Environmental

  • April 29, 2016

    BREAKING: Texas High Court Nixes Houston Air Quality Law

    The Texas Supreme Court said Friday that a Houston air quality law is preempted by the state's Clean Air Act, handing a victory to energy companies and other industrial groups that had challenged the law.

  • April 28, 2016

    California To Seek $90M From PG&E For Deadly Wildfire

    California state fire officials have determined that negligence or wrongdoing on the part of a PG&E Corp. unit caused a massive wildfire in Northern California last year resulting in two deaths, saying Thursday the state will seek to recover more than $90 million in firefighting costs.

  • April 28, 2016

    Tribe, Enviros Say Win In Alaska Forest Case Warrants Fees

    A Native American tribe and several environmental groups have requested nearly $700,000 in attorneys' fees from the federal government after winning a fight over the U.S. Department of Agriculture’s decision to drop protections against road construction and timber harvesting in Alaska’s Tongass National Forest.

  • April 28, 2016

    Counsel Row Resolved In $70M Wind Energy Award Suit

    An investor dispute about hiring and firing counsel that derailed a wind energy venture's pursuit of a $70 million arbitral award from a Chinese former business partner has been resolved, according to a Thursday filing in Texas federal court.

  • April 28, 2016

    Appvion Resists Feds' Judgment Bid Over Fox River Cleanup

    Paper coating company Appvion Inc. on Thursday told the Wisconsin federal judge overseeing the Lower Fox River Superfund site litigation it should be allowed to recover some of its cleanup costs from the federal government.

  • April 28, 2016

    Tax Court Spikes $16M Golf Course Easement Deduction

    The U.S. Tax Court on Thursday said a partnership that owned Missouri golf courses could not take a $16.4 million deduction for donating golf course land for conservation purposes because banks that had lent the partnership money had an interest in the land.

  • April 28, 2016

    Enviros Threaten Suit Over Nitrogen, Sulfur Emission Plans

    Environmental groups on Wednesday threatened to sue the U.S. Environmental Protection Agency for blowing a deadline to revise national limits on emissions of nitrogen and sulfur oxides, key components of acid rain, ozone and soot.

  • April 28, 2016

    Vet Groups Sue VA Seeking Water Contamination Benefit Docs

    The U.S. Department of Veterans Affairs is dragging its feet on handing over records on a program that veterans groups say has been giving Marines and their families who lived on a military base with a contaminated water supply short shrift on their disability benefits, the groups said in a suit filed Wednesday.

  • April 28, 2016

    Mexican Wolf Allies Get FWS To Promise A Recovery Plan

    The U.S. Fish and Wildlife Service has agreed to make a recovery plan for the Mexican gray wolf, resolving lawsuits brought by the state of Arizona and environmental groups who said the service should have done it decades ago.

  • April 28, 2016

    Oil Pipeline Spill Case In Wrong Court, Oil Groups Say

    Two oil industry groups on Wednesday voiced their support for the U.S. Department of Transportation's argument that the National Wildlife Federation's lawsuit over oil spill response plans for underwater pipelines belongs in the D.C. Circuit, not the Michigan federal court where it currently lies.

  • April 28, 2016

    Green Bonds Soar Despite Uncertain Legal Environment

    Green bonds are blossoming as more issuers tout their environmental savvy to like-minded investors amid growing pressure to curb carbon footprints, boosting a market niche that lawyers expect will continue to expand despite the absence of a concrete legal framework.

  • April 28, 2016

    Mayors Urge Obama To Speed Up Methane Regulations

    Dozens of mayors and county commissioners from across the country have asked President Barack Obama to prod the U.S. Environmental Protection Agency to speed up its effort to reduce methane emissions from existing, new and modified sources in the oil and gas sector.

  • April 28, 2016

    Volkswagen Faces Criminal Probe On The Road Ahead

    Volkswagen's civil settlement with the U.S. Department of Justice and hundreds of consumers over the emissions scandal means that many of its woes will soon be in the rearview mirror, but there are still obstacles ahead for the tarnished automaker when it comes to criminal penalties.

  • April 28, 2016

    Senate Dems Continue Filibuster On $37B Spending Bill

    Senate Democrats on Thursday refused for the second day in a row to let a $37.5 billion bill funding federal energy, water development and certain weapons programs for 2017 move forward, amid continued concern over a proposed amendment aimed at the administration’s recent nuclear deal with Iran.

