Practice Areas
Industries
Environmental
-
May 25, 2012
Ohio OKs Fracking Bill Requiring More Insurance, Disclosures
The Ohio legislature gave final approval Thursday to legislation that calls for oil and gas companies to reveal chemicals used in hydraulic fracturing and requires horizontal well owners to obtain at least $5 million in insurance coverage.
-
May 25, 2012
Reopened Uranium Mine At Odds With DOI Ban, 9th Circ. Told
Groups opposed to the 2009 reopening of a defunct uranium mine asked the Ninth Circuit on Friday to revive their claims against federal land regulators in a case that will test the strength of a recent federal ban on uranium mining near the Grand Canyon.
-
May 25, 2012
Calif.'s Proposed Wildfire Liability Cap Sparks Criticism
The U.S. attorney in Sacramento on Thursday attacked a provision in Gov. Jerry Brown's revised California budget seeking to limit damages from wildfire liability, claiming the measure pandered to the timber industry and would undermine the federal government's suit against Sierra Pacific Industries Inc.
-
May 25, 2012
Judge Backs EPA's 1st Ship Engine Air Pollution Deal
A federal judge has backed a settlement the U.S. Environmental Protection Agency brokered with units of EnPro Industries Inc. and General Dynamics Corp. resolving allegations the firms made and installed engines for U.S. Navy ships that didn't meet environmental standards — a deal heralded as an agency first.
-
May 25, 2012
Lawmakers Vote To Keep NJ In Cap-And-Trade Program
The New Jersey Assembly on Thursday approved a bill taking another swing at Gov. Chris Christie's decision last year to pull the state from a regional cap-and-trade program.
-
May 25, 2012
6th Circ. Says Citizens Can't Sue States Over CAA Enforcement
The Sixth Circuit has reversed a lower court decision that private citizens can bring suits against state regulatory agencies that fail to enforce the Clean Air Act, ruling Friday that the Sierra Club's case against the Ohio Environmental Protection Agency must be dismissed.
-
May 25, 2012
CES Settles Houston Residents' $15M Suit Over Toxic Fumes
Defunct CES Environmental Services Inc. on Tuesday settled a suit brought by a group of Houston-area residents seeking up to $15 million in damages over the company's allegedly unlawful hazardous waste operations, resolving the matter just one week ahead of trial.
-
May 25, 2012
Lockheed Can't Dodge Virgin Islands Superfund Claims
A federal judge on Friday refused to allow Lockheed Martin Corp. to avoid some of the claims it faces in a Superfund suit in the U.S. Virgin Islands over alleged water pollution from an alumina refinery.
-
May 25, 2012
NY AG Says State's Energy Future Lies Beyond Indian Point
New York's top law enforcer on Friday cast doubt on the Indian Point nuclear facility's future, saying state regulators will continue their aggressive stance on spent fuel, fire and earthquake safety and the state's best energy prospects going forward are elsewhere.
-
May 25, 2012
NRG Rival Sues To Halt $120M Calif. Car-Charging Deal
Electric vehicle charging company ECOtality Inc. on Friday sued to block a $120 million settlement between NRG Energy Inc. and California regulators that would create electric car-charging stations across the state, saying the deal gives NRG a statewide monopoly.
-
May 25, 2012
Syngenta To Pay $105M To End Herbicide Pollution Claims
Syngenta Crop Protection Inc. has agreed to pay $105 million to as many as 2,000 municipal water systems to settle class action allegations that its herbicide tainted water supplies, the company said Friday.
-
May 25, 2012
EPA Agrees To Review Wis. Coal Plant's Permits
A Wisconsin federal judge on Wednesday dismissed a lawsuit accusing the U.S. Environmental Protection Agency of failing to impose stringent enough permit provisions for a coal-fired power plant in the state, saying the agency has agreed to address the issues.
-
May 25, 2012
McGuireWoods Adds Toxic Tort Pro From Bowman And Brooke
McGuireWoods LLP has expanded its environmental product liability practice by adding a former Bowman and Brooke LLP partner to its Richmond, Va., office, the firm said.
-
May 25, 2012
Judge Pares Chevron's RICO Suit Over $18B Pollution Ruling
A New York federal judge on Thursday further trimmed Chevron Corp.'s suit over an alleged extortion campaign that led to an $18 billion environmental judgment in Ecuadorean court, throwing out multiple claims against environmental consultant Stratus Consulting Inc. while keeping in racketeering and extortion claims.
-
May 25, 2012
Senate Skips DOI Nominee Amid Energy Confirmations
The U.S. Senate on Thursday confirmed two new members of the Federal Energy Regulatory Commission, as well as a nominee for a Department of Energy post, but failed to act on a nominee for a key administrative job in the Department of the Interior who has faced Republican opposition.
-
May 25, 2012
NRC Renews Entergy Nuke Plant License Despite Safety Gripes
The U.S. Nuclear Regulatory Commission on Friday renewed the license for Entergy Nuclear Operations Inc.’s Pilgrim nuclear power plant in Massachusetts, over the objections of state officials, lawmakers and environmental groups who question the plant’s safety.
