Environmental

  • August 26, 2016

    SunEdison Wants Class Actions Consolidated In New York

    SunEdison, TerraForm and other defendants in 15 lawsuits brought against the bankrupt solar company urged the Judicial Panel on Multidistrict Litigation on Thursday to consolidate the cases in New York because they share common factual issues, but non-class action plaintiffs countered that the transfer would unnecessarily delay their litigation.

  • August 26, 2016

    Nicklaus-Designed Golf Club Settles Clean Water Act Claims

    Removing a couple of potential water hazards ended up costing a luxurious golf club in Jupiter, Florida, founded by golfing legend Jack Nicklaus, $400,000 to resolve claims of Clean Water Act violations related to filling in protected wetlands, under a settlement recently approved by a Florida federal judge.

  • August 26, 2016

    Gov't Says Biofuel Exec Can't Shake $56M Fraud Conviction

    The federal government told an Indiana federal judge Friday that a former biofuel company executive convicted of hiding a $56 million fraud scheme should not be acquitted, saying there was more than enough evidence to prove the charges against him.

  • August 26, 2016

    Boxer Pushes EPA To Regulate Asbestos Under New TSCA

    The top Democrat on the Senate Environment and Public Works Committee on Friday asked the U.S. Environmental Protection Agency to make regulating asbestos a top priority as it implements the newly revised Toxic Substances Control Act.

  • August 26, 2016

    SEC Slaps Calif. Waste-To-Construction Co. With Fraud Suit

    The U.S. Securities and Exchange Commission targeted California waste-to-construction company Enviro Board Corp. and its co-founders with a fraud suit Friday, alleging they raised $6 million from investors in recent years by lying about the prospects of a company with no revenue.

  • August 26, 2016

    Navistar Calls For Rejection Of ‘New’ EPA Stance In CAA Fight

    Navistar Inc. urged an Illinois federal court on Thursday to ignore arguments made by the U.S. Environmental Protection Agency as to the manufacturer's liability for putting thousands of noncompliant heavy-duty diesel engines into commerce, saying the arguments are “entirely new” and should not be considered.

  • August 26, 2016

    Software Co.'s $20M Suit Claims Merger Misrepresentations

    Software company E2.0 LLC was hit by a $20 million lawsuit Thursday in Delaware federal court claiming the company deceived C3 Inc. in the run-up to the companies’ merger, lying about energy savings associated with its software, opening sham accounts to report false customer usage levels and talking up a shoddy product.

  • August 26, 2016

    Tribes, Greens Ask Obama To Block Dakota Access Pipeline

    Thirty environmental and Native American groups on Thursday asked President Barack Obama to halt construction of the controversial Dakota Access oil pipeline, saying the general permit used to approve the project did not allow for a thorough investigation of the project’s impacts.

  • August 26, 2016

    A Cheat Sheet To The Sioux Fight To Stop The Dakota Pipeline

    With a D.C. federal judge poised to decide whether to halt construction of the $3.8 billion Dakota Access crude oil pipeline through lands sacred to the Standing Rock Sioux Tribe, Law360 offers a cheat sheet on what's at stake in the multifront battle and how one tribe's defiance became a cause celebre that threatens to take down the entire project.

  • August 26, 2016

    Enviro Hits Biomass Co. With Stormwater Pollution Suit

    A nonprofit environmental group hit Blue Lake Power LLC with a lawsuit in California federal court Thursday, alleging unchecked stormwater runoff from the biomass facility sends unlawful amounts of pollution into waters that run to the Pacific Ocean.

  • August 26, 2016

    Pa. Fracking Hopeful Says Court Should Weigh Well Block

    A Pennsylvania landowner asked a federal court Friday not to toss its lawsuit against the Delaware River Basin Commission challenging its refusal to approve an exploratory well while a de facto fracking moratorium is in place, arguing it doesn’t have to take up its case with the commission before heading to court.

  • August 26, 2016

    Obama Expands Hawaii Marine Reserve Into World's Largest

    President Barack Obama on Friday expanded a Hawaiian marine sanctuary by more than 400,000 square miles to make it the largest such reserve on the planet, citing a need to protect wildlife and sacred Native space.