  • April 28, 2016

    EPA Says Enviros Can't Get Quick Water Quality Standards

    The U.S. Environmental Protection Agency on Wednesday told a Washington federal judge that environmentalists who have pushed for new water quality standards to be put in place within 30 days have not shown that type of relief is warranted.

  • April 28, 2016

    Uranium Plant, Enviros Clash Over Radon Emissions Liability

    An environmental group told a Utah federal judge Wednesday that holding a uranium processing facility liable for unlawful radioactive emissions is a slam dunk, while the plant's owners said the group's suit attempts to circumvent long-standing regulation of the facility by federal and state agencies.

  • April 28, 2016

    Petroterminal Entitled To $2M Defense Costs, 2nd Circ. Told

    Oil handling and storage company Petroterminal de Panama SA urged the Second Circuit Wednesday to reverse a New York federal court's ruling that it must repay its insurers for nearly $2 million in defense costs they shelled out in a suit tied to an oil spill at one of its facilities, arguing that the policies don't allow for reimbursement.

  • April 28, 2016

    Rising Star: Squire Patton Boggs' John Lazzaretti

    Squire Patton Boggs LLP senior associate John Lazzaretti’s high-profile work on the front lines fighting for Murray Energy against the Obama administration’s environmental policies has earned him a spot as one of four environmental attorneys on this year's list of Rising Stars.

  • April 27, 2016

    22 Firms Win Top Marks From GCs On AFAs

    Twenty-two law firms are the cream of the crop when it comes to delivering alternative fee arrangements, according to a new report. Here’s what clients say sets them apart and how the firms say they make it work.

  • April 27, 2016

    Both Sides Seek To Pause FCA Suit Over $4.5B Cleanup

    A hazardous waste transportation company that claims it was wrongly denied work at a decommissioned nuclear site and the prime contractor tasked with cleaning up the site both asked a Washington federal court Tuesday to put their False Claim Act fight on hold until the U.S. Supreme Court rules on another FCA case.

Expert Analysis

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Compromise In Congress Over Bipartisan Energy Reform

    Henry A. Terhune

    The Energy Policy Modernization Act was recently approved by the U.S. Senate, and although it contains some potentially controversial provisions, the bill reflects significant bipartisan cooperation that has been somewhat rare in Congress in recent years, especially with respect to energy and environmental policy, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • Statutes Of Repose In Environmental Litigation After CTS

    Anthony B. Cavender

    A recent Fourth Circuit decision, Stahle v. CTS Corp., has again focused attention on the unique role that statutes of repose can play in environmental litigation, says Anthony Cavender at Pillsbury Winthrop Shaw Pittman LLP.

  • In Congress: Trade, Privacy, Fiscal Year 2017

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    Before both chambers adjourn at the end of this week, the Senate will continue working its way through fiscal year 2017 appropriations bills, with final consideration of the Energy and Water bill expected Tuesday. The House will tackle a number of legislative items, including several related to trade and business practices. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP share the weekly congressional snapshot.

  • Challenges To State E-Waste Laws Face Tough Battle

    Joseph S. Kakesh

    As recently demonstrated by a federal district court in Connecticut, because states have a relatively easy standard to meet when proving that e-waste recycling programs match state interests, it's not clear that future challenges to such programs on equal protection bases will be successful at the trial court level, says Joseph Kakesh at Wiley Rein LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • A Review Of Gov't Cases Against Execs In Q1

    Kirby Behre

    In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant cases and government investigations that affected corporate executives in the first three months of 2016.

  • Why Earth Day Is Everyone’s Business

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    The concept of sustainability is no longer just a fad. The effects of climate change have become more dire. This Earth Day, all of us in the environmental law community and beyond need to collectively rise to the challenge of climate change and help our clients and communities embrace the new regime of sustainable enterprise, says Remi Moncel at O’Melveny & Myers LLP.

  • From Gov't To Firm, Happily: Changing Careers Midstream

    David M. Edelstein

    Starting a job search when you work in the federal government is different from the way you would approach it in the private sector. Based on his own experience, David Edelstein at Vorys Sater Seymour and Pease LLP shares what every attorney should consider when thinking about making a similar move midcareer.