Environmental

  • October 23, 2014

    Sky Solar Details $140M IPO To Fund Energy Projects

    Chinese renewable energy provider Sky Solar Holdings Ltd. tailored its plans for a U.S. initial public offering Wednesday evening, setting terms to raise roughly $140 million for construction of shovel-ready solar projects in Japan and Latin America.

  • October 22, 2014

    EPA Requiring BMW To Lower Mini Fuel Economy Claims

    The U.S. Environmental Protection Agency on Wednesday ordered BMW AG to lower fuel economy estimates for four 2014 BMW Mini Cooper vehicle models to ensure consumers are given accurate fuel economy values.

  • October 22, 2014

    Okla. Winery Claims Electric Co.'s Pesticide Killed Grapes

    An Oklahoma winery filed a complaint in federal court Wednesday alleging that a power company negligently sprayed pesticides that blew into its vineyard, killing grapevines and crops.

  • October 22, 2014

    Enviros Urge 9th Circ. To Nix Emissions Swap For $1B Plant

    Environmental groups urged a Ninth Circuit panel Wednesday to toss a U.S. Environmental Protection Agency decision allowing a local air quality agency's transfer of emissions credits to a new $1 billion power plant, saying the EPA's rule was "arbitrary and capricious" and failed to properly count banked credits.

  • October 22, 2014

    McCarter Adds Chief Counsel For NJ Utilities Regulator

    McCarter & English LLP has snagged the chief counsel for the New Jersey Board of Public Utilities as it continues to strengthen its position in the energy arena, the firm said Thursday.

  • October 22, 2014

    NY Calls On ND Gov. To Regulate Crude Oil Shipments

    New York state environmental and transportation officials urged North Dakota Gov. Jack Dalrymple on Tuesday to adopt regulations requiring oil producers to remove volatile gases from crude oil before shipping it cross-country by rail in an effort to protect residents near rail lines.

  • October 22, 2014

    Indonesia High Court OKs Chevron Worker's Graft Conviction

    The Supreme Court of Indonesia upheld the corruption conviction of a Chevron Corp. employee accused of ordering the costly cleanup of sites near Chevron oil wells that were not contaminated, the court said Wednesday. 

  • October 22, 2014

    Refinery Waste-Burning Rule Should Be Killed, DC Circ. Told

    Environmental groups have urged the D.C. Circuit to deny bids to further delay its mandate of a ruling that the U.S. Environmental Protection Agency is illegally allowing refineries to burn petroleum waste materials into fuel, saying those living near such facilities have suffered enough.

  • October 22, 2014

    Abu Dhabi's Masdar To Build $125M Wind Farm In Oman

    United Arab Emirates' green energy company Masdar said Wednesday it is teaming with Oman’s Rural Areas Electricity Co. to build a $125 million wind farm in the sultanate, marking the first large-scale wind project in the Gulf Cooperation Council region.

  • October 22, 2014

    Ex-Contractor To Pay $4.36M For Superfund Bid-Rigging

    A former project manager convicted of taking $1.5 million in kickbacks for rigging bids and other Superfund site subcontracting abuses was ordered to pay $4.36 million in restitution by a New Jersey federal court on Tuesday, the largest fine imposed to date for the scheme.

  • October 22, 2014

    FTC Warns Biodegradable Bag Claims Could Be Deceptive

    The Federal Trade Commission sent letters to 15 marketers of plastic bags, warning that their claims the bags are “oxodegradable” could be deceptive because in low-oxygen landfills, they are no more biodegradable than normal plastic bags, the agency announced on Tuesday.

  • October 22, 2014

    Watchdog Sues EPA For Access To Renewable Fuel Docs

    A watchdog group urged a Washington, D.C., federal judge on Tuesday to force the U.S. Environmental Protection Agency to hand over documents it claims highlight industry efforts to coax the agency to scale back the amount of renewable fuels that must be blended into the U.S. fuel supply.

  • October 21, 2014

    Collier County Joins Fla. DEP's Suit Against Texas Oil Co.

    Collier County will join the Florida Department of Environmental Protection in a lawsuit against Texas-based oil company Dan A. Hughes Co. for alleged violations in a well next to a wildlife sanctuary in southwest Florida, the agency said Tuesday.

  • October 21, 2014

    BP Asks 5th Circ. To Hurry $9.2B Settlement Appeal

    BP PLC asked the Fifth Circuit on Monday to expedite its bid to claw back payouts it made under a since-overturned claims calculation in its $9.2 billion settlement in the Deepwater Horizon multidistrict litigation, saying that there won’t be any money left to recover if the appeal goes too long.

