The U.S. government can conduct discovery before it defends a summary judgment bid in a closely watched case brought by a wind farm operator suing over $226 million in unpaid tax credits arising from the American Recovery and Reinvestment Act of 2009, a U.S. Court of Federal Claims Judge has ruled.
Gordon & Rees LLP said Wednesday that it has strengthened its Philadelphia office with the addition of a former Weber Gallagher Simpson Stapleton Fires & Newby LLP attorney who will practice in the firm’s environmental, construction, drug and medical device, international, and tort and product liability groups.
A New York appeals court on Wednesday partially dismissed the Suffolk County Water Authority’s suit alleging Dow Chemical Co., E.I. du Pont de Nemours and Co. and others contaminated 151 wells with perchloroethylene, finding the statute of limitations on some claims has passed.
The White House Rural Council launched a $10 billion investment fund Thursday that aims to pull private equity, pension funds and other institutional investors into U.S. rural infrastructure projects, including improvements to hospitals, schools, broadband, energy and regional food and water systems.
The United Kingdom said Thursday it will budget more than £200 million ($340.1 million) a year in renewable energy subsidies for competitive bidding among private companies, part of the country's broader push toward low-carbon electricity to meet European emission targets.
An Illinois federal judge dismissed a securities class action against truck giant Navistar International Corp. on Wednesday, saying the complaint was too sparsely detailed to support fraud allegations in connection with the company's statements about its progress developing a U.S. Environmental Protection Agency-compliant clean engine.
The city of Miami Beach, Florida, on Wednesday outlawed styrofoam food containers in all city facilities, including parks and beaches, as well as at sidewalk cafes, becoming the first municipality in the state to pass such a ban.
A divided Illinois appeals court on Tuesday upheld a state regulator’s plan to help fund the $1.7 billion FutureGen 2.0 clean coal power plant through a rate hike on electricity customers, turning back a challenge from Commonwealth Edison Co. and industry groups.
A Texas appeals court on Wednesday said a group of citizens who petitioned the Texas Commission on Environmental Quality to reduce greenhouse gas emissions can’t challenge the denial of their petition in court under the state’s Administrative Procedure Act.
The U.S. trustee’s office on Wednesday urged a Delaware bankruptcy judge to reject GSE Environmental Inc.’s proposed reorganization, saying the Chapter 11 plan includes an employee bonus program that doesn’t pass muster under the Bankruptcy Code.
A New York federal judge has approved a consent decree between DuPont Co. and the U.S. Environmental Protection Agency that forces the company to cough up a $440,000 penalty to resolve allegations of Clean Air Act violations at a chemical manufacturing facility.
Gas industry service provider Geokinetics USA Inc. on Tuesday sued a Pennsylvania municipality in federal court to challenge a local ordinance preventing it from conducting seismic testing on more than 200,000 acres in Greene County.
Environmentalists said Wednesday they would meet next week with New York officials tasked with making sure spending authorities act in the public interest as they keep up a full-court press over what they characterize as an illegal, $256 million raid on a clean-water fund to finance the new Tappan Zee bridge.
Seven research teams throughout New York have been awarded a total of $3.3 million to go toward projects that will improve and modernize the state's electric grid, Gov. Andrew Cuomo said Wednesday.
The Tenth Circuit on Wednesday rejected an environmental group's bid to nix a federal implementation plan for a New Mexico power plant, ruling that the U.S. Environmental Protection Agency did not have a duty to consult with federal wildlife regulators before setting hazardous air pollution requirements.
An Xcel Energy Inc. unit can intervene in a suit brought by a coalition of conservation groups to force the U.S. Environmental Protection Agency to mandate stricter controls at one of the utility’s power plants in Minnesota, the Eighth Circuit ruled Wednesday.
A New Jersey renewable energy company was hit Tuesday with a securities class action filed by a stockholder who said he lost money when the company’s stock plummeted due to a top executive’s termination and the collapse of a $217 million Australian wave-power project.
U.S. Environmental Protection Agency Administrator Gina McCarthy on Wednesday faced pointed attacks from Senate Republicans over the agency's controversial proposal to cut carbon emissions from existing power plants by 30 percent, with lawmakers saying the agency has no legal power to issue the rule.
A West Virginia federal judge on Tuesday found Alex Energy Inc. liable for violating the Clean Water Act and the Surface Mining Control and Reclamation Act by discharging pollutants at a West Virginia platinum mine into the Gauley River, ruling in favor of Sierra Club and two other environmental groups.
President Barack Obama on Tuesday nominated candidates with legislative and regulatory experience to fill two positions on the U.S. Nuclear Regulatory Commission.
In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.
For corporate lawyers, Russia’s renewable energy incentive program may provide opportunities given significant need among Russian companies to establish joint ventures and their inexperience with successfully and cost-effectively executing renewable energy projects, say Alex Blomfield and Alexandra Rotar of King & Spalding LLP.
A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.
Public and private entities, including the state of Wyoming, have raised an issue of first impression as to whether the U.S. Environmental Protection Agency has the authority to determine an Indian reservation's boundaries under the Clean Air Act — the result could lead to a departure from established regulatory principles and should be of interest to entities operating on or near reservations, say attorneys at K&L Gates LLP.
Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.
The obvious participants in California's recycled water program will be municipal wastewater treatment plants that already have the equipment and expertise to comply with treatment regulations — the program may even prove a good source of extra income for such facilities while they save scarce freshwater sources, says Alison Torbitt of Nixon Peabody LLP.
Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.
The U.S. Environmental Protection Agency may adopt starkly different approaches toward regulating nonhazardous pharmaceuticals and pharmaceuticals containing hazardous ingredients, with additional inconsistencies between health care facilities and other retailers — a regulatory nightmare for industry, say Jonathan Wells and Elise Paeffgen of Alston & Bird LLP.
Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.
The Texas Supreme Court's recent ruling in Marcia Fuller French v. Occidental Permian Ltd. upheld the settled expectations of parties to oil and gas leases and confirmed they apply even with respect to enhanced recovery operations — welcome news to lessors with such operations, say Stephanie Kinzel-Tapper and Carter Williams of Sutherland Asbill & Brennan LLP.