As the U.S. Supreme Court hears oral arguments on Tuesday examining the federal government's power to regulate air pollution across state lines, experts say both sides will be focused on swaying Justice Anthony Kennedy, who will likely once again cast the deciding vote in a critical environmental case.
Nycal Offshore Development Corp. urged a Federal Circuit panel on Friday to allow it to recoup $72 million in lost profits from a government contract to develop oil and gas projects off the California coast, alleging the government had never proved the company couldn't profit from the broken leases.
Florida Gov. Rick Scott announced Friday that $88 million will be used in 28 proposed environmental and recreational early restoration projects proposed by the state’s trustees to remedy damages from the Deepwater Horizon oil spill.
Range Resources Corp. last week asked the Texas Supreme Court to reverse a decision throwing out the bulk of its defamation claims against Texas homeowners who alleged that fracking contaminated their water, saying the court should clarify when a free speech law can be applied.
Katten Muchin Rosenman LLP partner Steven Solow successfully fended off a 26-count criminal indictment leveled at one of the nation’s largest water service providers, staring down the might of the federal government to prove at trial that no environmental violations had occurred and earning himself a spot among Law360's list of Environmental MVPs.
The U.S. and 11 other World Trade Organization countries meeting this week in Bali, Indonesia, have reiterated a call to end subsidies that contribute to overfishing and deplete already-stressed fishery resources, the U.S. trade representative's office said Friday.
The U.S. Environmental Protection Agency on Monday will remove from its regulations parts of a rule that had allowed some new power plants to sidestep a screening program for excessive soot pollution, implementing a January decision from the D.C. Circuit in a case brought by the Sierra Club.
The U.S. Fish and Wildlife Service on Friday announced it has decided to allow eagle “take” permits for wind energy projects, electric utilities and timber operations to last up to 30 years, rather than five, pleasing industry groups but alarming environmentalists.
Virginia’s plan to develop an offshore wind energy research facility cleared a key regulatory hurdle Friday as the U.S. Bureau of Ocean Energy Management determined no other parties are interested in using the selected area for wind projects.
The Louisiana federal judge overseeing the Deepwater Horizon multidistrict litigation suspended all business economic loss payments from BP PLC's $9.2 billion settlement with property owners on Thursday following a recent Fifth Circuit ruling calling for greater scrutiny of the claims process.
A Missouri federal judge on Wednesday dismissed American Safety Indemnity Co. from a coverage lawsuit over a gasoline pipeline leak, finding that the alleged property damage did not occur during American Safety's policy period.
The New Jersey Tax Court said Friday that BASF Corp., the owner of a partially contaminated property, could deduct its remediation cost from the entire parcel's property tax bill, rejecting a local town's argument that deductions only apply to the polluted portions of the land.
Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
Steptoe & Johnson LLP partner Lawrence Riff convinced the Sixth Circuit not only to uphold a summary judgment ruling in favor of Chevron Corp. in a benzene and gasoline contamination lawsuit, but to affirm $250,000 in sanctions against the plaintiffs' attorneys in the case, earning him a spot among Law360's Environmental MVPs.
Energy industry groups are gearing up for an all-out fight against a proposed fracking ban moving through the Massachusetts Legislature even though it will have a minor practical impact in a state with little development potential, because they're worried it could lead to prohibitions in resource-rich states sympathetic to the anti-fracking movement.
A metal processing plant on Thursday argued that if the Texas Supreme Court affirms a jury’s damages award stemming from environmental contamination since cleaned up to meet regulatory standards, it will introduce industry confusion and create open-ended potential liability.
President Barack Obama on Thursday continued his second-term push to tackle climate change, ordering federal agencies to increase the portion of their electricity derived from renewable energy nearly three-fold over the next six years.
Louisiana's state levee board association on Wednesday overwhelmingly opposed a lawsuit seeking billions of dollars from nearly 100 energy companies to cover coastal damage linked to oil and gas drilling activities, urging a regional flooding authority to drop the legal action.
While law firms have made great strides, studies show that we all still have implicit biases that affect perceptions and decision making. As a senior woman I have the opportunity to help combat that — and the obligation to do so, says Carla Christofferson, managing partner of O'Melveny & Myers LLP's Los Angeles office and a member of the firm's policy committee.
Lumber Liquidators Inc. was hit with a proposed class action Tuesday accusing the retailer of selling unsuspecting consumers formaldehyde-laden Chinese flooring, with some of it sourced from endangered habitats, in violation of the Racketeer Influenced and Corrupt Organizations Act and other U.S. laws.
Recently, the California Department of Conservation, Division of Oil, Gas & Geothermal Resources issued two key documents relating to hydraulic fracturing. Of keen interest is whether these new rules will permit development of the Monterey Shale in a manner that is competitive with the development of oil reserves elsewhere — or whether government involvement will delay development of the world’s largest, deep shale-oil play, say attorneys at Latham & Watkins LLP.
Although ASTM International has characterized its recently revised standard for phase 1 environmental site assessments as a clarification of its previous version, a number of these changes are substantive in nature and likely to increase the costs of phase 1 reports, says Larry Schnapf at Schnapf LLC.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The decision in County of Santa Clara v. Superior Court of Santa Clara was based on policy, not statute. The California Supreme Court was convinced by the theory that government attorneys could maintain control over private counsel retained by contingency fees. The reality of the experience with the Orange County Water District emphatically demonstrates otherwise, say Jeffrey Dintzer and Nathaniel Johnson of Gibson Dunn & Crutcher LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
Proposition 6 and its related enabling legislation provide a unique opportunity for Texas to begin addressing its significant water infrastructure needs. But, as with any ambitious plan, the program faces a variety of challenges, including achieving a proper (and politically acceptable) balance between urban and rural needs and navigating through ongoing water rights disputes, say C. Brian Cassidy and Brian O’Reilly of Locke Lord LLP.
The Federal Trade Commission’s recent actions against nine companies making allegedly deceptive environmental marketing claims send a strong message to companies about the agency's enforcement priorities and their own need to possess adequate substantiation for claims about the environmental benefits of products, says David Mallen at Loeb & Loeb LLP.
On Nov. 7, the Ninth Circuit largely upheld the U.S. Environmental Protection Agency's approach under the Federal Insecticide, Fungicide and Rodenticide Act in registering the first recognized nanopesticide. Despite a remand to resolve certain issues, the EPA and nano stakeholders have reason to be pleased, say Lynn Bergeson and Timothy Backstrom at Bergeson & Campbell PC.
Until recently, forced pooling of unleased land parcels remained largely untested in Pennsylvania, particularly with the advent of modern shale development. However, a recent decision from the Pennsylvania Environmental Hearing Board promises to put forced pooling back into the spotlight and raise the ever growing controversy surrounding it, says Yvonne Hennessey at Hiscock & Barclay.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.