Environmental

  • September 26, 2016

    Clinton Pushes Clean Energy As Economic Driver At Debate

    Renewable energy projects would play a key role in creating jobs and bolstering economic growth during a Hillary Clinton presidency, the former secretary of state said Monday during the first presidential debate of 2016, with her opponent Donald Trump arguing that current U.S. energy policy is a "disaster."

  • September 26, 2016

    BIA Says Taking Over Reservation Programs Makes Suit Moot

    The Bureau of Indian Affairs told a Montana federal court on Friday that the agency's decision to take back control of programs that were jointly administered by the tribes on Wyoming’s Wind River Reservation means a lawsuit accusing agency officials of improperly awarding the contracts to one of the tribes is now moot.

  • September 26, 2016

    EPA Extends Coolant Regs To Chems That Don't Harm Ozone

    The U.S. Environmental Protection Agency has refused to back down from its push to regulate substances that don’t deplete atmospheric ozone under its refrigerant management program, announcing Monday that it is moving forward with a final rule despite commenters who argued the agency had no such authority.

  • September 26, 2016

    Insurer Can't Recoup $2.8M Oil Spill Payment, 1st Circ. Told

    A General Dynamics unit has asked the First Circuit to affirm a lower court's ruling that Ironshore Specialty Insurance Co. can't win reimbursement for $2.8 million in cleanup costs for an oil spill from a U.S. Navy ship, contending Monday that the insurer's claims are barred under federal law.

  • September 26, 2016

    Gov. To Change Fla. Pollution Notifications After Spill, Leak

    In response to outcry over the handling of a recent sewage spill in St. Petersburg and a massive leak of radioactive wastewater at a phosphorous plant, Florida Gov. Rick Scott on Monday announced steps to update public notification requirements for pollution incidents.

  • September 26, 2016

    Group Wants EPA Attys Sanctioned In 8th Circ. CWA Suit

    An industry coalition on Friday asked the D.C. Circuit to sanction counsel for the U.S. Environmental Protection Agency for not turning over documents that allegedly show the agency applied an Eighth Circuit finding that the agency improperly crafted water pollution rules only to the states in that circuit’s jurisdiction.

  • September 26, 2016

    Volkswagen Fights Foreign Bids For Discovery From MDL

    Volkswagen AG and other defendants have urged the California federal judge overseeing multidistrict litigation over the automaker's emissions scandal to reject bids by European consumers and investors to obtain all 20 million-plus pages of documents discovered in the case, calling the requests "quintessential fishing expeditions."

  • September 26, 2016

    $5M In Financing Keeps Molycorp Minerals Alive In Ch. 11

    The Chapter 11 trustee for Molycorp Minerals LLC, the unit that owns the rare earth miner’s main facility left behind in bankruptcy after plan confirmation, told the Delaware bankruptcy court Monday that up to $5 million in financing will keep its case, and sale process, alive.

  • September 26, 2016

    DuPont Should Be Sanctioned Over Dutch Docs, Judge Told

    Plaintiffs in multidistrict litigation alleging DuPont Co. contaminated their drinking water urged an Ohio federal judge Monday to sanction the chemical giant and force it to turn over documents related to a Dutch pollution investigation, saying the company made "baseless" arguments to keep the potential evidence out of court.

  • September 26, 2016

    Corn Producers Get Class Cert. In Syngenta GMO MDL

    A Kansas federal judge on Monday granted certification to a nationwide group of corn producers, as well as groups from eight specific states, in multidistrict litigation alleging Syngenta’s promotion of genetically modified corn cost the industry at least $1 billion.

  • September 26, 2016

    Paradigm Tells 8th Circ. Pipelines' Finish Moots Tribal Appeal

    Paradigm Energy Partners LLC urged the Eighth Circuit on Friday to toss an appeal of a lower court's ruling preventing the Three Affiliated Tribes from interfering with the construction of a pair of pipelines underneath a lake on their reservation, arguing that the completion of the pipelines made the appeal moot.

  • September 26, 2016

    Clean Power Plan 'Epic' Power Grab, AGs Say

    The attorneys general for Texas and West Virginia blasted the U.S. Environmental Protection Agency's Clean Power Plan in advance of their arguments to nix the rule this week, maintaining Monday that the plan usurps state authority.

  • September 26, 2016

    FERC Ignored $683M Pipeline's Impact, Enviros Tells 2nd Circ.

    A handful of green groups continued to press the Second Circuit to wipe out the Federal Energy Regulatory Commission’s approval of Constitution Pipeline Co.'s proposed $683 million natural gas pipeline Friday, blasting the regulator’s contention that it had complied with environmental law.

  • September 26, 2016

    Klamath River Dam Removal Funding All Set, FERC Told

    PacifiCorp and a nonprofit entity created to shut down part of the Klamath Hydroelectric Project urged the Federal Energy Regulatory Commission on Friday to decide by the end of 2017 whether four dams on the Klamath River in California and Oregon can be transferred to the nonprofit prior to being demolished, saying the funding to complete the removal is in place.

