The decision of whether to approve the controversial Keystone XL pipeline now rests with the Obama administration after the public comment period wrapped up on Friday, but experts say the politically charged review process will make future cross-border pipeline permitting a lengthier, more publicized affair that could discourage all but the most patient and deep-pocketed of energy companies.
The Sixth Circuit nixed a suit accusing the U.S. Army Corps of Engineers of improperly granting Leeco Inc. permission to discharge coal-mining materials into Kentucky streams on Friday, finding that the agency had adequately considered the activity's public health impact before issuing the permit.
The U.S. Environmental Protection Agency on Friday floated new greenhouse gas reporting and confidentiality rules, issuing a proposal revising monitoring and data disclosure requirements for the petroleum and natural gas systems source category.
By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.
The Pennsylvania Commonwealth Court on Friday said it lacked jurisdiction over a series of suits that an oil and gas industry services provider brought against three municipalities alleging that their seismic testing ordinances violated the state’s recent high-profile legislation regulating gas drilling.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
RES has become the latest U.K. biomass power producer to drop plans for a power station after citing issues with uncertain U.K. energy policy, announcing Thursday that it has stopped work on a £300 million ($502 million) biomass power station project in northern England.
Environmental groups on Friday appealed a ruling issued by a Florida federal judge in favor of the U.S. Environmental Protection Agency permitting the state to set its own water pollution limits, saying Florida’s pollution regulations do not meet Clean Water Act requirements.
The West Virginia House of Delegates on Wednesday passed chemical storage tank legislation that was previously approved by the state Senate, in response to the devastating chemical spill earlier this year that left 300,000 people without water for several days.
Duke Energy Progress Inc. must take immediate action to stop groundwater contamination caused by its 14 North Carolina power plants, a state judge ruled on Thursday, finding that a state environmental commission had misinterpreted a regulation pertaining to coal ash ponds.
The U.S. Environmental Protection Agency is committed to rolling out regulations for coal-fired power plants later this year that will reduce carbon emissions without threatening energy reliability or impairing the industry’s ability to turn a profit, the agency’s head regulator said Thursday at a Texas energy conference.
A Texas lawmaker asked the state attorney general's office for a formal opinion finding that plastic bag bans enacted by Austin and eight other Texas cities violate state law, according to a letter released Thursday.
The U.S. Environmental Protection Agency's internal watchdog released a report Wednesday chiding the agency for its minimal oversight of purchase cards, finding that more than half the $150,000 in transactions sampled by investigators were used inappropriately.
A New Jersey appeals court this week rejected a bid by the Natural Resources Defense Council and the New Jersey Conservation Foundation to join an appeal over LG Electronics USA Inc.'s planned $300 million North American headquarters in Englewood Cliffs, N.J., the company said Thursday.
A Berkshire Hathaway Inc. subsidiary slapped Transatlantic Reinsurance Co. with an amended complaint in Nebraska federal court Thursday, resisting TransRe's efforts to pull it into a yearlong arbitration with Continental Insurance Co. based on its reinsurance agreement covering Continental's legacy asbestos and environmental liabilities.
The U.S. Environmental Protection Agency's inspector general on Wednesday criticized the agency for allegedly impeding the investigation of a former EPA official who pled guilty to stealing nearly $900,000 from the agency while posing as a CIA operative.
Duke Energy Inc.'s renewable energy arm said Thursday that it had bought a pair of 20-megawatt solar projects in California from Australia-based renewable developer Infigen Energy for an undisclosed price, giving the energy giant four utility-scale solar projects in the Golden State.
A Pennsylvania environmental group Wednesday led a group of residents in urging Kentucky-based RAMACO to drop plans to develop an underground coal mine in Washington County and petitioning state regulators to withhold permits.
Oil and gas companies should reveal all known substances added to fluids used in hydraulic fracturing and avoid seeking trade secret exemptions to shield the information from the public, a U.S. Department of Energy advisory panel said in a report released on Wednesday.
A group of New York landowners recently filed a petition seeking to compel the state government to issue its final impact statement on the effects of fracking, after more than five years of waiting. Despite the lawsuit, the wait for an answer on fracking in New York will likely continue, and for those outside New York waiting to hear about the environmental and health effects of fracking, the wait may prove to be even longer, says Emily Pincow of Weil Gotshal & Manges LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
The First Circuit's recent decision in In re Munce’s Superior Petroleum Products Inc. is consistent with other circuits in concluding that noncompensatory environmental fines should receive administrative priority under the Bankruptcy Code. The decision, however, is at odds with other courts that have addressed the treatment of prepetition violations that result in post-petition penalties, say attorneys at Lowenstein Sandler LLP.
In a decision of national importance, the Ninth Circuit recently rejected environmental challenges to the 20-mile Honolulu Rail Transit Project. The decision is significant because it is based, in part, on recent federal legislation aimed at simplifying the complex and lengthy environmental process governing new highway and transit projects, says Robert Thornton of Nossaman LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
With experts predicting that train derailments involving oil spills may increase over the next decade, the insurance industry must be prepared to address this new coverage threat. While first-party property coverage may respond to these spills, the largest insurance coverage claims may arise from third-party liability insurance related to the cleanups and bodily injuries — and, based on their damage policy limits, exhaustion could occur quickly, says Seth Jackson of Zelle Hofmann Voelbel & Mason LLP.
The Ninth Circuit's decision limiting the rights of insurance companies to recover payments made for environmental cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act is likely to be cited as one of the more definitive CERCLA decisions in recent years, and now with the U.S. Supreme Court's denial of certiorari, it is effectively nationwide precedent, says Kevin Haroff of Marten Law PLLC.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
The U.S. Environmental Protection Agency's recent guidance on diesel fracking has prompted cheers from environmentalists and fears from industry that it portends agency enforcement for past failures to obtain permits. But a review of the guidance’s statutory, scientific and policy context suggests that neither view is correct, says Bernadette Rappold of McGuireWoods LLP.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.