-
May 25, 2012
IFC Makes First Clean Energy Loan To Central America
The World Bank's financing arm signed its first loan to support clean energy in Central America on Friday, providing $50 million to Honduras' Banco Atlantida SA to fund small-scale renewable power and energy efficiency projects.
-
May 24, 2012
Senate Committee Passes $631B Defense Budget
A U.S. Senate panel on Thursday unanimously approved a $631.4 billion defense budget for 2013 that emphasizes greater energy independence, supports additional high-definition intelligence and surveillance activities and aims to limit contractor use and pay.
-
May 24, 2012
Goldman Commits $40B To Clean Energy Over 10 Years
Goldman Sachs Group Inc. plans to finance $40 billion in renewable-energy projects over the next decade, an area it considers at a “momentous point” of growth, the investment bank said Thursday.
-
May 24, 2012
Texas Floats New Effort To Reduce Gas Flaring
Texas’ energy regulator unveiled an initiative Wednesday aimed at reducing drillers’ use of flaring — the practice of burning off natural gas to access oil — saying the state needed to update its standards as production rises in Texas shale plays.
Expert Analysis
-
The Fate Of Calif.'s LCFS Under The Commerce Clause
The Ninth Circuit has temporarily stayed a federal district court decision striking down provisions of California's low-carbon fuel standard as violative of the Commerce Clause, the first major constitutional challenge to California’s Global Warming Solutions Act. If the lower court's decision stands, the question arises as to whether other aspects of the act could be implicated, mainly cap and trade, say Keith Casto and Bradley Tanner of Shook Hardy & Bacon LLP.
-
The TSCA, Lead And The Division Of The Hazardous Bullet
Environmental advocacy groups have petitioned the U.S. Environmental Protection Agency to ban lead bullets under the Toxic Substances Control Act. Though there are legitimate concerns over risk to health and wildlife from the firing of cartridges containing lead, a statute that expressly prohibits its application to “shells and cartridges” is not the vehicle to address these concerns, say James Sabovich and Heather Hearne of Gibson Dunn & Crutcher LLP.
-
Upholding CWA Negligence Standard In The 5th Circuit
In U.S. v. Pruett, the Fifth Circuit has distinguished, but not overruled, Ahmad, in holding that an offense of the Clean Water Act explicitly requires negligence. This will be important in the Fifth Circuit to the extent a future defendant in that jurisdiction must defend against a knowing violation of the CWA, says Kimberly Bick of Irell & Manella LLP.
-
Sackett: Bolstering Energy Cos.' Enforcement Defense
While undoubtedly a victory for property rights advocates, the U.S. Supreme Court's decision in Sackett v. U.S. Environmental Protection Agency may have broader implications for regulated parties, including energy companies, as a number of existing compliance orders served on energy companies may be subject to Administrative Procedure Act challenges, say Drew Bell, Chris Benson and Cynthia Stroman of King & Spalding LLP.
-
Best Practices For Corporate Social Responsibility
As with many industries, the legal services industry has adapted to the demand for sustainability practices. An effective Corporate Social Responsibility program will manifest itself in all strategic planning, from best firm employee practices and environmental sustainability to providing legal services, recruiting and retention of employees, business development, marketing and philanthropy, says Howard Dakoff of Levenfeld Pearlstein LLC.
-
EPA's Fair Air Rules For Fracking Emissions
The U.S. Environmental Protection Agency has released final rules to reduce by 95 percent certain air emissions from hydraulically fractured wells. Because the EPA has fashioned a rule that works for both sides of the fracking debate, the air quality issues that have surrounded hydraulic fracturing for the past several months now should be off the table, say James Pardo and Brandon Barnes of McDermott Will & Emery.
-
Va.'s Steadfast Ruling On What Is (Not) An 'Occurrence'
The law of unintended consequences looms large in the global warming debate — and the Virginia Supreme Court's decision in Steadfast v. AES is no exception. The declaratory judgment case is considered a bellwether with respect to insurance companies’ duty to defend climate-change lawsuits, says John Nevius of Anderson Kill & Olick PC.
-
Fracking Complaints: Similar Cases, Different Results
Decisions in two separate cases, Tucker v. Southwestern Energy Co. and Fiorentino v. Cabot Oil & Gas Co., have applied federal pleading requirements to complaints alleging contamination from hydraulic fracturing — but with very different results. These decisions may shed light on how other courts are likely to apply pleading requirements that may require dismissal at an early stage, says Victor Thomas of King & Spalding LLP.
-
State Of The Tax Equity Market: Part 3
Parts 1 and 2 of this series followed the discussion of a group of veteran tax equity investors — including managing directors at Bank of America, JPMorgan Capital Corp., Citigroup, Credit Suisse and consultancy CP Energy — regarding wind energy project financing in the tax equity market. Moderated by Keith Martin of Chadbourne & Parke LLP, the final article in this series covers life after 1603, new issues in deals and lessons learned.
-
The Big, Green Apple: NYC's New Zoning Amendment
The New York City Council has approved a city-wide text amendment to the city's Zoning Resolution. The Zone Green amendment enables both existing and future buildings to take advantage of a multitude of energy saving and/or power generating improvements and is likely to catalyze more environmentally sound designs and energy efficient retrofits throughout New York City, say attorneys with Stroock & Stroock & Lavan LLP.