Environmental

  • December 10, 2016

    Water Projects Bill Passes Despite Enviromental Concerns

    In the last vote of the 114th Congress, the Senate passed a major water projects bill in the early hours of Saturday morning, despite Democratic objections on provisions they said targeted environmental protections and removed “buy American” requirements.

  • December 9, 2016

    After Miner Benefit Feud, Gov’t Funding Passes Congress

    A bill extending funding for the federal government passed in Congress shortly before the previous funding bill would have run out at midnight Friday, overcoming Democrats' objections that an extension of miners' benefits was too short.

  • December 9, 2016

    Companies Fight EPA’s Superfund Listing In DC Circ.

    Three companies petitioned the D.C. Circuit this week to review the U.S. Environmental Protection Agency’s placement of sites in Indiana and Colorado on the Superfund list of contaminated places.

  • December 9, 2016

    Mass. AG Turns To 5th Circ. To Stave Off Exxon Deposition

    Massachusetts Attorney General Maura Healey is pushing the Fifth Circuit to scrap a Texas federal judge’s plans to let Exxon Mobil Corp. examine the motives behind her investigation into the company’s past statements about climate change, urging the appeals court to act quickly to scuttle a deposition she has been ordered to give on Tuesday.

  • December 9, 2016

    Wind Firm's $215M Ch. 11 Takeover Confirmed

    Multistate wind energy producer Noble Environmental Power LLC breezed through its Chapter 11 plan confirmation Friday, securing Delaware bankruptcy court approval for a $215 million debt rework that will leave all of the company's equity in the hands of an interest of IT pioneer Michael Dell.

  • December 9, 2016

    Wash. Congresswoman Likely Choice For Interior Secretary

    President-elect Donald Trump is expected to nominate Rep. Cathy McMorris Rodgers, R-Wash., a longtime supporter of energy development and the highest-ranking Republican woman in Congress, as head of the U.S. Department of the Interior, according to published reports Friday.

  • December 9, 2016

    FERC Won't Reconsider $7.5B Jordan Cove LNG Project

    The Federal Energy Regulatory Commission on Friday denied a request to reverse its rejection of a $7.5 billion liquefied natural gas export project in Oregon, saying the additional evidence of investor interest was too little, too late.

  • December 9, 2016

    FERC Ignored Pipeline's Impact On Minorities, DC Circ. Told

    The Sierra Club and other environmental groups told the D.C. Circuit on Friday that the Federal Energy Regulatory Commission didn’t properly consider the impacts of the proposed $3.5 billion Southeast Market Pipelines Project on minority and low-income communities when approving the project.

  • December 9, 2016

    K&L Gates Adds Enviro And Regulatory Partner In NC

    K&L Gates LLP said Thursday it has added a seasoned partner from Womble Carlyle Sandridge & Rice LLP to its Research Triangle Park offices in North Carolina, helping to boost the firm’s environmental and regulatory practices.

  • December 9, 2016

    2nd Circ. Poised To Clear Conn. For Clean Power Contracting

    The Second Circuit looked ready Friday to let Connecticut resume taking contract bids from New England renewable power producers under a 2013 state law, after a developer with operations in New York challenging the process conceded — in an apparent blow to its argument that the law runs afoul of the dormant Commerce Clause — that the feds retain ultimate authority.

  • December 9, 2016

    Army Corps Tells DC Circ. Dakota Access Ruling Must Stand

    The U.S. Army Corps of Engineers urged the D.C. Circuit on Thursday not to vacate a lower court decision that rejected the Standing Rock Sioux Tribe's bid to block construction on the controversial Dakota Access pipeline.

  • December 9, 2016

    EPA Asks DC Circ. To Skip Manager's Age Bias Appeal

    The U.S. Environmental Protection Agency asked the D.C. Circuit on Thursday not to entertain an appeal brought by a retired manager looking to revive his age discrimination and retaliation suit, saying a lower court’s decision to reject the case is so clear that there’s nothing to be gained from a full briefing.

  • December 9, 2016

    Fuel Co. Says Biz Partner Stole Info To Score GM Contract

    A company awarded a special designation by General Motors Inc. for the conversion of vehicles to run on alternative fuels breached a contract by accepting the title on its own instead of alongside a joint venture partner, according to a complaint the partner filed Thursday in Indiana federal court.

