• October 27, 2016

    Deepwater Attys To Get $555M Payday After BP Settlements

    The attorneys who represented people and businesses affected by the Deepwater Horizon oil spill will share $555.2 million in fees after negotiating approximately $13 billion worth of settlements with BP PLC in a case that a Louisiana federal judge called one of the largest multidistrict litigations in history.

  • October 27, 2016

    Flint Residents Clear Hurdle In Water Crisis Suit

    A proposed class of Flint, Michigan, residents seeking compensation from the state over the city’s lead contamination crisis won a round in a state court lawsuit Wednesday, with a judge allowing claims for harm to their bodies and properties to go forward, even as he dismissed two of their other claims.

  • October 27, 2016

    Climate Change Projections Gain Credence As ESA Metric

    The Ninth Circuit's recent ruling that 100-year climate change projections could factor into the National Marine Fisheries Service's decision to list the Pacific bearded seal as a threatened species solidifies the government’s authority to rely on similar forecasting for future Endangered Species Act listings, experts say.

  • October 27, 2016

    Mining Co. Can Challenge Superfund Cleanup Deal

    An Oklahoma federal judge ruled Thursday that Asarco LLC can challenge whether two other mining companies are paying their fair share of cleanup costs for a Superfund site impacting tribal lands in Oklahoma, but denied the company discovery that might delay approval of the U.S. Department of Justice's proposed settlement with the companies.

  • October 27, 2016

    Shipper To Pay $20M For Miss. Oil Spill Cleanup

    American Commercial Lines LLC has agreed to pay the federal government $20 million for removal costs and damages from a 2008 oil spill caused by a barge collision on the Mississippi, resolving claims that were headed toward a November trial.

  • October 27, 2016

    DOE Docs Crucial In Fisker Investor Suit, Judge Says

    U.S. Department of Energy documents from the costly meltdown of taxpayer-subsidized, now-bankrupt electric car maker Fisker Automotive Holdings Inc. are crucial matters in a federal investor suit against key company figures, a Delaware federal judge said Thursday.

  • October 27, 2016

    EPA Sets Strategy For Low-Income, Minority Enviro Justice

    The U.S. Environmental Protection Agency on Thursday unveiled its Environmental Justice 2020 Action Agenda, the regulator’s strategic plan for ensuring low-income, minority and indigenous communities are not suffering disparate environmental and public health impacts.

  • October 27, 2016

    Lieff Cabraser Blasts Small Firm's Fee Ask in Volkswagen MDL

    The lead counsel for vehicle owners in multidistrict litigation against Volkswagen over its emissions-cheating scandal on Wednesday offered harsh words for a small Texas firm seeking to collect attorneys' fees, saying its work in the case was duplicative, unnecessary and undeserving of any award.

  • October 27, 2016

    Philly Drops $2M Site Contamination Claim Against Waste Co.

    The city of Philadelphia hammered out a deal late Wednesday abandoning a $2 million claim over contamination and other damage it said was left at an industrial site it had leased to a local recycling company.

  • October 27, 2016

    GOP Panel Members Slam 'Politics' Behind Waters Of US Rule

    The U.S. House Oversight and Government Reform Committee released a report Thursday by a group of its Republican members saying the process that resulted in the controversial Waters of the United States rule was politically motivated rather than driven by science.

  • October 27, 2016

    Watchdog Wants Texas AG To Probe Solar Panel Firms

    Consumer watchdog group Campaign for Accountability on Thursday asked the Texas Attorney General to investigate what it says is a pattern of false and misleading trade practices by companies that install solar panels at residential properties.

  • October 27, 2016

    Ex-NJ Water Agency Contractor Dodges Prison For Tax Fraud

    A former contractor for a defunct Newark, New Jersey, water agency on Thursday dodged a prison term for not reporting income she received from the organization on a tax return after a New Jersey federal judge found that she had been manipulated by others who took advantage of her vulnerable nature.

  • October 27, 2016

    Feds To Auction Over 79K Acres Offshore For Wind Energy

    The federal government announced on Thursday that in December it will auction more than 79,000 acres off the coast of New York state for wind energy development, a move the government touted as part of President Barack Obama’s plan to create jobs and develop clean energy resources in the U.S.

  • October 27, 2016

    SunEdison Creditors Say They're Being Kept In The Dark

    SunEdison unsecured creditors demanded Thursday that the beleaguered renewable energy giant begin immediately filing financial reports for business units that are not currently in bankruptcy, saying in a New York federal court filing that creditors can’t determine the value of the debtor’s estate.

