Volvo Powertrain Corp. on Friday told the U.S. Supreme Court that the Environmental Protection Agency illegally exercised extraterritorial enforcement authority under the Clean Air Act by imposing $62 million in penalties for 7,262 engines that were neither built nor sold in America.
The federal government's proposed rule requiring Endangered Species Act petitioners to gather information from states about the animal in question creates a new burden that likely won’t withstand inevitable legal challenges, experts say.
The New York Department of Environmental Conservation said Thursday it plans to rescind its partial approval of a permit to build an oil-heating facility at the Port of Albany, citing concerns raised by the U.S. Environmental Protection Agency and environmental groups.
A malpractice trial against John O’Quinn and Associates LLP and appellate court Judge Russell T. Lloyd for allegedly mishandling a pollution suit against Chevron US Inc. officially began Thursday with testimony over a lost-profits model crucial to $1.3 billion in damages sought by Gulf Coast Asphalt Co. LLC, almost four years after the suit was initially filed.
The Ninth Circuit on Thursday revived the city of San Diego's nine-figure lawsuit against Kinder Morgan Energy Partners LP over leaking fuel tanks that polluted soil and groundwater for decades, including an aquifer beneath Qualcomm Stadium, saying a lower court erred finding the city couldn't support its damage claims.
Eastman Chemical Co. on Tuesday challenged in the D.C. Circuit a U.S. Environmental Protection Agency final rule under the Clean Air Act ramping up emissions standards for hazardous air pollutants at waste sites.
Lumber Liquidators Inc., whose CEO resigned Thursday amid allegations the company sold toxic laminate flooring, faces one of the first high-profile U.S. Consumer Product Safety Commission investigations under Elliot Kaye, which attorneys say can set the tone for the agency's oversight under its new chairman.
A Louisiana state levee board on Wednesday asked the Fifth Circuit to overturn a federal judge's February decision to toss its multibillion-dollar suit against 88 energy companies including BP PLC, Chevron Corp. and ConocoPhillips Co. over alleged oil and gas drilling damage to coastal ecosystems.
Nearly 350 people are still working to clean up a Tuesday morning oil spill near Santa Barbara, California, that released an estimated 105,000 gallons of crude underground, about one-fifth of which made it to the ocean water nearby, officials said late Thursday.
Oregon will become the first state in the nation this summer to tax some drivers on mileage rather than on fuel use, with the launch of a voluntary program aimed at making up for declining revenue as cars have become more efficient.
Sen. Ron Wyden, D-Ore., told a Senate Energy and Natural Resources Committee panel on Thursday that two bills he is sponsoring would redress a historic injustice by taking federal lands into trust for four Native American tribes located in the state.
The Sixth Circuit ruled Thursday that the state of Ohio had no authority to lease coal rights under land acquired for a reservoir and dam built by the U.S. Army Corps of Engineers, reversing a district court’s finding that Ohio could grant the lease without the Corps’ approval.
A Louisiana parish sued the U.S. Army Corps of Engineers in federal claims court on Wednesday, seeking reimbursement for a $2 million judgment against it after the Corps allegedly reneged on a promise to pay landowners for soil the parish seized to repair the Corps-maintained levees breached following Hurricane Katrina.
Consolidated Rail Corp. and other railroad companies battling federal lawsuits over a 2012 derailment and chemical spill in Paulsboro, New Jersey, moved Thursday to knock out allegations that Conrail failed to properly train its employees, contending that federal law preempts those claims.
Halting U.S. Export-Import Bank funding of Australian liquefied natural gas projects in the Great Barrier Reef will not stop the projects or address the claims of environmental groups, the bank argued before a California federal judge on Wednesday.
Guidance proposed by the Obama administration to assist federal agencies with factoring greenhouse gas emissions into National Environmental Policy Act reviews is likely to fuel confusion and litigation if not significantly revised in its final form, experts say.
Ten Democratic senators from California, West Virginia and other states called on the Obama administration Wednesday to appoint a permanent director to the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration after many months of delay.
Blackfeet Nation officials urged a federal court Wednesday to stay a utility complaint brought by a Montana town until a related matter is settled in tribal court, saying the town's concerns that its customers' water service could be shut off are put to rest by a tribal court order.
The Marcellus Shale Coalition said Tuesday that the Pennsylvania Department of Environmental Protection’s proposed rules governing surface operations at fracking sites could immobilize drillers.
A federal magistrate judge on Wednesday refused Taylor Energy Co. LLC’s request to maintain confidentiality over documents reportedly showing that a 2004 oil leak in the Gulf of Mexico was worse than the company or federal regulators had portrayed, potentially bolstering environmental groups’ suit over the spill.
The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.
With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.
Steven Donziger’s recent “op-ed” in this publication is his latest deception — repeating on the eve of appeal the lies he has told a thousand times before. Far from a never-before-detailed account, his article is nothing more than a recycling of discredited misrepresentations and outright falsehoods, says Stephen Green, vice president for policy, government and public affairs, Chevron Corp.
The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.
With all eyes on the Second Circuit this Monday when oral arguments begin in the appeal of Judge Lewis Kaplan's decision in Chevron Corp.'s RICO case against Steven Donziger and two of his clients from the Ecuadorian rainforest, the plaintiffs attorney for the first time offers his view, in detail, of the decades-long, multibillion-dollar Lago Agrio oil field pollution case.
If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.
If the plaintiffs in Center for Biological Diversity v. Export-Import Bank of the U.S. are successful in presenting evidence that shipping on the high seas is part of the liquefied natural gas projects, then the extraterritorial application of the Endangered Species Act may be broadened considerably, say attorneys at K&L Gates LLP.
Proposed amendments to Proposition 65 may impose additional chemical warning requirements for companies that do business in California. Detailed warnings also may be required for a growing number of companies based in Texas, including those in the business of petroleum products, gasoline service stations, vehicle repair facilities, diesel engines, raw wood and alcoholic beverages, say David Baay and Maryann Zaki of Sutherland Asbil... (continued)
Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.
Sixty-eight percent of legal technology professionals expect their organizations’ investments in legal data analytics to increase over the next two years. That is just one of the results of a recent survey of more than 125 legal professionals, say Laurie Fischer and Nathalie Hofman of Huron Legal.