The U.S. Supreme Court on Monday set Feb. 24, 2014, as the date for oral arguments for several petitions challenging carbon emissions rules crafted by the Environmental Protection Agency, including those from large stationary sources such as power plants.
General Electric Co. argued in a brief filed Thursday with the Federal Circuit that a judgment ordering Mitsubishi Heavy Industries Ltd. to pay GE about $170 million for infringing a wind turbine patent should stand, saying the lower court properly applied the standard for inequitable conduct.
Duke Energy Inc. said Monday that its renewable energy arm is building three solar plants in eastern North Carolina that will generate a combined 30 megawatts of electricity, enough to power approximately 6,000 homes.
The White House on Monday released the scientific rationale behind its controversial new social cost of carbon calculation and called for public input on the new metric, which has been used since May to determine benefits of greenhouse gas emissions reductions.
The West Virginia Supreme Court on Friday affirmed the approval of a $93 million deal between Monsanto Co. and residents alleging medical damage from Agent Orange herbicide produced at a nearby company plant, rejecting claims from some class members that the settlement did not extend to a sufficient number of people.
A high-profile challenge to how energy companies can dispose of wastewater from oil and gas drilling is returning to the Texas Supreme Court, with the justices on Friday agreeing to decide whether a rice farm can claim subsurface water trespassed on its property.
The Asian Development Bank said Friday it will provide a $110 million loan toward building a 100-megawatt solar power plant in Samarkand, Uzbekistan, as the country looks to use more renewable energy.
The Texas Supreme Court agreed Friday to take up the issue of whether a water district has governmental immunity from a contract claim involving alleged breach of a real-property lease in which the lessee provided services to the general public.
Colorado this week became the first U.S. state to take the plunge into directly regulating methane emissions from oil and gas development, and experts say the rules could provide a template for other states and the federal government as they look to clamp down on the potent greenhouse gas.
The Supreme Court of Texas on Friday denied motions for rehearing from the city of Waco and a citizens group who argued the contested case hearings on water permits issued by the Texas Commission on Environmental Quality were wrongly decided on merits, rather than standing.
Exxon Mobil Corp. will pay New York over $8 million to resolve pollution claims and cover remediation costs incurred by environmental regulators while addressing an oil spill near the Canadian border, the state Attorney General's office said Friday.
The head of Ontario's provincial government is moving ahead with plans to eliminate coal as a source of power in the region, floating legislation Thursday that would ban coal use to protect public health and fight climate change.
The U.S. Environmental Protection Agency on Wednesday asked a federal judge to toss a lawsuit accusing it of inadequately resolving a claim that a California environmental agency discriminated against Latinos by not doing enough to stop schoolchildren from being exposed to pesticides, saying the court lacks jurisdiction.
A new bill introduced on Thursday would eliminate tax subsidies for the oil, gas and coal industries as part of the Obama administration's efforts to tie clean energy to a stronger economy.
Delaware's Supreme Court on Thursday affirmed a decision that kept an expert witness off the stand in a birth defect suit brought by two former Advanced Micro Devices Inc. employees, finding the lower court did not act improperly in deeming the testimony unreliable.
BP Exploration & Production Inc. asked the Fifth Circuit on Thursday to force a Louisiana federal judge to stop payments in the oil giant's estimated $9.2 billion settlement of multidistrict litigation stemming from the 2010 Deepwater oil spill, arguing that some claims could be fictitious.
Two former officials at a suburban Chicago water department were sentenced to probation Thursday for lying to environmental regulators over two decades about supplementing the village’s water supply from a well that turned out to be contaminated, avoiding the prison time sought by prosecutors.
Proposed legislation blocking federal hydraulic fracturing rules passed the U.S. House of Representatives on Wednesday, but with the bill destined to die in the Senate, experts say energy companies should be more worried about local actions that thwart development and scientific studies that will shape long-term policy.
BP PLC on Wednesday told the Texas Supreme Court it should be covered by Transocean Ltd.’s $750 million insurance policy for the Deepwater Horizon oil spill, arguing that to rule otherwise would create great uncertainty about oil and gas insurance contracts statewide.
A Colorado appeals court on Thursday affirmed a trial court's ruling that a mining trade group's challenge against state environmental regulators' rulemaking process for alleged procedural violations is moot, as legislation has already adopted those air quality regulations.
As the hydraulic fracturing industry matures, and the nationwide controversy enters its fourth year, the legal landscape continues to change on numerous fronts. From chemical risks to water resources and battles over local bans to those over sand mines, environmental interests and industries still struggle with governance of the fracking industry, says Adam Orford of Marten Law PLLC.
By recently vacating an injunction against the application of a California regulation that establishes caps on average carbon intensities of transportation fuels consumed in California, the Ninth Circuit, in Rocky Mountain Farmers Union v. Corey, issued a ruling that may have significant consequences for oil and ethanol producers across the globe, says Jonathan Marsh of King & Spalding LLP.
New Jersey policyholders with environmental, toxic tort and other liability claims are not responsible for covering insolvent insurers, as recently confirmed by the New Jersey Supreme Court in Farmers Mutual Fire Insurance v. N.J. Property-Liability Insurance Guaranty Association. Although the case dealt with the NJPLIGA, the ruling has significant, broader implications for policyholders, say attorneys with Lowenstein Sandler LLP.
Pennsylvania's recent charges against XTO Energy Inc. for alleged fracking-related offenses may signal a new direction toward state criminal enforcement in regulation of the fracking industry. Regardless of the outcome, this case is a useful reminder that companies may be subject to prosecution in two courts, under two sets of laws, say Jeremy Peterson and Katherine Ghilain of Arnold & Porter LLP.
Unfortunately, the credentials normally supplied by Big Law firms in beauty contests simply do not tell in-house counsel what they really want to know. Without discounting the difficulty of obtaining helpful information from candidates for outside counsel, there is one question that may be useful for in-house counsel to pose, says Andrew Jarzyna of Ulmer & Berne LLP.
Practitioners should note the unusual twist in Land O' Lakes v. Employers Mutual Liability Insurance Co., in which the Eighth Circuit ruled that no coverage existed for a policyholder's environmental cleanup costs, confirming that the receipt of multiple potentially-responsible-party letters for a single site is not in itself evidence of separate claims, say attorneys with Steptoe & Johnson LLP.
In light of Louisiana Department of Environmental Quality v. U.S. Environmental Protection Agency and other cases narrowing the window for challenging new source review permits, the EPA's Title V objections may provide an easier route for attacking a state’s NSR decisions. Unfortunately, the EPA often uses a passive-aggressive approach, objecting on procedural and not substantive grounds, and creates prolonged uncertainty, say Eddie Lewis and Bob Greenslade of Norton Rose Fulbright.
A recent Seventh Circuit opinion provides a useful roadmap for the U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. Most significantly, the decision affirms that the Corps may rely on the reasoned analysis of other governmental agencies regarding the practicability of less environmentally damaging alternatives to a project, say attorneys with Perkins Coie LLP.
If you own a commercial building of 50,000 square feet or more in the city of Philadelphia, the time has come to address the city’s new energy and water use benchmarking law — which is intended to encourage more informed choices by property owners, tenants and prospective purchasers, says Brenda Gotanda of Manko Gold Katcher & Fox LLP.
In what may be the best sign to date that the price for renewable energy sources are becoming increasingly competitive with the price for traditional energy sources, recently, Massachusetts and Connecticut separately announced contracts to purchase over 800 megawatts of clean wind and solar energy from projects to be constructed in the region, says David Bogan of Edwards Wildman Palmer LLP.