Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
Steptoe & Johnson LLP partner Lawrence Riff convinced the Sixth Circuit not only to uphold a summary judgment ruling in favor of Chevron Corp. in a benzene and gasoline contamination lawsuit, but to affirm $250,000 in sanctions against the plaintiffs' attorneys in the case, earning him a spot among Law360's Environmental MVPs.
Energy industry groups are gearing up for an all-out fight against a proposed fracking ban moving through the Massachusetts Legislature even though it will have a minor practical impact in a state with little development potential, because they're worried it could lead to prohibitions in resource-rich states sympathetic to the anti-fracking movement.
A metal processing plant on Thursday argued that if the Texas Supreme Court affirms a jury’s damages award stemming from environmental contamination since cleaned up to meet regulatory standards, it will introduce industry confusion and create open-ended potential liability.
President Barack Obama on Thursday continued his second-term push to tackle climate change, ordering federal agencies to increase the portion of their electricity derived from renewable energy nearly three-fold over the next six years.
Louisiana's state levee board association on Wednesday overwhelmingly opposed a lawsuit seeking billions of dollars from nearly 100 energy companies to cover coastal damage linked to oil and gas drilling activities, urging a regional flooding authority to drop the legal action.
While law firms have made great strides, studies show that we all still have implicit biases that affect perceptions and decision making. As a senior woman I have the opportunity to help combat that — and the obligation to do so, says Carla Christofferson, managing partner of O'Melveny & Myers LLP's Los Angeles office and a member of the firm's policy committee.
Lumber Liquidators Inc. was hit with a proposed class action Tuesday accusing the retailer of selling unsuspecting consumers formaldehyde-laden Chinese flooring, with some of it sourced from endangered habitats, in violation of the Racketeer Influenced and Corrupt Organizations Act and other U.S. laws.
An oil and gas industry group is challenging newly passed hydraulic fracturing restrictions in two Colorado cities, lodging complaints in state court Tuesday arguing that the measures banning the practice for at least five years are superseded by state energy regulations.
A Texas appeals court upheld the city of San Angelo’s municipal water permit, rejecting on Tuesday a conservation group's argument that the Texas Commission on Environmental Quality had ignored evidence the permit would negatively impact downstream water users.
Dozens of House Democrats urged the U.S. Department of the Interior on Tuesday to halt oil and gas leasing in the Arctic Ocean until it overhauls the rules governing the activity and takes into account the impacts it has on climate change.
The chairman of the House Science Committee on Tuesday accused the U.S. Environmental Protection Agency of putting politics above science with its proposed greenhouse gas emissions standard for power plants, pointing to a Science Advisory Board review questioning the data behind the rule.
The Louisiana Coastal Protection and Restoration Authority on Tuesday instructed the state attorney general to file a pair of lawsuits against the U.S. Army Corps of Engineers, in a bid to avoid more than $1.2 billion in coastal restoration costs sought by the federal government.
Democrats on a key state legislative committee slammed Gov. Tom Corbett’s nominee for secretary of Pennsylvania’s Department of Environmental Protection on Wednesday as an unqualified administration ally who lacked a thorough understanding of the risks posed by the Marcellus Shale industry and the science behind climate change.
The co-owner of several large-scale aquariums was sentenced to a year in prison on Monday by a Florida federal judge after pleading guilty to conspiring to illegally transport and sell exotic fish, including sharks, that were wrongfully harvested from state waters.
The U.K. government said Tuesday that it will invest £40 billion ($65 billion) in the renewables sector by 2020 to replace 10 percent of its total power generation and reshuffle its subsidies to favor more offshore projects.
White House Council on Environmental Quality chairwoman Nancy Sutley will step down in February after serving in that position for five years, the White House confirmed Tuesday.
The California Supreme Court last week rejected MBL Inc.'s challenge to a ruling that freed its insurers from paying for independent counsel to defend the chemical supplier against contamination claims, gifting insurers with several valuable holdings they will try to carry over to disputes outside of the environmental realm.
The U.S. Environmental Protection Agency's decision to limit an Eighth Circuit ruling on wastewater treatment to the court's jurisdiction rather than issuing a nationwide policy has outraged municipal water agencies determined to fight permit restrictions in court, a battle experts say they are well-positioned to win.
The Federal Circuit on Tuesday upheld a trial court's decision that the U.S. government’s temporary flooding of an Arkansas state forest reserve constituted a compensable taking of property under the Fifth Amendment, after the U.S. Supreme Court declined last year to exempt such flooding from takings liability.
Although ASTM International has characterized its recently revised standard for phase 1 environmental site assessments as a clarification of its previous version, a number of these changes are substantive in nature and likely to increase the costs of phase 1 reports, says Larry Schnapf at Schnapf LLC.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The decision in County of Santa Clara v. Superior Court of Santa Clara was based on policy, not statute. The California Supreme Court was convinced by the theory that government attorneys could maintain control over private counsel retained by contingency fees. The reality of the experience with the Orange County Water District emphatically demonstrates otherwise, say Jeffrey Dintzer and Nathaniel Johnson of Gibson Dunn & Crutcher LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
Proposition 6 and its related enabling legislation provide a unique opportunity for Texas to begin addressing its significant water infrastructure needs. But, as with any ambitious plan, the program faces a variety of challenges, including achieving a proper (and politically acceptable) balance between urban and rural needs and navigating through ongoing water rights disputes, say C. Brian Cassidy and Brian O’Reilly of Locke Lord LLP.
The Federal Trade Commission’s recent actions against nine companies making allegedly deceptive environmental marketing claims send a strong message to companies about the agency's enforcement priorities and their own need to possess adequate substantiation for claims about the environmental benefits of products, says David Mallen at Loeb & Loeb LLP.
On Nov. 7, the Ninth Circuit largely upheld the U.S. Environmental Protection Agency's approach under the Federal Insecticide, Fungicide and Rodenticide Act in registering the first recognized nanopesticide. Despite a remand to resolve certain issues, the EPA and nano stakeholders have reason to be pleased, say Lynn Bergeson and Timothy Backstrom at Bergeson & Campbell PC.
Until recently, forced pooling of unleased land parcels remained largely untested in Pennsylvania, particularly with the advent of modern shale development. However, a recent decision from the Pennsylvania Environmental Hearing Board promises to put forced pooling back into the spotlight and raise the ever growing controversy surrounding it, says Yvonne Hennessey at Hiscock & Barclay.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.