  • October 27, 2016

    Northern Arapaho Want BIA To Leave Its Tribal Court Alone

    The Northern Arapaho tribe asked a Montana federal court on Wednesday to prevent the Bureau of Indian of Affairs from interfering with the operation of its tribal court.

  • October 27, 2016

    Nuclear Agency Urged To Scrap Texas Waste Project

    A coalition of nonprofits and anti-nuclear groups asked the U.S. Nuclear Regulatory Commission to stop reviewing an application from Waste Control Specialists LLC for a short-term nuclear waste storage facility in Texas, saying Wednesday they are concerned the site may eventually become permanent.

  • October 27, 2016

    Monsanto Can't Escape Spokane River Contamination Suit

    A U.S. district judge Wednesday largely upheld a suit from a city in the state of Washington claiming that Monsanto Co. should have to pay for cleanup costs associated with pollution in the Spokane River, finding the city can’t bring one of its products liability claims because it isn’t a consumer.

  • October 26, 2016

    Texas Enviros To Appeal Loss Of Bid To Block Road Projects

    A group of Texas residents and environmentalists said Tuesday they would appeal a federal judge’s recent rejection of their bid to temporarily block the start of groundwork for three highway improvement projects after he found local transportation officials complied with the proper regulations before greenlighting the projects.

  • October 26, 2016

    Oil Co. Wants CWA Offenses Kept Out Of Well-Plugging Trial

    W&T Offshore Inc. asked a Texas federal judge Wednesday to not allow evidence of a 2013 guilty plea to Clean Water Act violations to be entered into its $44 million dispute over well abandonment liability with Apache Corp., saying Apache’s bid to get the evidence introduced is a smear attempt.

  • October 26, 2016

    Mitsubishi Deal Over Truck Engine Troubles Gets Judge's Nod

    A New Jersey federal magistrate judge preliminarily blessed a $17.5 million settlement Wednesday of a class' claims that Mitsubishi Fuso box trucks had defective engines that became a major hurdle for the business owners and distributors who rely on them.

Expert Analysis

  • When Your Client Is The President

    C. Boyden Gray

    Every day, it seemed that virtually the entire day was spent trying to shape the news. Balancing the media day-to-day with the need for strategic planning requires staff to stay in their positions rather than congregate around the ball. Yet the impulse to run to the action is as tempting in the White House as on the soccer field, says C. Boyden Gray, who served as White House counsel for President George H.W. Bush.

  • A Solution To The Long War Over Boston's Long Wharf

    Margaret H. Marshall

    The First Circuit’s recent decision in Boston Redevelopment Authority v. National Park Service ended a years-long dispute between two government agencies. The ruling underscores the determinative impact of the standard of review and the great importance of raising any argument about the applicable standard of review before the trial court in the first instance, say Margaret Marshall and Phoebe Fischer-Groban of Choate Hall & Stewart LLP.

  • Setting A Standard For Additional Enviro Review In Calif.

    Cynthia L. Burch

    The California Supreme Court's decision in Friends of the College of San Mateo Gardens v. San Mateo County Community College resolved the question of who decides whether the subsequent review provisions of the California Environmental Quality Act apply. The ruling recognizes that restarting the environmental review process with every changed circumstance is onerous and wasteful, say attorneys at Katten Muchin Rosenman LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • DC Circ.'s Clean Power Plan Hearing: Key Points

    Michael Weller

    A close look at the D.C. Circuit's recent en banc hearing regarding the U.S. Environmental Protection Agency’s Clean Power Plan reveals the court's recognition of the importance of the case, as well as its interest in understanding the nuance of key issues, as it deliberates on whether to allow the sweeping restructuring of the nation's power industry to move forward, say Michael Weller and Richard Alonso of Bracewell LLP.

  • 3 Key Coal Ash Events To Watch By Year’s End

    Steven A. Burns

    With the barrage of activity currently concerning coal ash, sometimes it can be a challenge to prioritize information. Steven Burns of Balch & Bingham LLP discusses three key events that will impact coal ash oversight and regulation before the end of 2016.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Renewable Fuels Producers Burned By ID Number Fraud

    Jason Moore

    An uptick in recent federal enforcement actions involving renewable fuel credits signals that market participants can expect more fraud investigations and prosecutions as federal regulators strive to maintain control over the renewable fuel credit program. The enforcement actions involve the trading of Renewable Identification Numbers under the Renewable Fuels Standard program, says Jason Moore of Husch Blackwell LLP.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.