Environmental

  • July 24, 2014

    Judge Allows Early Discovery In $226M Energy Tax Credit Row

    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.

  • July 24, 2014

    Gordon & Rees Nabs Weber Gallagher Product Liability Atty

    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.

  • July 24, 2014

    NY Court Finds Some Water Contamination Claims Time-Barred

    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.

  • July 24, 2014

    White House Launches $10B Rural Infrastructure Fund

    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.

  • July 24, 2014

    UK Announces $340M Renewable Power Auction

    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.

  • July 23, 2014

    Navistar Securities Class Action Too Vague, Judge Says

    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.

  • July 23, 2014

    Miami Beach Bans Styrofoam Food Containers

    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.

  • July 23, 2014

    Ill. Court OKs Rate Hike To Fund $2B FutureGen Coal Plant

    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.

  • July 23, 2014

    Texas Appeals Court Tosses Suit Over GHG Emissions Ruling

    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.

  • July 23, 2014

    Trustee Decries Worker Bonuses In GSE's Ch. 11 Plan

    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.

  • July 23, 2014

    DuPont Strikes Deal With EPA Over Air Pollution Allegations

    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.

  • July 23, 2014

    Pa. Municipality Sued Over Seismic Testing Ordinance

    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.

  • July 23, 2014

    Enviros Set To Push NY Watchdog For Probe Into Bridge Loan

    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.

  • July 23, 2014

    NY Hands Out $3M For Projects To Upgrade Electric Grid

    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.

  • July 23, 2014

    10th Circ. Limits Scope Of EPA Consultation Requirement

    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.

  • July 23, 2014

    Xcel Unit Can Intervene In Enviro Groups' Suit Against EPA

    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.

  • July 23, 2014

    Investor Sues NJ Wave-Power Co. Over Tanked Aussie Project

    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.

  • July 23, 2014

    Power Plant Rule Turns States Into 'Hostages,' EPA Head Told

    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.

  • July 23, 2014

    Alex Energy Found Liable For W.Va. River Pollution

    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.

  • July 23, 2014

    Obama Picks 2 Commissioners To Fill Open NRC Slots

    President Barack Obama on Tuesday nominated candidates with legislative and regulatory experience to fill two positions on the U.S. Nuclear Regulatory Commission.

Expert Analysis

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    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.

  • Opportunties In Russia's Renewable Energy Program

    Alex Blomfield

    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.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    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.

  • Wind River Reservation May Shape Tribal CAA Jurisdiction

    Bart J. Freedman

    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.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    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.

  • Combating Calif. Drought With More Recycled Water

    Alison B. Torbitt

    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.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    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.

  • EPA May Threaten Reverse Distribution Of Pharmaceuticals

    Jonathan E. Wells

    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.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    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.

  • Texas High Court Provides Certainty Over O&G Operations

    Stephanie E. Kinzel-Tapper

    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.