Environmental

May 21, 2013
US, EU Want To Settle Chinese Solar Panel Fight

The U.S. and the European Union will attempt to negotiate settlements with China that could resolve their long-running gripes over cheap imports of Chinese solar panels, according to media reports on Monday.
May 20, 2013
Ex-BP Exec Gets Obstruction Charge Thrown Out

A Louisiana federal judge on Monday dropped an obstruction charge from the indictment of the former BP PLC executive who was second-in-command during the Deepwater Horizon disaster, finding the government didn’t allege he knew of the congressional investigation he was charged with obstructing.
May 20, 2013
Fighting Agencies May Be Tougher After High Court Ruling

The U.S. Supreme Court's Monday ruling in favor of the Federal Communications Commission, which held that courts should apply a deferential standard of review when federal agencies interpret the limits of their own authority, may make it tougher for regulated businesses to fight agency actions, attorneys say.
May 20, 2013
5 Problems The New DOE Chief Can't Ignore

Ernest Moniz will be sworn in as U.S. energy secretary on Tuesday morning, officially putting the former Massachusetts Institute of Technology physicist at the center of fierce regulatory debates on everything from natural gas exports to nuclear waste. Here, energy attorneys offer Law360 the top five issues he'll be expected to address quickly.
May 20, 2013
Wiley Rein Lures Enviro Pro From Van Ness Feldman

A veteran natural resources attorney has jumped to Wiley Rein LLP's environment and safety practice in Washington, D.C., after more than a decade as partner at Van Ness Feldman LLP, the 275-attorney Wiley Rein announced Monday.
May 20, 2013
Agencies Deserve Deference On Jurisdiction, Justices Say

The U.S. Supreme Court ruled Monday that courts should apply a deferential standard of review toward a federal agency's definition of its own jurisdiction, siding with the Federal Communications Commission in a fight with local government agencies over zoning rules for wireless facilities.
May 20, 2013
Conrail Faces 2 New Suits Over NJ Derailment, Spill

The deluge of litigation against Consolidated Rail Corp. and others over a November train derailment and resulting vinyl chloride spill in Paulsboro, N.J., continued Friday, when more than 120 individuals, including six first responders, filed two separate suits in Pennsylvania state court.
May 20, 2013
Canada Says FERC Must Halt Maine LNG Terminal Project

Canada's ambassador to the U.S. told the Federal Energy Regulatory Commission on Friday that a liquefied natural gas terminal project planned off Maine's coast cannot go forward, citing environmental and safety risks posed by builder Downeast LNG's proposal.
May 20, 2013
Transocean Seeks Delay Of Spill Doc Deadline Amid Appeal

Transocean Ltd. on Monday urged a Texas federal judge to postpone a Wednesday deadline to turn over information related to the 2010 Deepwater Horizon oil spill to the U.S. Chemical Safety Board, arguing the deadline would render moot its appeal of the order to cough up the materials.
May 20, 2013
Alaska Village's Climate Suit Hits High Court Dead End

The U.S. Supreme Court on Monday declined to take up an Alaskan village's public nuisance lawsuit blaming Exxon Mobil Corp. and other energy companies for making the area uninhabitable by releasing greenhouse gas emissions that have contributed to global warming.
May 17, 2013
Donziger Attys Free To Exit Chevron Racketeering Suit

Attorneys for Steven Donziger, the lawyer seeking to enforce a $19 billion pollution judgment against Chevron Corp. over drilling activities in Ecuador, got the green light on Friday to withdraw from the oil giant's racketeering suit against Donziger.
May 17, 2013
Revised Federal Fracking Rule Gives Industry Breathing Room

While oil and gas operators may grumble about the Obama administration's revised hydraulic fracturing rule creating another layer of regulations, attorneys say the industry should be pleased that the current version strives for greater harmony with well-established state regulations and imposes less onerous requirements than the previous edition.
May 17, 2013
Texas Joins Other Gulf States, Hits BP With Deepwater Suit

Texas became the fifth state to take BP PLC to court over the massive Deepwater Horizon oil spill, lodging an enforcement action against the company Friday demanding civil penalties and economic damages caused by the estimated 4.9 million barrels of oil released into the Gulf of Mexico.
May 17, 2013
CH2M Can't Get Additional Fees For $2.7B Cleanup, DOE Says

A review conducted by the U.S. Department of Energy over a $2.7 billion contract awarded to a CH2M Hill company for environmental cleanup of the Idaho National Laboratory nuclear research facility site has found that the contractor isn't entitled to additional fees based on the contract's nontarget work.
May 17, 2013
Monsanto's Modified Alfalfa Isn't 'Plant Pest,' 9th Circ. Says