  • September 26, 2016

    Obama's Climate Legacy At Stake In DC Circ. CPP Showdown

    After months of court filings and surprising pretrial rulings, an en banc D.C. Circuit on Tuesday will finally hear oral arguments in the biggest environmental and energy case in years: a massive challenge to the legality of the Clean Power Plan.

  • September 26, 2016

    Citing Homer, Judge Denies Georgia Golf Course A Mulligan

    A federal judge on Friday denied a golf course’s bid to dismiss its environmental suit against CSX Transportation Inc. and Columbia County, Georgia, so the course can “re-do” its case over flooding in county court, ruling that the suit has already used up an enormous amount of the county's time and resources.

  • September 26, 2016

    Lawyer Lineup For Clean Power Plan Oral Arguments

    When oral arguments over the legality of the U.S. Environmental Protection Agency's Clean Power Plan take place at the D.C. Circuit on Tuesday, no fewer than 16 attorneys representing federal and state governments as well as industry giants will battle to determine the fate of the Obama administration's signature climate change rule slashing carbon emissions from existing power plants.

  • September 26, 2016

    TerraForm Cos. Assert $3B In Claims Against SunEdison

    SunEdison’s two publicly traded TerraForm companies said Sunday that they will pursue claims in excess of $3 billion against their bankrupt corporate parent arising from the renewable energy giant’s “catastrophic breach” of the contractual arrangement between the parties.

  • September 23, 2016

    Reps. Question NPS Response To Sex Harassment Claims

    Federal lawmakers questioned National Park Service officials during a hearing on Thursday about what the agency is doing in response to numerous allegations of sexual harassment and hostile workplaces in several national parks.

  • September 23, 2016

    Tesla Investors May Get Chance To Halt SolarCity Deal Vote

    A Delaware Chancery judge said Friday he would try to render bench rulings on Tesla Motors Inc. investors’ bids to consolidate and fast-track their challenges to the proposed $2.6 billion acquisition of SolarCity Corp., potentially giving them a chance to halt an upcoming shareholder vote on the deal.

Expert Analysis

  • EPA Offers Insights For Retailer Waste Management

    Joseph S. Kakesh

    The U.S. Environmental Protection Agency recently published what it has termed a strategy for dealing with the management of hazardous wastes in the retail sector. Although the devil is in the details, the plan is potentially a promising step by the agency to provide the regulated community with greater clarity regarding its obligations in this complicated and confusing area, says Joseph Kakesh of Wiley Rein LLP.

  • In Congress: Ticktock

    Richard Hertling

    With five days to go before a government shutdown, the parties are not that far apart, but those differences have proven difficult to resolve, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The DAPL And The Corps' Latest Clean Water Act Conundrum

    Kimberly Leue Bick

    The U.S. Army Corps of Engineers has been defending itself on two fronts recently, arguing its right to limit its jurisdiction in the Dakota Access Pipeline case, while simultaneously arguing to cast a wide jurisdictional net in another case. Meanwhile, Dakota Access LLC is caught in limbo due to the United States' request for it to voluntarily halt its pipeline construction, say Kimberly Bick and Allison Ross of Bick Law LLP.

  • Gas Demand Response Programs Are Alluring But Impractical

    Gordon A. Coffee

    As a solution to the shortage of gas for power generation during the winter some industry analysts have suggested creating demand response programs for natural gas, which would be far less capital-intensive than other options. Unfortunately, several practical problems hinder their implementation, says Gordon Coffee of Winston & Strawn LLP.

  • The Yates Memo And Parallel Products Liability Litigation

    Geoffrey M. Drake

    There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Expanded Wharfinger Liability Confuses Spill Cost Recovery

    Lawrence I. Kiern

    A recent decision from a Pennsylvania federal court in the protracted litigation surrounding the Athos I oil spill signals profound implications for the liability of charterers, wharfingers and the U.S. government. The ruling portends costly new obligations for all three entities to conduct frequent underwater surveys using side-scanning sonar to detect obstructions, says Lawrence Kiern of Winston & Strawn LLP.

  • Raising Calif. GHG Targets: A Look At What's Ahead

    Ryan Waterman

    With the recent passing of California's Senate Bill 32 and its companion legislation, Assembly Bill 197, we find ourselves again in a period of transition as the state moves forward with climate change 2.0. We know where the state is heading, but details about how it will get there are still to be developed, say attorneys at Brownstein Hyatt Farber Schreck.

  • Paris Agreement Progress From World’s Largest GHG Emitters

    Eric B. Rothenberg

    With the U.S. and China acceding to the Paris agreement earlier this month, the treaty is on its way to entering into force later this year or early in 2017. Eric Rothenberg and Remi Moncel of O’Melveny & Myers LLP explain what the agreement requires of the world’s two largest economies and how each country plans to meet its obligations.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.