• November 25, 2015

    Enviros Blast Texas Agency Over Delayed Pollution Permits

    Local and national environmental groups filed suit against the Texas Commission on Environmental Quality in state court Wednesday, challenging the agency’s failure to take action on eight pending air pollution permits requested by companies including BP and Exxon.

  • November 25, 2015

    Gov't Sees No Reason To Rethink Tribe’s Challenge To Casino

    The U.S. Department of the Interior urged a California federal judge Wednesday to reject the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community’s bid to resurrect its suit to block another tribe’s proposed casino project, claiming the Colusa tribe is rehashing its arguments and that the tribe greatly exaggerated the threat to its own casino business from the project.

  • November 25, 2015

    Sierra Club Takes Mich. Pipeline Fight To 6th Circ.

    The Sierra Club on Tuesday appealed to the Sixth Circuit a judgment affirming a U.S. Forest Service-issued permit that cleared the way for Enbridge Energy Partners LP to continue to operate its oil pipeline that runs through Michigan’s Huron-Manistee National Forests.

  • November 25, 2015

    Calif. City Loses Appeal Of Insurance Coverage Dispute

    A California appeals court on Wednesday upheld a lower court's ruling that American Alternative Insurance Corp. owed no duty to defend the city of San Bernardino's water department in a breach of contract suit, saying the policy excluded such actions.

  • November 25, 2015

    Fed. Circ. Won't Alter Injury Findings In Wind Tower Case

    The Federal Circuit on Wednesday upheld the U.S. International Trade Commission's determination that certain wind towers from China and Vietnam had harmed domestic industry, even though four out of six ITC officials determined that domestic producers hadn’t been substantially harmed by the imports during the period of review.

  • November 25, 2015

    Volkswagen Says It's Devised Fix For European Diesels

    Volkswagen has developed a technical fix to recently-exposed emissions problems in millions of its European diesel cars, the company said Wednesday, though the solution won’t be available to automobiles in North America.

  • November 25, 2015

    Health, Enviro Orgs Seek To Join EPA Ozone Row In DC Circ.

    A group of environmental and health organizations told the D.C. Circuit on Tuesday that they want to help defend the U.S. Environmental Protection Agency from an energy company's suit seeking to block the agency's recent tightening of ground-level ozone standards.

  • November 25, 2015

    Murray Energy Can't Depose EPA Boss, 4th Circ. Rules

    Coal giant Murray Energy can’t depose the head of the Environmental Protection Agency as part of its suit alleging the agency has waged a “war on coal,” the Fourth Circuit ruled Wednesday, reversing a district court decision to put the administrator under oath.

  • November 25, 2015

    Global Climate Deal Would Boost CPP's Survival Chances

    The Clean Power Plan is the linchpin of the climate-change commitment the U.S. will bring to global climate talks Monday in Paris, and if the participants are able to strike an international deal to curb global warming, it could help the Obama administration fend off the legal onslaught the controversial CPP regulations are facing, experts say.

  • November 25, 2015

    NY-NJ Bridge Enviro Study Is Solid, Judge Says

    The U.S. Coast Guard’s favorable environmental analysis of an expansion to a bridge that spans New Jersey and Staten Island, New York, complied with the National Environmental Policy Act, a New York federal judge said Tuesday.

  • November 25, 2015

    Truckers' Appeal Of Calif. Emission Rule Flops At DC Circ.

    The D.C. Circuit on Tuesday tossed a truckers group’s suit challenging a U.S. Environmental Protection Agency decision to allow California to impose its own tractor-trailer emission regulations instead of national analogues, saying that the association did not properly address the waiver’s legitimacy. 

  • November 25, 2015

    6 Key Questions Facing The $20B Hudson Tunnel Project

    Federal and state officials' recent announcement of a funding agreement for the estimated $20 billion Hudson River tunnel project linking New Jersey and New York was a sign of progress, but questions surrounding the private sector's role in that massive undertaking and the political support necessary to seal the deal still loom large.

  • November 25, 2015

    Pa. Judge Allows Town's Gas Drilling Ordinance To Stand

    A Pennsylvania state court judge has upheld a Butler County municipality’s zoning ordinance allowing natural gas drilling in a number of areas, in a case that prompted a developer to sue the environmental groups raising opposition to the measure.

  • November 24, 2015

    2nd Fla. Solar Energy Ballot Item Heads To State High Court

    The Florida attorney general on Tuesday asked the state's high court to review a proposed 2016 ballot question that would add a constitutional amendment regulating solar energy sales about a month after a competing initiative to open up those sales passed court muster.