  • December 9, 2016

    Seeing Loss Of Fishing Area, Anglers Try To Stop Wind Farm

    A coalition of fishing interests on Thursday asked a Washington, D.C., federal court to halt a proposed lease sale for the potential development of a major wind farm off the coast of Long Island, New York, arguing that the process ignored major environmental concerns and would remove key areas from commercial fishing activity.

  • December 9, 2016

    Enviros Win Intervention Bid In BLM Flaring Rule Suit

    A federal magistrate judge has allowed a slew of environmental groups to join a lawsuit that seeks to block a new Bureau of Land Management rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • December 9, 2016

    Environmental MVP: Weil's Annemargaret Connolly

    Weil Gotshal & Manges LLP environmental practice head Annemargaret Connolly spent the past year helping steer $250 billion in mergers and acquisitions transactions through rigorous environmental reviews, including The Dow Chemical Co.'s $130 billion pending merger with DuPont, earning her a spot on Law360's list of environmental MVPs.

  • December 8, 2016

    Monsanto Hit With 1st State PCB Suit As Wash. Joins Fight

    Washington on Thursday became the first state to sue Monsanto Co. over pollution from a once widely used chemical now known to cause cancer and immune system problems in humans and devastate wildlife populations, saying the state's damages may reach into the hundreds of millions of dollars.

  • December 8, 2016

    Facebook Users Hit With Suit Over 'Pedals' Bear Death Posts

    A New Jersey man has brought defamation and invasion of privacy claims in New Jersey state court against six women across three states over allegations that they falsely claimed on Facebook and a newspaper's website that he killed a popular black bear known as "Pedals" during an October hunt.

  • December 8, 2016

    Feds Back 6th Circ. As Jurisdiction For Water Rule Cases

    The federal government urged the U.S. Supreme Court on Wednesday not to review the Sixth Circuit’s decision to assert exclusive jurisdiction over challenges to the controversial Clean Water Rule.

  • December 8, 2016

    SunLink Foe Botched Challenge To $10M Award, Judge Rules

    A Massachusetts federal judge on Thursday confirmed a $10.2 million arbitral award to SunLink Corp. over claims that American Capital Energy Inc. failed to pay SunLink for solar panel mounting systems, saying ACE's various filings didn't amount to a proper — or timely — challenge.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • TSCA High-Priority Chemicals: What Made The Cut?

    Lawrence E. Culleen

    Many of the substances listed in the U.S. Environmental Protection Agency's recent list of high-priority substances under the Toxic Substances Control Act come as no surprise. However, others were less likely choices especially considering the EPA recently proposed regulations that will likely suggest limits on certain uses of those substances, say Lawrence Culleen and Erika Norman of Arnold & Porter LLP.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • As EPA Sets 2017 Renewable Fuel Volumes, Future Is Unclear

    James Rubin

    The Environmental Protection Agency has released its final 2017 volumes under the Renewable Fuel Standard, a program established by Congress to spur development and use of biofuels in the U.S. transportation sector. But the 2017 numbers may face legal challenges — and the entire RFS program could be restructured by the Trump EPA or the new Congress, says James Rubin of Dorsey & Whitney LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Dying Declaration Affidavits In Asbestos Suits: A Case Study

    Kevin Hadfield

    In asbestos litigation, a plaintiff’s sole evidence of product identification may take the form of an affidavit created shortly before the claimant passes away. But these affidavits are problematic for defendants, principally because the affidavits are frequently created in the short window between a litigant’s diagnosis and his death, which may predate the filing of suit, says Kevin Hadfield of Manion Gaynor & Manning LLP.

  • Energy Policy In The Trump Era: Part 2

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the second of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP examine the impact of the new administration's attitudes towards the Clean Power Plan, the Paris Agreement and other energy and environmental regulations and policies.

  • The Trump Infrastructure Plan And Its Legal Implications

    Steve Sorett

    The incoming Trump administration's $1 trillion infrastructure plan would rely mostly on private investment, with infrastructure tax credits envisioned as bringing the needed financing to the table. But many questions remain unanswered, including who will decide on the selection and timing of projects, what laws will apply, and how private investors will be paid back, says Steve Sorrett of Kutak Rock LLP.

  • Key Changes In EPA's Waste Generator Improvements Rule

    Kenneth M. Kastner

    The U.S. Environmental Protection Agency is making an attempt to modify its hazardous waste generator rules for the first time in 35 years. These rules generally facilitate compliance with requirements, but include one aspect that might cause controversy, says Kenneth Kastner of Hogan Lovells US LLP.