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Environmental
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January 8, 2013
Kinder Morgan Unit Sues Over Pa. Enviro Pipeline Challenge
A unit of Kinder Morgan Energy Partners LP on Monday sued two environmental groups and the Pennsylvania Environmental Hearing Board for attempting to circumvent the federal permitting process to block a $400 million natural gas pipeline expansion in Pennsylvania and New Jersey.
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January 7, 2013
Solar Co. Falsely Promises Energy Savings, Suit Says
SunRun Inc. was hit with a proposed class action Friday by a customer accusing the San Francisco-based solar energy company of promoting the purported cost savings potential of solar panels by making misleading claims about the increasing costs of electricity.
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January 7, 2013
Fracking Co. Appeals Pa. DEP Order Over Pipeline Location
A subsidiary of gas driller Penn Virginia Resource Partners LP filed an appeal Friday challenging an order by the Pennsylvania Department of Environmental Protection demanding sections of gas and water pipelines in Lycoming County be moved farther away from a nearby stream.
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January 7, 2013
Pasadena Residents Challenge NFL Rose Bowl Deal
Several Pasadena, Calif.-area community organizations lodged a suit against the city in state court on Thursday challenging its five-year agreement with the National Football League to allow increased use of the Rose Bowl Stadium, arguing that Pasadena failed to properly account for increased pollution caused by ticket holders and tailgaters.
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January 4, 2013
Utility To Spend $300M On Projects, Fines To End CAA Suit
Wisconsin Public Service Corp. will put $307 million into investments, projects and penalties to resolve Clean Air Act claims that it failed to properly mitigate pollutant emissions from coal-fired units at two power plants, the U.S. Department of Justice announced Friday.
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January 4, 2013
Alpha Hit With Another Pollution Suit Over Pa. Coal Mine
Alpha Natural Resources Inc. was sued Wednesday by an environmental group over alleged pollution from a southwestern Pennsylvania coal mine, the second such suit against the coal giant in a week.
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January 2, 2013
Greenwich Sues To Duck Cleanup Costs At NJ Becton Site
Greenwich Insurance Co. on Wednesday asked a New York court to rule that it doesn't owe coverage to Becton Dickinson & Co. for more than $3.5 million that the medical technology company incurred investigating and remediating vapor issues at a New Jersey property.
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January 2, 2013
Alpha Unit Sued Over Alleged Pollution From Pa. Coal Mine
A Pennsylvania environmental group filed a federal lawsuit Monday against a coal mine operated by Alpha Natural Resources Inc., claiming that the facility was illegally polluting several key waterways that feed the Monongahela River.
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December 21, 2012
Solutia, EPA Ink $1M Deal Over Pollution At Chemical Plant
Chemical manufacturer Solutia Inc. and a plastics maker have agreed to pay $970,000 to settle allegations by the U.S. Environmental Protection Agency that they violated the Clean Air Act while operating a chemical plant in Springfield, Mass., the agency said Thursday.
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December 20, 2012
Enviro Groups Sue NJ Over New Waterfront Access Rule
A pair of environmental groups filed a legal challenge Tuesday arguing the New Jersey Department of Environmental Protection oversteps its authority in a new rule for public access to the state's beaches and tidal waterways by improperly giving itself power to determine policies for municipalities.
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December 20, 2012
Del Monte Seeks $14M From Kraft, RJR For Pollution Cleanup
Del Monte BV lodged a $14 million environmental suit against R.J. Reynolds Tobacco Holdings Inc. and a Kraft Foods Group Inc. subsidiary in New York state court Wednesday, arguing that a 1989 purchase agreement forces the two former owners of a polluted pineapple plantation to cover cleanup costs.
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December 18, 2012
Oil And Gas Group Sues Colo. Town To Kill Fracking Ban
In a test of cities' power to police hydraulic fracturing, the Colorado Oil & Gas Association on Monday sued a Denver-area municipality to invalidate a voter-approved ban on the natural gas extraction technique, saying it intrudes on state oversight and fosters inconsistent regulation.
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December 17, 2012
US Offshore Leasing Plan Fails Economic Test, DC Circ. Told
An environmental advocacy group on Monday challenged the Obama administration’s five-year offshore oil and gas leasing program in the D.C. Circuit, claiming its plans for new lease sales were economically unjustified.
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December 14, 2012
Canadian Mining Co. Hit With $152M Kyrgyz Pollution Claim
Canadian mining company Centerra Gold Inc. is facing a $152 million claim from the Kyrgyzstan government alleging environmental damages from waste dumps used in the company's mining operations in the Central Asian country, Centerra said Friday.
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December 13, 2012
Georgia-Pacific Faces $235M Suit Over Stormwater Release
A California conservation group hit Georgia-Pacific Gypsum LLC with a Clean Water Act suit in California federal court Tuesday, accusing the company of discharging excessive amounts of pollutant-contaminated stormwater into the San Joaquin River and seeking more than $235 million in penalties.
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December 12, 2012
LA Landfill Neighbors Sue Browning-Ferris Over Pollutants
Neighbors of the Sunshine Canyon landfill near Los Angeles accused landfill operator Browning-Ferris Industries of California Inc. in a putative class action Tuesday of creating a nuisance by releasing pollutants, air contaminants and noxious odors from the landfill into their neighborhoods.
