North Carolina regulators on Friday told Duke Energy Progress Inc. that it would be cited for violating state environmental laws surrounding the company's massive coal ash spill earlier this month that dumped up to 82,000 tons of coal ash across 70 miles of the Dan River.
A Maryland appeals court on Friday held that an agreement between Dominion Cove Point LNG LP and the Sierra Club, which was used to restrict the use of the Cove Point LNG facility, allows Dominion to construct liquefied natural gas export facilities, rejecting the Sierra Club’s appeal.
The U.S. Department of Energy on Friday finalized new energy efficiency standards for commercial refrigeration equipment used by restaurants, supermarkets and similar businesses, saying the new rule would cut carbon emissions by millions of metric tons over three decades.
A Texas federal judge said Wednesday that operations at a coal-fired plant owned by Energy Future Holdings Corp. subsidiary Luminant Generation Co. LLC did not violate the Clean Air Act, ending the Sierra Club’s $470 million suit against the energy giant.
Rep. John Shimkus, R-Ill., floated legislation on Thursday that would overhaul the nation's decades-old chemical safety rules, incorporating some of the general reforms in a Senate bill introduced last year while specifying the bill would not preempt product liability lawsuits.
The California Legislature on Thursday passed a $687 million drought relief package that includes $40 million in food and water for Californians hit hardest by the record drought, sending the proposals to Gov. Jerry Brown’s desk.
The six months after a woman returns from maternity leave is a key point in her career, and a firm that takes steps to help a woman through that period greatly increases the chances that she will stay and continue to progress, says Christine Haskett, co-chairwoman of Covington & Burling LLP's patent litigation group.
I once chaired a major aviation conference in Europe where a speaker expressed surprise and doubt that someone young and pretty could possibly be in my role. I thanked the speaker for the compliment, referring to him as "my favorite dinosaur." Everyone had a laugh, and I had made my point, says Anita Mosner, deputy chairwoman of Holland & Knight LLP's aviation team.
A Louisiana federal judge on Friday found Murphy Oil USA Inc. can't collect damages for lost profits from the U.S. Coast Guard after a barge collision and oil spill because it provided no evidence it actually lost business.
The Alliance to Protect Nantucket Sound, which opposes the planned Cape Wind project, sued the Federal Aviation Administration in D.C. federal court Thursday, alleging the FAA unlawfully withheld documents the environmental group sought in a Freedom of Information Act request nearly two years ago.
The U.S. Environmental Protection Agency on Thursday gave its blessing to Eastman Kodak Co.’s settlement with New York protecting it against environmental liabilities related to an $8.5 million industrial complex it sold, which had previously garnered objections when it was announced in bankruptcy court.
A top U.S. Senate Democrat on Friday urged the Government Accountability Office to investigate how the State Department selects contractors, after the agency’s internal watchdog cleared it in a conflict-of-interest probe involving a contractor that helped write an environmental review of the proposed Keystone XL pipeline.
The Fifth Circuit on Friday partially revived a contract dispute between MetroplexCore LLC, a Texas environmental engineering firm, and Parsons Transportation Group Inc., an Illinois general contracting firm, holding that MetroplexCore could seek damages from Parsons for excluding MetroplexCore’s role in a passenger-rail project.
The Second Circuit on Wednesday refused to revisit its decision reviving New York’s lawsuit seeking to recover cleanup costs for groundwater contamination at a Superfund site in Nassau County despite arguments that the order contradicts an earlier ruling and creates a circuit split.
The Federal Energy Regulatory Commission on Friday gave the environmental go-ahead to a planned expansion of Williams Partners LP's Transco natural gas pipeline that would increase transportation to utility company National Grid's system in Brooklyn and Queens, N.Y.
Two U.S. senators on Thursday reintroduced a bipartisan bill that aims to incentivize the use of energy-efficient technology and spur private sector investment in projects like building efficiency upgrades, after last year's bill died amid partisan battles in the Senate.
The U.S. Environmental Protection Agency on Friday threw up a major roadblock in front of plans for a massive proposed copper mine in Alaska that would be near the world’s largest sockeye salmon fishery, saying no permits may be issued while it reviews the environmental impacts.
