EnvironmentalRSS

Expert Analysis

  • An Opportunity To Limit Prop 65 Abuse

    Mark Johnson

    The long-awaited proposed reforms to California's Proposition 65 are welcome and needed as they would greatly reduce the number of frivolous Prop. 65 lawsuits and alleviate the defense costs for manufacturers, says Mark Johnson of Alston & Bird LLP.

  • Rise Of The Machines — Predictive Coding Goes Mainstream

    Michael Moscato

    The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.

  • The Oil And Gas Operator's Texas Advantage

    Michael Bolton

    The interpretation by the Supreme Court of Texas in Reeder v. Wood County Energy LLC grants vast protection to oil and gas operators, but by doing so, it is perceived by some as muddling the differences between tort and contract law, says Michael Bolton and Kate Kalanick of Faegre Baker Daniels LLP.

  • Know Your Risks Before Going Green In Construction

    Aaron Mandel

    Although there are benefits to “going green” in the construction, development and operation of buildings, there are also risks unique to green building that will test the boundaries of coverage under typical liability insurance policies, say attorneys with Sedgwick LLP.

  • 4th Circ. Weighs In On Bona Fide Purchaser Defense

    William Cleveland

    The Fourth Circuit recently issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that may limit the availability of the bona fide prospective purchaser defense. By narrowly construing one of the elements of the BFPP defense, the court has underscored the importance of strict compliance with all requirements of the defense, say attorneys with K&L Gates LLP.

  • Get Ready For Stricter RMP Enforcement

    Ben Snowden

    The recent $4 million settlement by Tyson Foods Inc. represents one of the largest penalties for a stand-alone risk management program enforcement case since the provision was added to the Clean Air Act in 1990. This case also exemplifies the U.S. Environmental Protection Agency’s increasing focus on RMP compliance and its intention to seek ever-larger penalties for RMP violations, say attorneys with Kilpatrick Townsend Stockton LLP.

  • Another Challenge To Calif. Cap-And-Trade Law

    Erika Anderson

    The California Air Resources Board has again been sued over its implementation of the Global Warming Solutions Act in Morning Star Packing Co., et al. v. CARB, which resembles an earlier action brought by the California Chamber of Commerce. Petitioners of both cases face the difficult challenge of convincing the court to derail a massive regulatory scheme that is now well underway, say attorneys with Marten Law PLLC.

  • The Who, What And Why Of Public-Private Partnerships

    Maryam Khosharay

    Public-private partnerships have been used in a wide range of sectors to provide public services, from power plants and railroads to hospitals and sanitation plants. Yet there are a variety of potential contractual arrangements and the financing of a PPP can be complex, say Maryam Khosharay and Herbert Glaser of Haynes and Boone LLP.

  • Calif. Chemical Safety Rules Push Constitutional Envelope

    Ward Benshoof

    Impatience with the pace of Toxic Substances Control Act reform at the federal level is understandable, but substituting individual state action for a perceived lack of federal action may be the classic example of a cure which is worse than the disease. Many think California’s Safer Consumer Product Regulations now prove that, says Ward Benshoof of Alston & Bird LLP.

  • Latest In EPA's Series Of Aggressive Coal Plant Rules

    Karl Karg

    Recently, the U.S. Environmental Protection Agency announced proposed technology-based effluent limitation guidelines and standards for steam electric power-generating units. These guidelines will certainly impose significant costs, and when coupled with the cost of the EPA’s rules under the Clean Air Act, there can be little question that some coal-fired facilities will close as a result, say attorneys with Latham & Watkins LLP.