Environmental

  • August 21, 2014

    Barclays, Citi Back SunEdison's $160M Rooftop Solar Fund

    SunEdison Inc. said Thursday that it’s closed a $160 million fund with Barclays PLC and Citigroup Inc. that will finance distributed solar energy projects in the U.S. using a structure that will provide the tax equity for 40 such projects.

  • August 21, 2014

    UK Waste-To-Energy Project Receives £64M Boost

    The U.K.'s Green Investment Bank is injecting £64 million ($106.2 million) into a waste-to-energy project in Derby, England, that will bolster recycling and generate enough renewable energy to power roughly 14,000 homes, it said Thursday.

  • August 21, 2014

    Clerical Error Leads US To Cut Taiwan Solar Panel Duties

    The U.S. Department of Commerce has made a marked reduction to the level of initial tariffs applied to imports of Taiwanese solar panels that have been sold in the U.S. at unfairly low prices after correcting ministerial errors that led to a faulty anti-dumping margin.

  • August 20, 2014

    Class Cert. Denied In NJ Train Derailment Case

    A New Jersey federal judge on Wednesday denied class certification to residents and businesses suing Consolidated Rail Corp. for lost income over the fallout of a 2012 derailment and chemical spill in New Jersey, finding insufficient evidence that the proposed class members would be numerous enough.

  • August 20, 2014

    5th Circ. Cites Hobby Lobby To Decide Eagle Feather Law

    The Fifth Circuit on Wednesday ruled in favor of unaffiliated American Indians who sued the U.S. Department of the Interior over their right to possess eagle feathers, remanding the case and instructing the district court to consider the Supreme Court’s recent holding in Hobby Lobby.

  • August 20, 2014

    GOP Rep. Rips FEMA's Anti-Fracking Land Acquisition Policy

    U.S. Rep. Lou Barletta, R-Pa., and a group of energy industry officials on Wednesday slammed a U.S. Federal Emergency Management Agency policy unveiled in May barring the acquisition of flood-prone properties that could host hydraulic fracturing activity due to separate ownership or leasing of subsurface rights.

  • August 20, 2014

    South Fla. Elected Officials Back EPA's Carbon-Cutting Rule

    While local governments can work to mitigate rising sea levels in their communities, reducing carbon pollution is going to be critical to tempering climate change's impact, a group of 30 elected South Florida officials told the U.S. Environmental Protection Agency on Wednesday.

  • August 20, 2014

    9th Circ. Derails Union Pacific Air-Pollution Suit

    The Ninth Circuit on Wednesday refused to revive a suit brought by three environmental groups claiming diesel-based air pollution from Union Pacific Corp. and BNSF Railway Co. — California’s two biggest rail yard operators — exceeds safe levels, ruling the plaintiffs couldn't state a plausible claim for relief under federal law.

  • August 20, 2014

    Enviros Can't Block Oxbow Coal Export In Long Beach

    The city of Long Beach, California, on Tuesday rejected environmental groups' challenge to Oxbow Energy Solutions LLC's new 15-year lease to ship coal out of the Port of Long Beach, holding that a new environmental review is not needed for the Oxbow facility.

  • August 20, 2014

    Cabot Fined By Pa. DEP For Gas Well Accident

    The Pennsylvania Department of Environmental Protection announced Tuesday that it had fined Cabot Oil & Gas Corp. $76,546 over a January gas leak at a well pad in Susquehanna County.

  • August 20, 2014

    DOI Reaps $110M In Gulf Of Mexico Oil Lease Auction

    ConocoPhillips Co. and Chevron Corp. were among the top bidders in the $110 million reaped by the U.S. Department of Interior for oil and gas drilling leases covering over 430,000 million acres in the Gulf of Mexico off the Texas coast, the agency said Wednesday.

  • August 20, 2014

    Pa. Groups Call For Audit Of Fracking Complaint Response

    A group of environmental and health care activists called Tuesday for an independent investigation into reports that officials at the Pennsylvania Department of Health were instructed not to respond to complaints from citizens about the effects of fracking operations near their homes.

  • August 20, 2014

    Renexia's $8.7M Bid Tops Md. Offshore Wind Auction

    The U.S. unit of Italian renewable energy firm Renexia SpA on Tuesday won the third federal offshore wind lease auction with an $8.7 million bid for nearly 80,000 acres off the Maryland coast that federal officials say could produce up to 1,450 megawatts of electricity.

