An array of environmental groups on Friday threatened to sue Frasure Creek Mining LLC, claiming the company violated the Clean Water Act by falsifying reports about mountaintop removal mining-related pollution discharges into Kentucky waterways to escape potentially $1 billion in fines.
An environmental lawyer for the California Department of Transportation and a former assistant U.S. attorney who served as judge advocate in the U.S. Air Force, whose practice focuses on major project and infrastructure development, has joined Beveridge & Diamond PC’s San Francisco office, the firm said Monday.
Outgoing Nuclear Regulatory Commission Chair Allison Macfarlane on Monday urged the commission to put in place a new rule governing the oversight of nuclear power plants during the decommissioning process, saying the current oversight process is inappropriate for plants in the process of winding down.
Both the city and county of Los Angeles balked Monday at the speed of a nearly $50 million deal bankrupt Exide Technologies Inc. struck with California regulators over its troubled Vernon plant, arguing they need more time to evaluate how the settlement affects their environmental claims.
BP PLC on Friday asked a Louisiana federal judge to cap its potential Clean Water Act penalties for the Deepwater Horizon oil spill disaster at a maximum of $12.3 billion — a third less than the $18 billion U.S. prosecutors are seeking.
House Republicans on Thursday asked the U.S. Environmental Protection Agency to provide them with data on the costs of meeting 2008 ozone standards, saying it's important to understand this information before new standards are set.
Monsanto Co. and a Dow Chemical Co. affiliate sued Hawaii's Maui County on Thursday for its recently approved ban on genetically modified organisms, saying the ordinance is preempted by state and federal commerce laws.
Environmental groups hoping to stop a hunt for wolves, coyotes and other predators in Idaho in a “predator hunt derby” sued the U.S. Bureau of Land Management on Thursday, alleging it failed to prepare a proper environmental impact statement and should not have approved the event.
New York state on Thursday asked the U.S. Environmental Protection Agency to reverse its denial of Clean Water Act funds for the replacement of the Tappan Zee Bridge, saying the agency's decision was "arbitrary and capricious."
The Federal Energy Regulatory Commission on Friday urged the D.C. Circuit to toss the Sierra Club’s untimely challenge to an order approving a proposed $6 billion natural gas liquefaction and export facility in Louisiana, saying the court lacks jurisdiction because a rehearing petition was filed with the commission 25 seconds too late.
A Pennsylvania federal judge has ruled that an attorney for environmental groups in a suit against PPG Industries Inc. was not disqualified because she was a witness for the plaintiffs since her testimony during a hearing was limited to a chronology of events.
The U.S. Environmental Protection Agency on Thursday reached a $475,000 settlement in its suit against Delek Refining Ltd. in Texas federal court alleging hazardous substances were released into the air after a 2008 pipe rupture and fire that killed two employees at one of its refineries.
The U.S. House of Representatives on Friday approved TransCanada Corp.’s proposal to complete the 1,700-mile Keystone XL tar sands oil pipeline from Alberta, Canada, to southern Texas, a move that, if adopted by the Senate, could force a showdown with a reluctant Obama administration.
A Louisiana federal judge on Thursday denied BP PLC’s bid to escape a finding that the company was grossly negligent in the events leading up to the Deepwater Horizon oil spill disaster, potentially putting BP on the hook for up to $18 billion in Clean Water Act penalties.
New Jersey's Department of Environmental Protection was dealt two setbacks this week in a landfill owner's ongoing litigation, with a state appellate court upending an emergency order allowing the DEP to seize control of the landfill and with a federal judge declining to disqualify the owner's counsel.
The U.S. Environmental Protection Agency has urged the D.C. Circuit to reject a challenge from industry groups and environmentalists to a rule that establishes toxic emission standards for large boilers.
International Paper Inc. escaped a $3 billion environmental enforcement suit on Thursday after a Harris County jury found the company not responsible for polluting a Texas river with toxic waste.
Essex Insurance Co. reached a tentative settlement on Wednesday with the U.S. Department of Justice and other parties in a coverage dispute over $22 million that a defunct Washington scrap metal business allegedly owed the federal government for cleaning up an oil spill in the Columbia River.
Thirteen states and the District of Columbia on Monday told the D.C. Circuit it should toss Murray Energy Corp.'s bid to sink the U.S. Environmental Protection Agency's proposed rule to cut greenhouse gas emissions at existing power plants, calling the challenge premature and meritless.
A coalition of environmental groups sued California regulators in state court on Wednesday, claiming the state violated the California Environmental Quality Act by issuing permits allowing Aera Energy LLC to drill in South Belridge Oil Field in Kern County without first carrying out a required environmental review.
Three and a half years after the accident at the Fukushima Daiichi nuclear power plant, the nuclear industry is experiencing somewhat of a revival, however the apparent disconnect between its rhetoric and the mindset of financiers must be overcome to stimulate the successful development of new plants, say George Borovas and Helen Cook of Shearman & Sterling LLP.
If finalized, the U.S. Environmental Protection Agency's proposal to prohibit excess emissions during periods of startup, shutdown or malfunction in state implementation plans under the Clean Air Act could result in additional enforcement actions for violations of emission limitations during periods of malfunction, say attorneys at Jones Day.
What constitutes an excessive fine has been articulated by the U.S. Supreme Court as a proportionality test, and, as Pacific Gas & Electric Co. argued in its brief before the California Public Utilities Commission, courts sometimes measure excessiveness in penalties by reference to fines levied in other, like circumstances, says Michael Dotten of Marten Law PLLC.
Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.
California's Safer Consumer Products Regulation will be closely watched given the potential for its broad application — indeed, following its enactment, Congress attempted to develop nationwide green chemistry initiatives, say Joshua Bloom and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.
Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.
If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.
The Ninth Circuit's ruling in Center for Community Action and Environmental Justice v. BNSF Railway Co. has potentially broad implications for all diesel exhaust emitters — it may even serve to foreclose future Resource Conservation and Recovery Act citizen suit challenges to air emissions beyond diesel, say attorneys at Crowell & Moring LLP.
Despite being confusing — and violations expensive — the exploration and production industry should utilize the U.S. Army Corps of Engineers' nationwide permitting program as a way to streamline and simplify wetlands permit requirements when seeking approval of on-shore activities, say Robert Holden and Lesley Pietras of Liskow & Lewis.
The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.