Environmental

  • December 1, 2016

    ND Drilling Co. Agrees To $8M In Upgrades, Fines With EPA

    Slawson Exploration Co. Inc. will spend more than $8 million to settle Clean Air Act claims of failing vapor control systems at its North Dakota oil and gas production facilities, the U.S. Environmental Protection Agency announced Thursday.

  • December 1, 2016

    Calif. High Court Creates Take-Home Asbestos Liability

    The California Supreme Court on Thursday held that employers can be held liable for injuries caused by secondhand asbestos exposure suffered by the household members of employees exposed to the material, ruling employers have a duty to prevent their workers from carrying asbestos home with them. 

  • December 1, 2016

    Calif. Appeals Court Affirms $2B Gas Plant Approval

    A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.

  • December 1, 2016

    Ohio-Mich. Gas Pipeline Scores FERC’s Environmental OK

    A proposed natural gas pipeline that would run through Ohio and into Michigan cleared a major regulatory hurdle Wednesday when the Federal Energy Regulatory Commission said the project did not pose any major environmental hazards.

  • December 1, 2016

    Calif. Gov. Names US Rep. Becerra As Golden State Top Cop

    California Gov. Jerry Brown tapped U.S. Rep Xavier Becerra, the first Latino member of the U.S. House Committee on Ways and Means, to replace Kamala Harris as attorney general when she steps down to take on her new role as U.S. senator, the governor said Thursday.

  • December 1, 2016

    Maine Tells 1st Circ. Not To Expand Tribe's River Rights

    The state of Maine urged the First Circuit on Wednesday to cement a lower court's conclusion that the Penobscot Nation's reservation includes the islands but not the waters in a certain part of the Penobscot River, saying the tribe's attempt to expand its reservation's boundaries should be rejected.

  • December 1, 2016

    Enviros Fight DOE Approval Of LNG Exports At DC Circ.

    The Sierra Club on Wednesday urged the D.C. Circuit to strike down approvals for natural gas export projects in Texas and Louisiana, saying the U.S. Department of Energy should have analyzed the environmental impacts of climate change and new gas production sparked by the projects.

  • December 1, 2016

    Chrome Maker Showed Good Faith In Enviro Row, Judge Says

    A New Jersey state judge on Wednesday ruled that a chrome manufacturer tasked with an environmental contamination cleanup can have access to its former Hudson County property, but that a court will have to determine the terms of the remediation arrangement with the parcel’s new owner.

  • December 1, 2016

    RI Biz Group Urges 1st Circ. To Revive Wind Farm Fight

    A Rhode Island business group on Wednesday urged the First Circuit to revive its challenge to the state's approval of Deepwater Wind LLC's Block Island offshore wind farm, saying a lower court wrongly concluded that the group waited too long to file its lawsuit.

  • December 1, 2016

    Trustee Wants Abeinsa Ch. 11 Plan Rejected Over Releases

    The trustee overseeing Abeinsa Holding Inc.’s Chapter 11 proceedings has objected to the alternative energy firm’s plan to exit bankruptcy, saying it wrongly releases third parties from liability without the express consent of all creditors.

  • December 1, 2016

    Calif., NY Back Conn.'s Renewable Certificate Program

    California, New York and four other states urged the Second Circuit to find that Connecticut's rules on tradable renewable energy certificates don’t conflict with the U.S. Constitution, saying the issue has implications for their own state programs.

  • December 1, 2016

    Navajo Energy Co. Urges Nixing Of Mine, Plant Suit

    A Navajo Nation-owned company that operates a coal mine on the tribe's land continued to urge an Arizona federal court on Wednesday to nix a lawsuit in which a handful of groups claim the federal government flouted environmental laws by approving continued, expanded operations of the mine and an adjacent power plant.

  • December 1, 2016

    Sioux Leaders Urge Obama To Block Dakota Access Pipeline

    Leaders of the Native American tribes belonging to the Sioux Nation urged President Barack Obama in a letter Wednesday to block the controversial Dakota Access pipeline in North Dakota and said the federal government must protect protesters opposing the project "to avoid a humanitarian crisis."

  • December 1, 2016

    Hyperloop Passes $100M Raised With Latest Investment

    High-speed transportation startup Hyperloop Transportation Technologies Inc. said Thursday that it has raised an additional $31.8 million in funding from an investment firm that focuses on transportation, health care and industrial technology innovations, bringing its fundraising total to more than $100 million.

  • December 1, 2016

    CIT Says Taiwan Solar Co. Waited Too Long For Duty Review

    The U.S. Court of International Trade on Monday rejected a Taiwanese company’s bid to participate in an annual review of anti-dumping duties on solar panels, backing the U.S. Department of Commerce’s decision to deny the request as untimely.

  • December 1, 2016

    Utah Counties Want 'Costly' Coal Lease Moratorium Killed

    Two Utah counties and a nonprofit group asked a Utah federal judge Wednesday to strike down the U.S. Department of the Interior’s moratorium on granting leases for coal operations on federal lands while the program is reviewed over environmental and economic concerns.

  • December 1, 2016

    Parker Hannifin Grabs Filtration Maker In $4.3B Deal

    Parker Hannifin Corp. said Thursday that it would buy Clarcor Inc., a maker of filtration products, for $4.3 billion in cash, including debt, bolstering the industrial equipment manufacturer’s filtration offerings and expanding its U.S. presence.

