP Billiton and Vale SA, were charged with homicide in connection with the 2015 dam collapse that killed 19 people and devastated the countryside.

  • October 21, 2016

    9th Circ. Won't Rethink Enviro Law Ruling For Casino Foes

    The Ninth Circuit said Thursday it would stay firm on its conclusion that the National Indian Gaming Commission was not required to conduct an environmental review before approving the Jamul Indian Village's $400 million casino near San Diego.

  • October 21, 2016

    Exxon Using Mass. AG Climate Row To Duck NY, Judge Told

    ExxonMobil wants to fast-track its bid to add the New York attorney general to the company's suit over the Massachusetts AG's climate change investigation because the oil giant wants to duck the New York AG's subpoena in a related probe, the Bay State's chief lawyer argued Friday.

  • October 21, 2016

    EPA Issues New Oil And Gas Ozone Emission Guidelines

    The U.S. Environmental Protection Agency has published new emission control guidelines for the oil and gas industry to help state, local and tribal air agencies that must reduce smog levels in their jurisdictions.

  • October 21, 2016

    Enviros Challenge Pa. County Air Pollution Permitting

    Four Pennsylvania environmental groups asked the U.S. Environmental Protection Agency on Thursday to find fault with Allegheny County’s handling of air pollution permits under a federal program designed to enforce the Clean Air Act.

  • October 21, 2016

    Judicial Political Recusal Row Nixed On Immunity Grounds

    A Louisiana federal judge tossed a state Supreme Court justice’s suit against four colleagues over their decision to remove him from two civil cases against Exxon Mobil Corp. and Anadarko Petroleum Corp. due to re-election campaign contributions the justice received, finding the suit is barred under the 11th Amendment.

  • October 20, 2016

    Enviros Want In On BLM Oil & Gas Lease Auction Suit

    Nine environmental groups asked a New Mexico federal judge Wednesday for permission to intervene in an oil and gas industry group’s lawsuit alleging the Bureau of Land Management has failed to hold quarterly sales for mineral leases, saying the agency doesn’t adequately represent their interests.

  • October 20, 2016

    PE Halifax Group Affiliate In Del. Ch. 7 Over $65M Debt

    An affiliate of private equity firm Halifax Group LLC that has been battling in court over the disputed price it paid for a Gulf Coast environmental remediation company filed for Chapter 7 bankruptcy in Delaware late Wednesday, listing no clear assets and $64.8 million in secured claims.

  • October 20, 2016

    Evanston Wants Redo In Sewage Injury Coverage Suit

    Evanston Insurance Co. urged an Alabama federal court Thursday to reconsider its decision denying a judgment on the insurer’s claim it didn’t have to cover a policyholder facing suits over injuries and property damage stemming from sewage overflow, saying the court erred in the application of a pollution exclusion.

  • October 20, 2016

    NY Nuke Fight Puts Spotlight On High Court Subsidy Ruling

    New York's plan to offer subsidies for three struggling nuclear power plants has drawn a legal challenge that experts say could lead to the first significant ruling on the scope of the U.S. Supreme Court's April decision that power plant subsidies offered by Maryland usurped federal authority over wholesale electricity markets.

Expert Analysis

  • 'Production Sharing Agreement' Wells: Pros And Cons

    Andrew Zeve

    Production sharing agreement wells and allocation wells present workable alternatives to pooling the tracts needed to drill a horizontal well, but are not without risk, and will often create additional issues that should be considered in planning for the future development of an oil or gas operator’s underlying leasehold position, say Andrew Zeve, Austin Lee and Jonathan Seliger of Bracewell LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Definition Of 'Disposal' Limits CERCLA's Applicability

    Joshua L. Milrad

    In Pakootas v. Teck Cominco Metals the Ninth Circuit ruled that contamination through aerial emission does not constitute a “disposal” under the Comprehensive Environmental Response, Compensation and Liability Act. The decision demonstrates that the meaning of the word “disposal” based on how the contamination occurred continues to dictate how the law can be applied, say Joshua Milrad and Minning Yu of Goldberg Segalla LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Tackling The Regulation Of Global Airplane GHG Emissions

    Eric B. Rothenberg

    After years of discussions, the body that sets international standards for the commercial aviation industry reached a landmark deal to cap and regulate the industry’s greenhouse gas emissions, opening the door to rulemaking by the U.S. Environmental Protection Agency and Federal Aviation Administration, say Eric Rothenberg and Remi Moncel of O’Melveny & Myers LLP.

  • Private Equity Flows To Oil And Gas As Prices Stay Low

    Alan Burke

    Over the past 24 months, the low oil price environment has led to increased interest in the hydrocarbon sector from private equity investors. Attorneys at White & Case LLP examine factors that have incentivized PE houses to contemplate entry into the upstream oil and gas market, as well as the challenges to such PE investment.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Calif. High Court Throws Wrench In Cooperative Federalism

    Samuel L. Brown

    The holding and logic of the California Supreme Court’s recent decision in Department of Finance v. Commission on State Mandates has the potential for significant implications in California and nationwide. Importantly, the logic of the decision could apply to any cooperative federalism-based environmental statute, potentially opening the door to other challenges to state implementation of federal laws, says Samuel Brown of Hunton & Williams LLP.

  • Taking Advantage Of DOE Efficiency And Solar Tech Funding

    Stephen Bolotin

    The U.S. Department of Energy has recently made a number of upcoming funding opportunity announcements for technologies related to building efficiency and solar energy. Stephen Bolotin of Holland & Knight LLP reviews these upcoming FOAs, and offers applicant guidance based on past experience with these programs.

  • Funding And P3s For Water Infrastructure Projects: Part 2

    Paul J. Epstein

    According to recent estimates by the U.S. Environmental Protection Agency, funding needs for water infrastructure capital improvements total more than $650 billion over the next 20 years. In the final part of this two-part series, Paul Epstein of Shearman & Sterling LLP discusses the use of public-private partnerships in the water sector to fill funding gaps and as an alternative procurement method.