TerraForm Global Inc., a clean energy-focused yieldco and a unit of SunEdison, slashed its initial public offering expectations on Friday, raising $675 million instead of a targeted $1.13 billion, which would have been one of the largest U.S. public debuts so far this year.
The American Farm Bureau Federation called on the U.S. Environmental Protection Agency to withdraw its controversial Waters of the United States rule, alleging Friday that recently disclosed U.S. Army Corps of Engineers memos show “falsehood and dysfunction” reigned during the rule-making process.
The U.S. Judicial Panel on Multidistrict Litigation has merged before the Sixth Circuit a dozen lawsuits challenging the controversial new U.S. Environmental Protection Agency rule clarifying which U.S. waterways are subject to federal jurisdiction.
A Florida conservation group filed suit Friday in state court against the Florida Fish and Wildlife Commission challenging the constitutionality of its new rules regarding bear hunting, including a hunt the agency plans to allow this October.
The California Construction Trucking Association has asked the U.S. Supreme Court to weigh in on whether a federal court can oversee its challenge to a state regulation requiring certain diesel trucks to undergo emissions upgrades, saying that the suit has no bearing on the state's federally approved air quality plan.
A Florida grocery store chain’s putative class action alleging emission controllers in Mitsubishi Fuso Truck of America’s truck engines were defective survived Thursday when a New Jersey federal judge denied most of the truck makers’ motions to strike class allegations and breach of warranty claims.
A total of 10 companies — two energy companies, two health-conscious private equity-backed companies, four life sciences companies and two holdovers — are ready to go public during the first week of August, together targeting $1.4 billion before an end-of-summer slowdown.
The Fifth Circuit preserved a $25.4 million win for oilfield operator Cox Operating LLC in a coverage suit for damage from Hurricane Katrina on Thursday, rejecting an insurer's argument that the lower court misread Texas insurance law when it calculated interest.
The Sixth Circuit ruled Thursday that Goodyear Tire and Rubber Co. cannot recoup approximately $2 million in legal expenses related to defending an environmental cleanup suit brought by Lockheed Martin Corp., saying they’re outside the scope of an indemnification agreement.
The Makah Indian Tribe told a Washington federal judge Thursday that fishing zones proposed by the Quinault and Quileute tribes in the Pacific Ocean go too far beyond the area adjudicated by the court in keeping with their ancestral fishing grounds.
San Francisco is not authorized to sue the U.S. Department of Transportation on claims the agency failed to enforce natural gas pipeline safety rules that led to a deadly 2010 explosion, the Ninth Circuit said Thursday, affirming a lower court.
The decision to approve or reject New Jersey's proposed $225 million payout from Exxon Mobil Corp. to settle natural resource damage claims will wait another month because there's “a lot to consider,” a judge said Thursday after six hours of testimony by the deal's advocates and opponents.
The Montana Supreme Court on Wednesday upheld a lower court decision tossing a suit by members of the Crow Nation over water rights on their reservation, saying the lower court had rightly decided not to stay the case while the members’ federal complaint was pending.
A New Jersey lawmaker on Wednesday responded to the “tragic demise” of Cecil — a beloved African lion hunted down in Zimbabwe by a Minnesota man in early July — by proposing legislation to ban the transport of game trophies of threatened or endangered species through New York and New Jersey's major airports.
A New Jersey appeals court Thursday gave CD&L Realty LLC another shot at suing the state Department of Environmental Protection to take action against the previous owner of a contaminated industrial property that CD&L purchased in 2000.
An Alaska federal judge said Thursday that Greenpeace Inc. is in civil contempt and will be fined thousands for every hour its activists hang off the St. John's Bridge in Portland, Oregon, preventing Royal Dutch Shell PLC's ship from leaving.
U.S. House lawmakers on both sides of the aisle are weighing in on the Obama administration's plan to tighten national ozone standards, with Republicans claiming a tougher standard would be economically crippling and Democrats pushing for the strictest standard possible to protect public health.
A Native American tribe and the Sierra Club on Tuesday asked a Nevada federal judge to approve a $4.3 million settlement with Nevada Power Co. and a co-owner of the coal-fired energy plant, which the tribe said leaked toxic materials into its land and drinking water.
The Center for Biological Diversity on Thursday urged a state judge to block California oil and gas regulators from issuing hydraulic fracturing permits, claiming they ignored a state-ordered study that found some chemicals used in the controversial drilling technique may be harmful.
A California federal judge on Wednesday let the government off the hook for cleanup costs at a site in San Diego where defense products were built for 60 years, holding that TDY Industries Inc. would have to fully cover the costs of clearing harmful chemicals out of the soil.
Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.
After the D.C. Circuit's recent ruling in EME Homer City Generation LP v. U.S. Environmental Protection Agency, the EPA can continue to implement its Cross-State Air Pollution Rule for the foreseeable future, including imposing state emission budgets for sulfur dioxide and nitrogen oxide that have now been ruled invalid, say Thomas Lorenzen and Robert Meyers of Crowell & Moring LLP.
Despite the media attention surrounding a recent University of Pennsylvania study linking increased hospital visits for cardiac and neurological complaints with hydraulic fracturing, it is unlikely to significantly help plaintiffs looking to establish causation, say Harry Weiss and Philip Yannella of Ballard Spahr LLP.
Unless corporate policy is absolute, in-house counsel should advocate for use of the work-product privilege when conducting U.S.-based internal investigations. A company can always choose to waive the privilege if it decides to disclose its finding to the government — but it loses that option if it never invokes the privilege in the first place, say attorneys at Alston & Bird LLP and Tervita Corp.
By ruling in favor of the U.S. Environmental Protection Agency in American Farm Bureau Federation v. EPA, the Third Circuit gave the agency wide latitude in using the Total Maximum Daily Load process to regulate nonpoint sources of pollution, which typically are regulated by the states, say Laura Wolff and Marc Bruner of Perkins Coie LLP.
U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.
The Sabine Pass Liquefaction LLC rehearing order suggests that the Council on Environmental Quality's draft guidance concerning climate change analysis from federal agencies will not change the calculus of environmental impact analyses from the Federal Energy Regulatory Commission under the National Environmental Policy Act, insofar as it concerns greenhouse gases, say Gus Howard and Howard Nelson of Greenberg Traurig LLP.
The fallout from overlooking telecommunications licenses — an essential element of infrastructure deals — can be at best inconvenient and at worst very costly, says Burt Braverman of Davis Wright Tremaine LLP.
Texas' cap on local fines and penalties from environmental litigation is one of the first in the country. While H.B. 1794 does not limit the state’s authority to bring actions, recover penalties or limit any authority — state or local — to pursue criminal actions for environmental infractions, it will provide predictability in enforcement and will often lead to greater compliance, says Gerald Pels of Locke Lord LLP.
Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.