  • October 21, 2014

    Send EPA Back To GHG Drawing Board, Industry Tells DC Circ.

    States and industry groups opposed to the federal government’s efforts to regulate greenhouse gases on Tuesday asked the D.C. Circuit to interpret a recent Supreme Court ruling as invalidating existing rules and forcing the agency back to the drawing board.

  • October 21, 2014

    Enviros Again Lack Standing In Ethanol Fuel Row: DC Circ.

    The D.C. Circuit on Tuesday rejected a petition from petroleum and engine manufacturing trade groups to review the U.S. Environmental Protection Agency's approval of a gasoline blend with 15 percent ethanol, ruling for the second time that the groups lack standing to pursue their claims.

  • October 21, 2014

    10th Circ. Scraps Enviros' Bid To Block Emissions Program

    The Tenth Circuit on Tuesday upheld a U.S. Environmental Protection Agency-approved regional cap-and-trade program for sulfur dioxide emissions in three western states, rejecting claims from environmental groups that the government should have nixed the program under the Clean Air Act.

  • October 21, 2014

    Enbridge Settles Suit Over 2010 Michigan Oil Spill

    A Michigan federal judge on Tuesday signed off on a settlement between Enbridge Energy Partners LP and a developer that sought damages for a 2010 oil spill that dumped more than 20,000 barrels of crude oil into the Kalamazoo River, putting the brakes on an upcoming jury trial.

  • October 21, 2014

    NRC Chair Macfarlane Says She Will Step Down

    Nuclear Regulatory Commission Chairwoman Allison Macfarlane said Tuesday she would step down Jan. 1, just over a year after she was confirmed for a five-year term to lead the agency, to return to academia.

  • October 21, 2014

    SAIC Spinoff Co. Pays $1.5M To End Long-Running FCA Case

    Leidos Holdings Inc. on Monday agreed to pay $1.5 million to settle a 10-year-old False Claims Act case over conflicts of interest in its work for the U.S. Nuclear Regulatory Commission, ending a case that contributed to its spinoff from Science Applications International Corp. in 2012.

Expert Analysis

  • The Scarlet Letter Of Self-Stigmatized Property

    James M. Sabovich

    To the extent that homeowners or their lawyers attempt to further drive down real estate prices of contaminated property — and drive up recoverable damages — it is a double-edged sword. If successful, they will increase recovery and attendant contingency fees, however should they fail a plaintiff could be left with self-stigmatized property, say James Sabovich and Joseph Edmonds of Gibson Dunn & Crutcher LLP.

  • NY Water Withdrawal Just Got Easier For Power Generators

    Yvonne E. Hennessey

    Sierra Club v. Martens is a precedent-setting decision confirming that electric generating facilities in New York seeking an initial water withdrawal permit under the Water Resources Protection Act will not be subject to the State Environmental Quality Review Act, thus saving time and effort, say attorneys at Hiscock & Barclay LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Talking The Talk: Nuclear Energy Lingo For Bankers

    George Borovas

    Three and a half years after the accident at the Fukushima Daiichi nuclear power plant, the nuclear industry is experiencing somewhat of a revival, however the apparent disconnect between its rhetoric and the mindset of financiers must be overcome to stimulate the successful development of new plants, say George Borovas and Helen Cook of Shearman & Sterling LLP.

  • EPA Emissions Proposal May Spur Greater Enforcement

    Nancy MacKimm

    If finalized, the U.S. Environmental Protection Agency's proposal to prohibit excess emissions during periods of startup, shutdown or malfunction in state implementation plans under the Clean Air Act could result in additional enforcement actions for violations of emission limitations during periods of malfunction, say attorneys at Jones Day.

  • Putting Calif.'s $1.4B Fine Against PG&E In Perspective

    Michael C. Dotten

    What constitutes an excessive fine has been articulated by the U.S. Supreme Court as a proportionality test, and, as Pacific Gas & Electric Co. argued in its brief before the California Public Utilities Commission, courts sometimes measure excessiveness in penalties by reference to fines levied in other, like circumstances, says Michael Dotten of Marten Law PLLC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Work Plan Signals Expanded Calif. Green Chemistry Program

    Joshua A. Bloom

    California's Safer Consumer Products Regulation will be closely watched given the potential for its broad application — indeed, following its enactment, Congress attempted to develop nationwide green chemistry initiatives, say Joshua Bloom and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.