  • August 26, 2016

    3 Key Challenges When Closing A Nuclear Plant

    A fresh wave of nuclear plant closings is sweeping the U.S., bringing plenty of potential financial, environmental and regulatory potholes for plant owners. Here, attorneys identify three key issues facing plant owners that decide to close up shop.

  • August 25, 2016

    Accused Polluter Aids Public Water Plan In NH Town

    Saint-Gobain Performance Plastics is helping a New Hampshire town where it faces a class action over well contamination to extend public water pipelines to hundreds of homes and businesses, according to an announcement Thursday.

  • August 25, 2016

    Green Groups Challenge Feds' Oil And Gas Leases Approval

    WildEarth Guardians and Physicians for Social Responsibility sued the U.S. Department of the Interior and its Bureau of Land Management in D.C. federal court on Thursday, claiming that the approval of nearly 400 leases that allow for drilling and fracking on public lands across three western states flouted environmental law.

  • August 25, 2016

    Wash. Blasts 9th Circ.'s Cross-Border Pollution Decision

    Washington challenged the Ninth Circuit's reversal of a ruling that allowed the state and a confederated tribal nation to sue a Canadian mining company over aerial emissions from a British Columbia smelter, arguing Wednesday that the appellate court "grossly misapprehended" a ruling that it held it was bound by.

  • August 25, 2016

    Challengers Say 7th Circ. Decision Irrelevant To CPP Fight

    Business groups opposed to the U.S. Environmental Protection Agency’s Clean Power Plan told the D.C. Circuit on Thursday that the court rulings the agency has cited to support the plan don’t apply.

  • August 25, 2016

    Exxon Fights Bid For Calif. Superfund Cleanup Contributions

    ExxonMobil Oil Corp. and a heat treating company continued to urge a California federal judge on Thursday to not force them to fund cleanup costs at a central California Superfund site, arguing that a settlement bars them from having to contribute.

  • August 25, 2016

    US Denied Grant Of $4.5M Liability Cap In Superfund Case

    A Wisconsin federal judge on Thursday denied the U.S. government’s request for judgment that its liability in response costs relating to the Lower Fox River Superfund site should be capped at $4.5 million, saying the pleadings stage is not the appropriate time to make that call.

  • August 25, 2016

    US Chamber Backs Murray In EPA Coal Jobs Suit

    The U.S. Chamber of Commerce told a West Virginia federal court Wednesday the Environmental Protection Agency shouldn’t be able to escape a suit in which Murray Energy Corp. alleges the agency ignored the consequences of its air pollution regulations on jobs, saying the Clean Air Act imposes burdens and results in job losses across the energy sector.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • New Truck Emission Rules Offer Advantages And Obstacles

    Christopher D. Jensen

    A recent rule issued by the U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration promises to significantly lower greenhouse gas emissions from medium- and heavy-duty vehicles and aims to achieve the possibility of significant cost savings for fleet owners and operators. However, the new rule will also pose some challenges for the trucking industry, says Christopher Jensen at Hanson Bridgett LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • EPA Clean Water Rule Rests On High Court Army Corps Case

    Kimberly L. Bick

    Even if the U.S. Environmental Protection Agency's clean water rule survives all court challenges and becomes the law of the land, the U.S. Supreme Court's decision in U.S. Army Corps of Engineers v. Hawkes may impact its eventual implementation, because the decision would be applied to the category of waters in the rule known as “significant nexus” waters, says Kimberly Bick at Bick Law LLP.

  • Discovery Rule Resurrects Fraud Claim On NJ Property Sale

    Katharine A. Coffey

    A New Jersey state appeals court's recent decision in Catena v. Raytheon Company reinforces the equitable nature of the discovery rule applied to common law fraud claims in connection with the sale of commercial real property, and highlights the importance of proper disclosures, particularly when the property has a history of stigma, lest the seller be faced with liability, say Katharine Coffey and Christopher John Stracco at Day Pitney LLP.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.