The U.S. Environmental Protection Agency on Thursday asked the Fifth Circuit to overturn a ruling that it must re-examine a request for rules to curb the pollution behind marine “dead zones,” arguing the decision undermines its authority.
The Washington Supreme Court on Thursday upheld a state environmental regulator’s approval of a cogeneration project at a paper mill run by Port Townsend Paper Corp., agreeing the project wouldn’t harm the state’s forests or produce excess carbon emissions.
A pair of landowners asked the Texas Supreme Court Thursday to reinstate a jury verdict they scored in a contract dispute with Enbridge Pipelines East Texas LP over pipeline construction that allegedly ruined the aesthetics of their once picturesque land.
Professional literature, court opinions, rules of evidence, and other bodies of knowledge and works of law often use the phrase “reasonable certainty” when discussing damages, but the threshold for reasonable certainty is ambiguous. Courts enjoy a wide discretion in determining whether the expert’s testimony qualifies, and it appears that the courts will look toward several potential variables, say Neil Steinkamp of Stout Risius Ross Inc. and Regina Alter of Butzel Long PC.
California's Global Warming Solutions Act and Green Chemistry Initiative were intended to fill a perceived gap created by inaction at the federal level on the control of greenhouse gas emissions and the chemical safety of consumer products. Now, the U.S. Supreme Court will decide if they exceed the boundaries of the dormant Commerce Clause in their regulation of products and emissions originating from other states, says Ward Benshoof of Alston & Bird LLP.
What is the underlying barrier that prevents corporations from achieving the levels of diversity and inclusion that they seek within their corporate cultures? While the obstacles seldom take the form of outright discrimination, the challenges are more likely to come in the form of hidden biases, cultural blind spots and stereotypes, says David Allgood, chairman of the Association of Corporate Counsel board of directors and general counsel of Royal Bank of Canada.
With winter in full gear, the Judicial Panel on Multidistrict Litigation heads to New Orleans for the Jan. 30 panel session. But first, let's take a retrospective look both at 2013 as well as some of the lucky winners and losers at the Dec. 5 panel hearing in Las Vegas, says Alan Rothman of Kaye Scholer LLP.
The allegations against Freedom Industries Inc. after the chemical leak in West Virginia's Elk River call into question the regulatory oversight all companies with environmentally sensitive materials undergo. Simply having a response plan or process safety system is not enough as post-incident litigation after last year’s Gulf oil spill trial made evident, says Matt Gatewood and Carter Williams of Sutherland Asbill & Brennan LLP.
While it has some prominence in the environmental literature, the precautionary principle’s efficacy as a litigation argument has proven scant. A common strain through the opinions dismissive of it is the precautionary principle’s inherent conflict with traditional framework of proof in litigation, says James Sabovich of Gibson Dunn & Crutcher LLP.
The Supreme Court is considering challenges to the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule, after the D.C. Circuit struck down the rule in 2012. It remains to be seen if the high court expands or contracts the deference federal agencies receive in construing undefined, ambiguous rules that affect multiple states, says Kevin Lyskowski of Faegre Baker Daniels LLP.
Prosecutions brought under the U.K. Bribery Act have become a serious and costly concern for food and beverage manufacturers and distributors that operate or associate with business partners in the U.K. Meanwhile, U.S. regulators continue to remind executives that a bribery prosecution against their business could lead to a prison sentence and should not be regarded as a mere cost of doing business, say attorneys with McGuireWoods LLP.
The U.S. Coast Guard and Environmental Protection Agency share regulatory jurisdiction over discharged ballast water, however, they take different positions on how to address it with preapproved technology. While the Coast Guard grants legal protection to vessels that cannot install new technologies, the EPA does not — and vessel owners and operators can face administrative, civil and even criminal sanctions for failing to install the equipment in time, say attorneys at K&L Gates LLP.
The hiring of a state seismologist by the Texas Railroad Commission — which regulates drilling activity in the Lone Star State — is itself significant as Texas has never had a state seismologist due to its general lack of earthquake history. Meanwhile, the lack of scientific proof clearly linking fracking activities to earthquakes has not stopped lawsuits from attempting to make the case, says Jed Winer of Weil Gotshal & Manges LLP.