Environmental

Expert Analysis

The Future Of Renewable Energy And The False Claims Act

Those applying for and receiving funds under the various renewable energy grant programs should no doubt be cautious not to overstate the key aspects of their projects or overreach for grant funds. Looking into the crystal ball, the coming years are likely to witness interesting issues as the False Claims Act is applied to the renewable energy industry, say Michael McCollum and John Eliason of Foley & Larder LLP.
Birth Defects — Prenatal Liability Or Workers Comp?

Peters v. Texas Instruments Inc. will be an important case to watch in the developing area of birth defects torts, particularly because Delaware’s Superior Court has more than a dozen such cases waiting in the wings that are likely to follow Peters — cases which implicate the workers’ compensation systems of several different states, say Patrick Dennis and Perlette Michele Jura of Gibson Dunn & Crutcher LLP.
Buy American: Domestic Clean Energy For The DOD

Solar power developers may have an opportunity to influence future legislation and subsequent rulemaking implementation with regard to the Buy American Act. Careful coordination of the basic needs of the industry and of the U.S. Department of Defense and other federal agencies could ensure the chance for developing a better Buy American program for solar, say attorneys with Reed Smith LLP.
A Collision Of Environmental Issues In Calif.

California Attorney General Kamala Harris has filed a motion to intervene in Cleveland National Forest Foundation v. San Diego Association of Governments. This motion takes an aggressive — if not unprecedented — position that the California Environmental Quality Act requires environmental review documents to analyze environmental justice impacts, say attorneys with Morrison & Foerster LLP.
I'll Take One Order Of Liability, To Go

The problem of extending a premises owner’s duty in tort cases is many-fold, as it potentially allows for a limitless group of plaintiffs and ignores the fundamental principle of premises liability law: control over the premises. But some states have allowed such an extension of duty to "take-home" plaintiffs, say Jayme Long and Anne Cherry Barnett of McKenna Long & Aldridge LLP.
EPA's Absolute Commitment To Renewable Fuel Standards

The U.S. Environmental Protection Agency has issued notices of violation against Clean Green Fuel LLC and Absolute Fuels LLC, establishing that the agency is intensifying its program of Renewable Fuel Standard enforcement, say Graham Noyes and Krista McIntyre of Stoel Rives LLP.
A Side Of Superfund Liability With Your Asset Deal

The U.S. District Court for the Eastern District of Wisconsin has held that a company can assume Superfund liability through an asset purchase agreement. This decision opens the door for the U.S. government to argue that both contracting parties may have direct liability to the government, and to pursue actions against seller and buyer, says Anne Viner of Much Shelist PC.
Shale To The Chief

Now that President Barack Obama has endorsed the scientifically sound development of shale gas resources and the media hype around shale development continues, there are lessons to be taken from other products and industries that have faced similar governmental investigations into science and technology, says Hope Freiwald of Dechert LLP.
Curtailing The Ohio EPA’s Cost-Recovery Authority

In State of Ohio ex rel. DeWine v. Mass Realty, et al, an Ohio court has issued a major decision that significantly narrows the types of costs that the Ohio Environmental Protection Agency can recover as response costs in a remediation case action. The opinion is notable for its highly deferential approach toward the trial court's civil penalty analysis, say Thaddeus Driscoll and Kevin McMurray of Frost Brown Todd LLC.
The Pitfalls Of Paperless Discovery

By understanding the options available, attorneys can safely negotiate the hurdles and pitfalls of e-discovery to ensure the clients’ best interests are met and protected. This starts with understanding the potential risks and benefits of the available technology, people and processes, say Shannon O'Malley and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.