Texas and six other states were permitted to intervene Friday in a federal lawsuit that will set a deadline for the U.S. Environmental Protection Agency to determine which areas of the country don’t comply with a critical part of its sulfur dioxide emissions standards for power plants and other sources.
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.
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.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The Ninth Circuit's decision in Washington Environmental Council v. Bellon is part of a string of recent cases that limit the ability of environmental plaintiffs to bring lawsuits based on climate change. Significantly limiting the availability of statutory claims under the Clean Air Act, this decision rests on the principle that a causal chain involving numerous third parties is too weak to support standing, says Marc Bruner of Perkins Coie LLP.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
Voters in Ohio and Colorado decided on Nov. 5, 2013, to prohibit certain oil and gas operations within several of their cities' limits. However, these new restrictions may end up being unenforceable, in whole or in part, due to the clashes they create between state and local regulatory authority, says Barclay Nicholson of Norton Rose Fulbright.
The expansion of the Pipeline and Hazardous Materials Safety Administration’s jurisdiction “inside the fence” of midstream natural gas processing facilities will change the regulatory landscape significantly. Extended to facilities that meet OSHA requirements, they will require companies to retool their plants in order to comply — potentially resulting in operational stoppages and economic losses, say Rachel Clingman and Jacob Dweck of Sutherland Asbill & Brennan LLP.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.