  • August 19, 2014

    NJ Lawmakers Urge Support For DOT's Crude Oil By Rail Rule

    Two New Jersey lawmakers on Monday announced their bipartisan support for stricter federal regulations for rail tank cars carrying flammable materials like crude oil, urging the state's congressional delegation to back the proposal to keep New Jerseyans safe from potential derailments.

  • August 19, 2014

    Waste Management Hits Oakland With Suit Over $1B Contracts

    Waste Management of Alameda County Inc. hit the city of Oakland with a lawsuit in California court on Monday, seeking an order directing the city council to repeal three separate contracts, worth a combined $1 billion and awarded to another provider, based on environmental concerns.

  • August 19, 2014

    Shepherd & Wedderburn Nabs Ex-DLA Construction Partner

    Scottish law firm Shepherd and Wedderburn LLP has hired a former DLA Piper partner with expertise in standard and renewable energy projects and large-scale infrastructure, tasking him with expanding its construction and projects practice, the firm announced Tuesday.

  • August 19, 2014

    RE Company Strikes $22M Deal Over NJ Superfund Site

    A real estate company has reached a $22 million settlement with federal and state authorities over the cleanup of a New Jersey Superfund site at the center of a separate $367 million deal that's still pending in court, according to a notice in Monday's state Register.

  • August 19, 2014

    NJ DEP Looks To Close Funding Gap With Air Permit Fee Hikes

    New Jersey's environmental regulator wants to increase air pollution permitting fees for minor and major facilities by approximately 44 percent to help close the gap between the air quality program's revenue and the cost of running it, according to a notice in Monday's state register.

  • August 19, 2014

    Frontier, FAA Seek To Escape NJ Airport Expansion Suit

    Frontier Airlines Inc. on Monday asked a New Jersey federal court to dismiss a suit alleging it unlawfully skipped a noise analysis prior to offering passenger flights from a Mercer County, New Jersey, airport, claiming the suit is time-barred and was filed in the wrong venue.

  • August 19, 2014

    Pa. Enviros Renew Challenge To Anadarko Fracking Permits

    Environmental advocacy group PennFuture on Monday challenged state Department of Environmental Protection permits issued for an Anadarko unit’s natural gas well in Lycoming County, highlighting potential damage to a nearby stream and wetlands from the company’s earth-moving activities.

Expert Analysis

  • EPA Unit Rule's Impact Hinges On State Implementation

    Alison M. Nelson

    The U.S. Environmental Protection Agency's proposed rule regarding modified and reconstructed units will potentially affect all fossil fuel-fired electric generating units, and the rule's impact on existing units could be significantly more far-reaching depending on the approach states take toward emission reduction, say Robert Wilkinson and Alison Nelson of Husch Blackwell LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Opportunities In Russia's Renewable Energy Program

    Alex Blomfield

    For corporate lawyers, Russia’s renewable energy incentive program may provide opportunities given significant need among Russian companies to establish joint ventures and their inexperience with successfully and cost-effectively executing renewable energy projects, say Alex Blomfield and Alexandra Rotar of King & Spalding LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Wind River Reservation May Shape Tribal CAA Jurisdiction

    Bart J. Freedman

    Public and private entities, including the state of Wyoming, have raised an issue of first impression as to whether the U.S. Environmental Protection Agency has the authority to determine an Indian reservation's boundaries under the Clean Air Act — the result could lead to a departure from established regulatory principles and should be of interest to entities operating on or near reservations, say attorneys at K&L Gates LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Combating Calif. Drought With More Recycled Water

    Alison B. Torbitt

    The obvious participants in California's recycled water program will be municipal wastewater treatment plants that already have the equipment and expertise to comply with treatment regulations — the program may even prove a good source of extra income for such facilities while they save scarce freshwater sources, says Alison Torbitt of Nixon Peabody LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • EPA May Threaten Reverse Distribution Of Pharmaceuticals

    Jonathan E. Wells

    The U.S. Environmental Protection Agency may adopt starkly different approaches toward regulating nonhazardous pharmaceuticals and pharmaceuticals containing hazardous ingredients, with additional inconsistencies between health care facilities and other retailers — a regulatory nightmare for industry, say Jonathan Wells and Elise Paeffgen of Alston & Bird LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.