A federal judge on Tuesday invalidated part of a New York City law making manufacturers responsible for recovering refrigerants from residential appliances, saying a state law preempts the city’s as it relates to chlorofluorocarbon compounds.
Senate Minority Leader Mitch McConnell, R-Ky., on Tuesday slammed the U.S. Environmental Protection Agency for effectively killing off coal industry jobs through its extensive regulations on the coal industry, joining a chorus of utilities and industry groups at the agency's two-day public hearing in opposing its proposed clean power plan.
JinkoSolar Holding Co. Ltd. said on Wednesday that three different investors will be injecting a combined $225 million in private equity investments into the Chinese solar manufacturing company in a move meant to bolster its downstream solar power project division.
In a precedential ruling, the Third Circuit determined Wednesday that whether an arbitration agreement permits classwide arbitration is a question for courts — not arbitrators — to decide, siding with Robert Half International Inc. in its challenge to an arbitrator's ruling that its agreements with former staffing managers allowed class proceedings.
The National Transportation Safety Board on Tuesday faulted Consolidated Rail Corp. for a 2012 derailment and chemical spill in New Jersey that has sparked numerous lawsuits and class actions, finding that train personnel weren't adequately prepared to determine whether the bridge at issue was locked and safe to cross.
Archer Daniels Midland Co. on Tuesday agreed to pay a $430,000 fine and enter into a consent decree to settle U.S. Environmental Protection Agency claims that the food-processing giant discharged pollutants from five facilities in three states in violation of the Clean Water Act.
The Pennsylvania Supreme Court on Tuesday declined to hear a case in which Dow Chemical Co. unit Rohm and Haas Co. dodged allegations that a contract employee developed brain cancer from exposure to toxic chemicals, leaving in place a lower court's decision clarifying standards for admitting expert testimony in product liability cases.
The U.S. House of Representatives on Tuesday passed a contentious bill altering how federal agencies may determine which species are protected under the Endangered Species Act, a measure the White House has already threatened to block.
Federal Energy Regulatory Commission members told lawmakers on Tuesday that the U.S. Environmental Protection Agency’s new carbon emissions reduction proposal would speed up a change from coal to natural gas or other cleaner power sources and require substantial infrastructure improvements.
Several coal and energy trade groups and a Republican lawmaker on Tuesday urged the U.S. Environmental Protection Agency to abandon its proposed plan to reduce greenhouse gas emissions from existing coal-fired power plants, claiming the rules would have a dramatically negative effect on the coal and manufacturing industries.
The White House Council of Economic Advisers said Tuesday that delaying action on climate change could cost the United States $150 billion a year if temperatures increase by three degrees Celsius instead of two, according to a report released in support of the president’s climate change plan.
The New Jersey Supreme Court will consider the enforceability of liens issued against municipal financing, agreeing Monday to hear a company blocked from issuing liens on over $50 million in financing for a public solar project because county improvement authorities are statutorily exempt from liens.
A U.S. Environmental Protection Agency program that prevents pollutants associated with hydraulic fracturing from contaminating groundwater in eight states, including California, Pennsylvania and Texas, is outdated and lacks sufficient muscle, according to a report released by a government watchdog on Monday.
A party on the hook for a contaminated property doesn't need New Jersey's environmental regulator to finalize cleanup efforts or provide written approval of a remediation plan before suing for contribution under the state's Spill Compensation and Control Act, the state Supreme Court ruled Monday.
Landowners seeking to force Gov. Andrew Cuomo and his administration to move more quickly on regulations that could allow for an expansion of fracking in New York said Monday they have appealed an Albany judge's ruling that said they didn't have standing to bring suit.
The U.S. Environmental Protection Agency said Monday the East Bay Municipal Utility District and seven area communities agreed to upgrade their 1,500-mile-long sewer system over two decades to settle allegations they discharged sewage into San Francisco Bay, a project that is expected to cost around $1.5 billion.
The U.S. Department of the Interior’s offshore energy arm on Friday requested public comments on a potential oil and gas lease sale in Alaska’s Beaufort Sea, saying it wants to gauge industry interest and learn more about possible impacts on the environment and native tribes.
The Australian Minister of Environment on Monday approved Indian coal giant Adani Group’s massive AU$16.5 billion ($15.5 billion) Carmichael coal and rail project under what the government touted as 36 strict conditions to safeguard groundwater.
U.S. Environmental Protection Agency Administrator Gina McCarthy said Monday that four public hearings this week will be critical to shaping the agency's proposed plan to reduce greenhouse gas emissions from existing coal-fired power plants, stressing state input had already significantly impacted the rule.
The U.S. Environmental Protection Agency on Thursday informed its 10 regional administrators that it would no longer require certain types of permits, to stay consistent with a recent decision by the U.S. Supreme Court that scaled back the EPA's authority to regulate greenhouse gases.
Heightened focus on commonality and the other Rule 23 prerequisites post-Dukes has been a tremendous hurdle for toxic tort class action plaintiffs as courts reject classes based on the individual nature of exposure, causation and damages and the insufficiency of expert testimony, say attorneys at Gibson Dunn & Crutcher LLP.
In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.
In light of City of Dover v. U.S. Environmental Protection Agency, those seeking to challenge impaired waters listings may be better served alleging injuries predicated on property value reductions since these kinds of injuries are more immediate than injuries based on regulatory impact — courts may be more willing to find they satisfy the requirements for Article III standing, says Brian Glass of Warren Glass LLP.
As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.
Larger facilities operating multiple flares and larger companies with multiple facilities likely run the greatest risk of enforcement by the U.S. Environmental Protection Agency — recent settlements confirm that the EPA, at least in this initial stage of enforcement, has been targeting larger companies, say attorneys at Barg Coffin Lewis & Trapp LLP.
The U.S. Court of Federal Claims' recent opinion in Alta Wind I Owner-Lessor C v. United States, one of many Section 1603 energy grant cases filed in recent years, previewed some of the key issues to be decided in these cases — and it does not appear that these issues can be resolved by summary judgment, says Timothy Jacobs of Hunton & Williams LLP.
For industry, the U.S. Supreme Court's ruling in Association of American Railroads v. Department of Transportation will be about whether the standards Amtrak helped create will survive and be used to measure how the railroads adhere to their long-standing statutory obligation to give priority to Amtrak trains, says Kevin Sheys of Nossaman LLP.
The U.S. Environmental Protection Agency's proposed rule regarding modified and reconstructed units will potentially affect all fossil fuel-fired electric generating units, and the rule's impact on existing units could be significantly more far-reaching depending on the approach states take toward emission reduction, say Robert Wilkinson and Alison Nelson of Husch Blackwell LLP.
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.
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.