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December 10, 2012
Ky. Residents Sue Over Train Derailment, Chemical Fire
Four Kentucky residents forced to evacuate their homes following an October train derailment that caused a toxic spill and massive chemical fire are seeking compensation from three railroad companies and an environmental cleanup firm, according to a class action removed to federal court Monday.
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December 7, 2012
Pharma Groups Take On Calif. County's Drug Disposal Rule
Major pharmaceutical and biotechnology groups on Friday sued a California local government over its ordinance requiring drug companies to pay for the collection and disposal of leftover drugs they manufacture, saying the rule puts too much responsibility on companies.
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December 5, 2012
Oyster Farm Sues DOI For Rejecting Lease Renewal
A Marin County, Calif., oyster farm sued the U.S. Department of the Interior on Monday for failing to renew the farm's lease in the Point Reyes National Seashore because of what the company claims is a flawed environmental impact statement.
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December 5, 2012
EPA Sued Over Pollution Controls At Xcel Power Plant
The National Parks Conservation Association and five other environmental advocacy groups sued the U.S. Environmental Protection Agency in Minnesota federal court Wednesday to compel the agency to mandate stricter pollution controls at a Minnesota Xcel Energy Inc. power plant.
Expert Analysis
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What The Future Holds For Fracking In NY
Two major decisions — one from a New York state appeals court on a municipality's ability to regulate natural gas exploration through home rule powers and another from a state agency on whether health effects of high-volume hydraulic fracturing have been sufficiently addressed — are expected in the spring of 2013 and will largely determine the extent to which fracking will occur in New York state, say attorneys with Nixon Peabody LLP.
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Parties Involved In RIN Fraud, EPA Will Protect You
In response to fraud in the renewable identification number market, the U.S. Environmental Protection Agency recently proposed a rule amending the renewable fuel standard program. It is not clear yet what type of RIN, among the three that the rule sets up, will be preferred by petroleum refiners, but at least the first two options give parties protection from the civil penalties they previously faced for invalid RINs, says Anisha Sud of King & Spalding LLP.
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Whooping Crane Endangerment With A Water Rights Twist
In addition to holding regulators vicariously liable under the Endangered Species Act, the Aransas Project v. Shaw decision portends significant implications for any entity that obtains water under an appropriative water rights system. If upheld by the Fifth Circuit, the rationale by the Southern District of Texas could also extend to groundwater conservation districts that issue drilling permits for groundwater, say attorneys with Sedgwick LLP.
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How Lawyers Benefit From Early Neutral Evaluation
Early neutral evaluation usually asks a retired judge to consider one party’s case, as if preparing to rule on summary judgment or presiding over a bench trial. Effective evaluation can supply a reality check on a case — it gives the lawyer the gift of seeing the case as others see it, says James Rosenbaum, a panelist with JAMS and former U.S. district judge for the District of Minnesota.
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Inside EPA's Plan For Startups, Shutdowns And Malfunctions
The U.S. Environmental Protection Agency recently proposed a state implementation plan requiring 36 states to revise their provisions governing excess emissions associated with emission unit or control device startups, shutdowns and malfunction events. The agency has effectively offered to split the difference between the goals of environmental groups and industry, says Stacie Fletcher of Gibson Dunn & Crutcher LLP.
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Dissecting Alaska's Oil And Gas Dilemma
Today, the aging fields in Cook Inlet, Alaska, are nearing exhaustion, and the home heating oil in Fairbanks is also becoming dramatically scarcer. Policymakers are concerned about how these sources will be replaced to provide heat and power for nearly half a million people, and the dilemma lies in deciding the best solution before supplies are exhausted, says Michael Jungreis of Davis Wright Tremaine LLP.
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Sinkhole Insurance On Solid Ground — For Now
With all of the press that sinkhole collapse is getting lately, the question arises: Can it be long before the sinkhole exception to certain exclusions begins to disappear from insurance policies? Should losses mount, we might even see a specific “sinkhole exclusion” come onto the market, says Carl Salisbury of Kilpatrick Townsend LLP.
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Rule 12(e): What Is It Good For? Absolutely Nothing
The recent evolution of case law governing the standard for Rule 12(b)(6) motions to dismiss reveals that Rule 12(e) serves no practical purpose in modern pleading practice, says Nathan Kipp of Seyfarth Shaw LLP.
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Fish Yourself Out Of Asian Carp Scare
In a recent report, the U.S. Army Corps of Engineers documented that Asian carp DNA found in the Chicago Area Waterway System could stem from at least six different sources besides live Asian carp. The report's findings should reduce the concern that Asian carp are about to enter the Great Lakes through the CAWS and allow consideration of more sensible alternatives to address the potential migration, says David Rieser of Much Shelist PC.
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Litigation Support At A Crossroads
Despite recession-driven cost pressures that have resulted in the downsizing of nonlawyer personnel at law firms, many litigation support departments are growing. In a recent survey, half of respondents indicated that their function has grown in size in the past three years, and more than half of respondents indicated that current staffing levels are inadequate for the projected needs of the coming year, say experts at Epiq Systems and Georgetown University Law Center.