  • December 1, 2016

    Kelley Drye And Texas Firm Known For Enviro Practice Merge

    Kelley Drye & Warren LLP announced Thursday it has merged with the Texas-based law firm Jackson Gilmour & Dobbs PC, allowing Kelley Drye to strengthen its environmental practice and expand both firms' national presence.

  • December 1, 2016

    Princess Cruise Lines To Pay $40M For Deliberate Oil Pollution

    Princess Cruise Lines agreed Thursday to pay a record $40 million settlement to end charges that it illegally dumped oil-contaminated waste from a ship in U.K. and U.S. ports and tried to hide it from authorities.

  • November 30, 2016

    DuPont Judge Eyeing Multi-Plaintiff Trials In Teflon Cases

    The judge overseeing a multidistrict litigation against DuPont over dumping of an allegedly cancer-causing former Teflon ingredient may begin to bundle cases for trial, a practice corporations often resist, documents revealed Wednesday.

Expert Analysis

  • TSCA Nanoscale Rule May Turn Out To Be A Big Deal

    Lawrence E. Culleen

    The U.S. Environmental Protection Agency is moving swiftly forward with what could be the first federal environmental regulation to impose reporting requirements specifically for nanoscale materials. The regulation is expected to create reporting and recordkeeping requirements for both current and future manufacturers and processors of existing and new chemical substances produced at the nanoscale, says Lawrence Culleen of Arnold & Porter LLP.

  • Candid Advice From The Bench: Judges Are People Too

    Alison Wong

    While it’s true that judges are more capable than juries of rendering decisions based on a subtler understanding of the law, trial lawyers shouldn’t assume that judges are immune to the unfolding drama and underlying context of the case. In fact, the most important lesson we’ve learned from interviewing retired judges is that they process information the same way jurors do, says Alison Wong of Salmons Consulting.

  • Climate Change Litigants Get Creative

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    Citizens, states and the federal government are finding increasingly creative angles to tackle climate change. Claimants are using a broad range of laws to pursue claims. Companies must be cognizant of the increasingly wide array of risks arising from climate change and should be adopting strategies to manage such risks, say Miranda Yost and Andy Flavin of Troutman Sanders LLP.

  • How New EPA Hazardous Waste Rule Impacts Retail Pharmacies

    Gregory W. Blount

    Given that the EPA's final Hazardous Waste Generator Improvements rule was recently published without finalization of its proposed pharmaceuticals rule, retail pharmacies are now faced with complying with the new final rule as large quantity generators. Gregory Blount and Karlie Clemons Webb of Troutman Sanders LLP highlight components that will affect retail pharmacies’ hazardous waste programs.

  • 7 Steps For Managing An Associate Who May Be Impaired

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    According to a recent study on the prevalence of attorney addiction and mental health concerns, more than one-third of practicing attorneys in the U.S. qualify as problem drinkers and 28 percent struggle with depression. While change in large law firms can be slow, there is a lot firms can do to navigate situations where an associate’s performance may be impaired, says Stacey Saada Schwartz, a former litigator and Los Angeles-based... (continued)

  • Capital Efficiency Driving Oil And Gas Industry Changes

    Bernard Given

    Historically low prices are forcing oil and gas companies to tighten their belts on capital expenditures. Vendors are finding they must renegotiate drilling contracts, firms are less willing to explore in undeveloped or unproven fields, joint ventures are being formed to spread risk, and technological advances that increase returns are prioritized, says Bernard Given of Loeb & Loeb LLP.

  • Task Force Report Sees Changes For Natural Gas Storage

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    The Interagency Task Force on Natural Gas Storage Safety — formed in response to the leak at California’s Aliso Canyon natural gas storage facility — recently issued its final report. Prudent operators should heed the report's call for rigorous evaluations of existing facilities and improved planning for leaks and service disruptions, say Cynthia Stroman, James Bowe, Jr., and William Rice of King & Spalding LLP.

  • The Role Of Litigation Analytics In Your Case

    Thomas C. Gricks III

    Lawyers often use analytics in the course of an e-discovery review for production, where these tools help them assign documents into buckets such as “relevant” or “privileged.” Increasingly, lawyers are using analytics to see if there is anything unusual within the collection and if there are stories the documents can tell, say Thomas Gricks, Bayu Hardi and Mark Noel of Catalyst Repository Systems.

  • Questioning Permit-Holder CWA Protections At The 4th Circ.

    Karen C. Bennett

    During oral arguments in Ohio Valley Environmental Coalition v. Fola Coal, the Fourth Circuit was asked to decide if a permittee can be held liable under the Clean Water Act for violations based on a limit it had no prior notice or reason to believe the permit would impose. However, Congress intended that a permittee is compliant with the CWA even if it discharges pollutants not included in its permit, says Karen Bennett of Clark Hill PLC.

  • Adapt Or Die: Law Firms In Tomorrow's Economy — Part 5

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    The clarion call from the top of Corporate America over the past several years to its workers to do more with less, eliminate redundancy, and work cooperatively across disciplines toward the goal of corporate profitability is reaching BigLaw, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.