The Ninth Circuit on Friday cleared the way for widespread cultivation of Monsanto Corp.'s genetically modified alfalfa, agreeing with a trial judge that federal regulation of the plant cannot continue because it is not a “plant pest” that will damage or injure other plants.
May 17, 2013
9th Circ. Allows Expert Testimony In Pepsi Toxic Tort

The Ninth Circuit on Thursday overturned the exclusion of expert testimony made on behalf of two women suing PepsiAmericas Inc. and others over their alleged exposure to toxic chemicals from a chrome-plating plant, ruling it was better left for consideration at trial.
May 17, 2013
Enviro Group Loses Challenge To EPA Permit Regulation

A Washington, D.C., federal judge on Thursday axed the National Wildlife Federation's Administrative Procedure Act suit against the U.S. Environmental Protection Agency challenging a regulation governing some water discharge permits, finding the group had not pointed to a final agency action that applied the regulation.
May 17, 2013
Sullivan & Worcester Snags Leading Energy Finance Partner

Sullivan & Worcester LLP has bolstered its environment, energy and natural resources group in its Washington, D.C., office with a veteran lawyer experienced in attracting moneyed partners while designing renewable energy project financings, the law firm announced Thursday.
May 17, 2013
Bill Would Up Domestic Ethanol By Easing Cellulosic Mandate

A pair of U.S. senators on Thursday became the latest lawmakers to push for reforms to the federal renewable fuels standard program, introducing a bill aimed at allowing more domestic ethanol to be blended into the fuel supply by removing incentives for foreign ethanol imports.
May 17, 2013
Enviros Sue To Block Tenn. Mountaintop-Removal Projects

Environmental groups including the Sierra Club sued the U.S. Interior Department in Tennessee federal court on Thursday, claiming the agency approved two mountaintop-removal coal mining projects in the state without properly considering their impact on two protected species of fish.

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Expert Analysis

An Opportunity To Limit Prop 65 Abuse

The long-awaited proposed reforms to California's Proposition 65 are welcome and needed as they would greatly reduce the number of frivolous Prop. 65 lawsuits and alleviate the defense costs for manufacturers, says Mark Johnson of Alston & Bird LLP.
Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
The Oil And Gas Operator's Texas Advantage

The interpretation by the Supreme Court of Texas in Reeder v. Wood County Energy LLC grants vast protection to oil and gas operators, but by doing so, it is perceived by some as muddling the differences between tort and contract law, says Michael Bolton and Kate Kalanick of Faegre Baker Daniels LLP.
Know Your Risks Before Going Green In Construction

Although there are benefits to “going green” in the construction, development and operation of buildings, there are also risks unique to green building that will test the boundaries of coverage under typical liability insurance policies, say attorneys with Sedgwick LLP.
4th Circ. Weighs In On Bona Fide Purchaser Defense

The Fourth Circuit recently issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that may limit the availability of the bona fide prospective purchaser defense. By narrowly construing one of the elements of the BFPP defense, the court has underscored the importance of strict compliance with all requirements of the defense, say attorneys with K&L Gates LLP.
Get Ready For Stricter RMP Enforcement

The recent $4 million settlement by Tyson Foods Inc. represents one of the largest penalties for a stand-alone risk management program enforcement case since the provision was added to the Clean Air Act in 1990. This case also exemplifies the U.S. Environmental Protection Agency’s increasing focus on RMP compliance and its intention to seek ever-larger penalties for RMP violations, say attorneys with Kilpatrick Townsend Stockton LLP.
Another Challenge To Calif. Cap-And-Trade Law

The California Air Resources Board has again been sued over its implementation of the Global Warming Solutions Act in Morning Star Packing Co., et al. v. CARB, which resembles an earlier action brought by the California Chamber of Commerce. Petitioners of both cases face the difficult challenge of convincing the court to derail a massive regulatory scheme that is now well underway, say attorneys with Marten Law PLLC.
The Who, What And Why Of Public-Private Partnerships

Public-private partnerships have been used in a wide range of sectors to provide public services, from power plants and railroads to hospitals and sanitation plants. Yet there are a variety of potential contractual arrangements and the financing of a PPP can be complex, say Maryam Khosharay and Herbert Glaser of Haynes and Boone LLP.
Calif. Chemical Safety Rules Push Constitutional Envelope

Impatience with the pace of Toxic Substances Control Act reform at the federal level is understandable, but substituting individual state action for a perceived lack of federal action may be the classic example of a cure which is worse than the disease. Many think California’s Safer Consumer Product Regulations now prove that, says Ward Benshoof of Alston & Bird LLP.
Latest In EPA's Series Of Aggressive Coal Plant Rules

Recently, the U.S. Environmental Protection Agency announced proposed technology-based effluent limitation guidelines and standards for steam electric power-generating units. These guidelines will certainly impose significant costs, and when coupled with the cost of the EPA’s rules under the Clean Air Act, there can be little question that some coal-fired facilities will close as a result, say attorneys with Latham & Watkins LLP.

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