Environmental

  • November 25, 2014

    KeySpan Prevails In NY Plant Cleanup Coverage Battle

    A New York state jury has found in favor of KeySpan Gas East Corp. in its coverage dispute with Century Indemnity Co. over cleanup costs for polluted manufactured gas plant sites on Long Island, concluding that KeySpan's predecessor provided timely notice to the insurer, according to court documents made public Tuesday.

  • November 25, 2014

    Agency Authority At Stake In High Court Mercury Rule Review

    The U.S. Supreme Court’s surprising decision Tuesday to review the U.S. Environmental Protection Agency’s landmark rule limiting mercury and other toxic emissions from coal- and oil-fired power plants signals increased skepticism over the agency’s regulatory reach, and a reversal could limit the rule-making reach of the EPA and other federal regulators, experts say.

  • November 25, 2014

    Comparing Climatologist To Molester Called Protected Speech

    Prominent climatologist Michael Mann can't bring a defamation suit against two conservative writers who called him “the Jerry Sandusky of climate science” and said his famed global warming study "molested” data, attorneys for the writers told the D.C. Court of Appeals on Tuesday, arguing that the statements are protected by the First Amendment.

  • November 25, 2014

    Coal Mining Co.'s CWA Settlement With Ky. Tossed By Judge

    A Kentucky state judge on Monday rejected two settlement deals between the state of Kentucky and Frasure Creek Mining LLC over alleged violations of the Clean Water Act, saying that a proposed consent decree isn’t in the public interest because its penalties won’t deter future violations.

  • November 25, 2014

    Judge Rips Into Attys In Solyndra Price-Fixing Docs Spat

    A California federal magistrate judge on Tuesday chided attorneys in a price-fixing feud between bankrupt Solyndra LLC and a trio of Chinese solar-panel companies, calling their demand for Solyndra's financial files a “blunderbuss request” and accusing Solyndra of obscuring details on the files it has.

  • November 25, 2014

    NJ City Sues State To Block Protective Dune System

    The city of Margate, New Jersey, on Monday sued the state's environmental regulator and the U.S. Army Corps of Engineers to block construction on a sand dune system designed to mitigate severe weather, one Margate said is too expensive and doesn't fit its unique needs.

  • November 25, 2014

    Gov't Sued For Overdue ‘Hard Look’ At Coal Program

    The U.S. Department of the Interior has failed for decades to analyze the environmental impact of its controversial practice of leasing public land to private parties for coal mining, two environmental nonprofits alleged in D.C. federal court Monday.

  • November 25, 2014

    EPA Must Put Brakes On Review Of Alaska Mine, Judge Says

    A Northern Dynasty Minerals Ltd.-controlled company won a preliminary injunction Monday forbidding the Environmental Protection Agency from taking any steps toward vetoing a mining project in the Bristol Bay area, with an Alaska federal judge saying the order was necessary to prevent irreparable harm.

  • November 25, 2014

    Supreme Court To Hear Challenge To EPA Mercury Rule

    The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's rule limiting mercury and other toxic emissions from power plants, granting requests from 23 states and industry groups that have argued the rule would drive up electricity prices and harm the coal industry.

  • November 24, 2014

    San Diego's $200B Transpo Plan Sinks On Appeal

    A California appeals court on Monday said it was upholding the public's right to have information about the potential environmental consequences of planning decisions, in shutting down a San Diego County agency's appeal of a lower court decision to shelve a $200 billion long-term transportation plan.

  • November 24, 2014

    Honeywell To Pay $10M To Settle NJ Chromium Suit

    Honeywell International Inc. has agreed to pay just over $10 million to settle a class action alleging property damage and health risks caused by chromium pollution in Jersey City, New Jersey, according to a Friday filing in New Jersey federal court.

  • November 24, 2014

    Coke, GSK Must Help Clean Up Ohio Site, Supreme Court Told

    A group of companies including NCR Corp. have asked the U.S. Supreme Court to revive their lawsuit seeking contributions from GlaxoSmithKline LLC, Coca-Cola Enterprises Inc. and others for a cleanup effort at a polluted Ohio landfill, saying the Sixth Circuit improperly decided their claims were time-barred.

  • November 24, 2014

    MDU Resources Unit Pays $200M For ND Wind Farm

    An MDU Resources Group Inc. unit said Monday that it will purchase a 43-turbine wind farm in North Dakota for approximately $200 million.