  • November 24, 2015

    GOP Reps. Want More Time For Comment On Methane Rules

    Two Republican congressmen on Tuesday urged the Environmental Protection Agency and Bureau of Land Management to extend comment periods on the agencies' proposed new regulations on methane emissions from the oil and gas industry, saying the complex rules deserve further evaluation.

  • November 24, 2015

    PE Firm Can't Rewrite $100M Enviro Co. Buy, Rival Says

    Private equity firm Florida Capital Partners Inc. has asked a New York judge to toss a suit claiming The Halifax Group LLC was misled into paying $100 million for an environmental remediation company, arguing the PE competitor is just trying to renegotiate the buyout in court.

  • November 24, 2015

    Alaska, Natives Ask Justices To Keep Fed Laws Off Their Land

    The state of Alaska, a group of Alaska Native corporations and the state’s congressional delegation on Monday urged the U.S. Supreme Court to overturn a Ninth Circuit decision allowing the National Park Service to apply federal laws to nonfederal lands inside parks, arguing the circuit court misread a federal law meant to shield their lands from federal intrusion.

  • November 24, 2015

    Sutherland Picks Up Former Kaye Scholer Energy Finance Pro

    A former Kaye Scholer LLP green energy finance partner who advises private equity investors and others on power generation projects has joined Sutherland Asbill & Brennan LLP as a partner in the firm’s New York office.

  • November 24, 2015

    Google Invests In Solar Power For NC Server Farm

    Google is ramping up its investment in solar power to help run its 61-megawatt server farm in Lenoir, North Carolina, the tech giant announced Tuesday.

  • November 24, 2015

    Colo. AG, Gov. Spar Over Authority To Fight Clean Power Plan

    Colorado Attorney General Cynthia Coffman is within her rights as an independently elected official to challenge the Clean Power Plan and other federal environmental regulations, despite the opposition of Gov. John Hickenlooper, she recently told the state Supreme Court.

Expert Analysis

  • How China Now Enforces Its Environmental Protection Law

    Michael W. Vella

    The Environmental Protection Law of the People’s Republic of China was promulgated over 25 years ago. But only recently have substantive amendments, combined with public awareness and government leadership, provided reason to hope that the law can serve its mission to protect China’s environment, say Michael Vella and Lillian He of Jones Day.

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Wind Integration Costs At Issue In Oregon PURPA Dispute

    While the need for the Public Utility Regulatory Policies Act has been increasingly questioned, it remains a vehicle for developers of renewable power projects to require utilities to buy their power at state-administered costs. Recent litigation between the Portland General Electric Company and PaTu Wind Farm may shed additional light on PURPA's adaptability to the evolving competitive marketplace, says Arthur Adelberg of Barclay Damon LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • The Next Dormant Mineral Act Case At Ohio High Court

    Jesse J. Zirillo

    The Supreme Court of Ohio recently heard oral arguments in Eisenbarth v. Reusser, a case in which two chains of title each end in a separate set of cousins who dispute ownership to a previously severed mineral interest based on differing interpretations of the state’s Dormant Mineral Act. The decision has the potential to provide much-needed guidance to attorneys in the energy and real estate sectors, say Jesse Zirillo and Barbara ... (continued)

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • Are Climate Change Disclosure Cases A New Trend?

    Thomas O. Gorman

    The New York attorney general’s “first-of-its-kind” settlement with Peabody Energy resolving accusations of false and incomplete statements regarding climate change — and a similar probe into Exxon Mobil — appear to have set the stage for a new round of U.S. Securities and Exchange Commission investigations, says Thomas Gorman of Dorsey & Whitney LLP.

  • Property-Assessed Clean Energy Finance Is Picking Up Steam

    Danielle M. Bergner

    Property-assessed clean energy financing will attract greater interest as states beyond Wisconsin begin crafting their emission reduction plans to comply with the EPA's Clean Power Plan. PACE financing could be a conduit for attracting capital to energy efficiency projects that can be used for CPP compliance, while also providing a financing mechanism that will ease the burden on property owners, say Danielle Bergner and Todd Palme... (continued)

  • Recent Trends In Environmental Nuisance Law

    Matthew Hoffman

    Nuisance has increasingly become the “tort of choice” for plaintiffs in environmental and toxic tort litigation, but two federal jurisdiction doctrines — preemption and political question — remain potential roadblocks. And while such cases continue to be viable under state law, courts generally have refused to lower the bar for plaintiffs to prove injury and causation, and to certify classes based on nuisance, say attorneys at Gibs... (continued)