  • November 24, 2014

    EPA Tells DC Circ. Industry Wrong On High Court GHG Ruling

    The U.S. Environmental Protection Agency told the D.C. Circuit on Friday that a group of states and industry organizations are wrong to suggest that a recent U.S. Supreme Court ruling means the agency must draft new rules before regulating greenhouse gas emissions at existing power plants.

  • November 24, 2014

    NJ Offshore Wind Co. Scrambles To Flip Regulator's Denial

    Fishermen's Energy LLC on Monday pressed for an accelerated review of its appeal challenging the denial of a proposed wind farm off the coast of Atlantic City, New Jersey, contending that the project is at risk of losing $40 million in federal funding.

  • November 24, 2014

    Deepwater Fraudster Deserves Harsh Sentence: 6th Circ.

    The Sixth Circuit on Monday affirmed the 15-year prison sentence of a former Detroit mayoral candidate who was convicted of filing a fake $2.58 million claim for damages suffered in the Deepwater Horizon oil spill, saying the upward variation in his sentence was warranted.

  • November 24, 2014

    Enviro Groups Want To Defend Maui GMO Ban In Court

    The Center for Food Safety and other advocacy groups moved Friday to defend a voter-approved moratorium on the cultivation and testing of genetically engineered crops in Hawaii's Maui County from a legal challenge mounted by Monsanto Co. and a Dow Chemical Co. affiliate.

  • November 24, 2014

    Enviros Blast EPA’s Delay In Revising Metal Emissions Rule

    The U.S. Environmental Protection Agency substituted a weakened power plant emissions standard in a 2012 rule in place of a stronger initial proposal and has ignored environmental groups' petition to reconsider, the groups alleged in D.C. federal court Friday.

  • November 24, 2014

    DOI Taps 12 Bidders For Mass. Offshore Wind Auction

    Twelve clean energy companies will participate in the federal government’s largest-ever offshore wind lease auction, covering 742,000 acres off the Massachusetts coast and set for Jan. 29, 2015, the U.S. Department of Interior said Monday.

  • November 24, 2014

    SunEdison, Renova Plan 1 GW In Brazilian Solar Projects

    Clean energy developer SunEdison Inc. and Brazilian renewable energy generation firm Renova Energia SA said Monday that they’re forming a joint venture to develop, own and operate 1 gigawatt of utility-scale solar projects to serve Brazil's electricity markets.

Expert Analysis

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Gunnison Sage Will Give Energy Something To Grouse About

    Richard T. Stilwell

    Protection of the Gunnison Sage Grouse under the Endangered Species Act in accordance with a recent announcement by the U.S. Fish and Wildlife Service will require a restriction of oil and gas development, including the closure of roads during nesting season and cessation of machinery operation, says Richard Stilwell of Baker & Hostetler LLP.

  • What If States Opt Out Of EPA's Existing Source Rule?

    Scott C. Oostdyk

    The initial legal question surrounding the Obama administration's Clean Power Plan is whether long-standing principles of federalism allow the U.S. Environmental Protection Agency to compel states to enforce a federal program like it — legal precedent establishes that the EPA cannot, say Scott Oostdyk and Duncan Getchell Jr. of McGuireWoods LLP.

  • New ESG Considerations For Private Funds

    Scott W. Naidech

    Evidence demonstrates that there is an increasing focus on environmental, social and governance issues in the private equity industry based in part on investor demands and general public pressure for increased accountability and transparency. In response, frameworks and industry standards for ESG investing are emerging, says Scott Naidech of Chadbourne & Parke LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Europe's Projects Of Common Interest: Part 3

    Tomas Gardfors

    Institutional investors are increasingly interested in Europe's Projects of Common Interest, however, due to constraints, regulatory adaptation will be required to allow private investors to invest directly into transmission system operators in many jurisdictions, says Tomas Gardfors of Norton Rose Fulbright.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Europe's Projects Of Common Interest: Part 2

    Tomas Gardfors

    Despite fundamental differences among "projects of common interest" in Europe's energy market, they face similar challenges in the form of cross-border cooperation, regulatory alignment and asymmetric impacts on EU member states, says Tomas Gardfors of Norton Rose Fulbright.

  • Where Lawyers Impact The Triple Bottom Line

    John Page

    Legal departments are not bystanders in corporate social responsibility efforts. They ensure compliance, infuse ethics into the decision-making process, weigh legal risks and protect the company’s reputation. With increasing business actions to address social issues, it is time for the legal community to get more involved, says John Page, chairman of the board of directors for the Association of Corporate Counsel and chief legal of... (continued)

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.