Environmental

April 30, 2013
Fracking Not Behind Methane Contamination, Pa. DEP Says

After a 16-month investigation, the Pennsylvania Department of Environmental Protection announced Monday that hydraulic fracturing for natural gas by WPX Energy Inc. in the northeast corner of the state was not responsible for methane contamination in three private water wells in the area.
April 24, 2013
Texas Plant Blast Likely Caused $100M In Insured Losses

A massive explosion at a Texas fertilizer plant that killed up to 15 and wreaked extensive property damage last week is expected to cause $100 million in insured losses, an insurance industry group said Wednesday.
February 25, 2013
Shine Might Be Off Alt Fee Arrangements, GC Survey Shows

A significantly smaller percentage of in-house counsel used some form of alternative legal fee structures last year, according to a new legal survey from Fulbright & Jaworski LLP that defied previous years' upward trends and more vocal criticism in recent years of the billable hour.
February 25, 2013
GCs Brace For More Whistleblower Suits

The percentage of in-house counsel expecting an increase in whistleblower suits hit a three-year high in 2012, as companies braced for more tipsters to come forward under a potent new Dodd-Frank Act program, according to a survey released Tuesday by Fulbright & Jaworski LLP.
February 25, 2013
In-House Teams Expand To Keep Pace With More Suits, Probes

Corporations beefed up their legal departments in 2012 and expect to do the same this year, according to a new report, with mounting regulatory challenges and abundant litigation combining to boost the need for in-house expertise.
February 25, 2013
GCs Rate Fixed Fees Best Bang For Their Buck

In-house corporate lawyers last year rated fixed-fee legal pricing the most effective alternative fee model to the straight billable hour, according to an annual Fulbright & Jaworski LLP survey released Tuesday.
February 15, 2013
GCs Name Cream Of The Crop Litigators

Corporate counsel singled out nearly 100 litigators as the most client service-driven in their field thanks to their innate ability to deliver solid outcomes, effectively communicate litigation strategy and prioritize their clients' business interests.
February 6, 2013
Oil, Gas Systems Rank 2nd In GHGs From Facilities, EPA Says

Oil and natural gas systems are the second-biggest source of U.S. greenhouse gas emissions from large facilities, trailing only power plants, according to data published by the U.S. Environmental Protection Agency on Tuesday.
February 4, 2013
Fracking A Slice Of Pa. Industrial Air Pollution, DEP Says

The Pennsylvania Department of Environmental Protection on Friday pegged the state's natural gas operations at 4 percent of its 2011 industrial air pollution, a sliver of the 72 percent created by power plants, according to its first natural gas emissions review.
January 18, 2013
CEQA Suits May Be Minimal, But Delays Remain A Concern

A recent analysis by the Natural Resources Defense Council shows that almost all project reviews under the California Environmental Quality Act aren’t challenged in court, but experts said Thursday that the law requiring public agencies to examine projects’ environmental impacts is still in need of improvement to cut delays and boost transparency in litigation.
August 31, 2012
4 Firms Feared Most By In-House Counsel

When dealing with high-stakes litigation, there are four top-notch firms that in-house counsel dread seeing on the other side of the courtroom, according to a new survey of corporate counsel.
August 30, 2012
Probe Finds No Improprieties In DOE Law Firm Hires

The U.S. Department of Energy's internal watchdog didn't discover anything inappropriate in the way the agency hired law firms to help with loan guarantee applications, but recommended greater transparency throughout the process, a report released Thursday said.
August 7, 2012
Study Links Texas Earthquakes To Fracking Disposal Wells

A University of Texas study released Monday suggests earthquakes caused by oil and gas development in Texas are more common than previously recognized, fueling the national debate about how to regulate possible environmental, health and safety risks posed by drilling activities.
July 20, 2012
Brazilian Regulator Slams Chevron For 2011 Spill

Brazilian regulators on Friday said an oil leak at Chevron Corp.'s offshore well in 2011 was 45,000 gallons larger than previously estimated, criticizing the oil giant for procedural lapses that could land it up to $25 million in fines on top of the two $11 billion lawsuits it is facing over the spill.
June 29, 2012
Law360's Global 20 Firms Open Up New Frontiers

For the second year in a row, Law360 has selected and ranked the 20 law firms with the greatest global reach and expertise.
June 22, 2012
GCs Name Rolls Royce Of Law Firms

A new report based on interviews with corporate counsel has identified the eighteen law firms with the strongest brands in the legal market.
June 13, 2012
WHO Says Diesel Fumes Cause Lung Cancer

A World Health Organization cancer research group announced Tuesday that it would now classify diesel engine exhaust as carcinogenic to humans, based on evidence that exposure is associated with an increased risk for lung cancer and bladder cancer.
April 4, 2012
GAO Questions Pentagon's Clean-Energy Funding Strategy

The U.S. Department of Defense increasingly relies on alternative financing to fund its renewable energy priorities, and that strategy could push prices up unless the DOD can consolidate its policies and promote best practices for energy purchases, the Government Accountability Office said Wednesday.
April 3, 2012
Dems Ask EPA To Mull Fracking Findings For New Rules

A pair of ranking House Democrats on Tuesday urged the U.S. Environmental Protection Agency to consider a recent study, which revealed increased health risks posed by air emissions produced through hydraulic fracturing, when it finalizes new standards for natural gas operations.
March 29, 2012
GAO Says Highway Funding At Risk While DOT Faces Shortfall

The U.S. Government Accountability Office on Thursday released a report highlighting probable shortfalls to transportation funding over the next several years, cautioning against a reliance on general federal funds and suggesting increases in fuel taxes or new fees to fill in the gaps.

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Expert Analysis

How To Avoid The Dirty Side Of Clean Energy

Recent news reports on the RusHydro embezzlement, a U.S. Virgin Islands senator's arrest and the Italian mafia infiltration suggest that the not-so-clean side of the clean energy sector may come under greater scrutiny around the world. These reports should serve as a sobering reminder for companies of the risks and consequences of international corruption, say attorneys with Covington & Burling LLP.
The Starstruck Medical Causation Trend

In the technical sense, medical causation answers whether an accused substance brought about some alleged disease. But rarely are the central causal allegations in major toxic torts purely courtroom affairs — publicity and politics now drive the litigation, with plaintiff verdicts begetting more publicity, says James Sabovich of Gibson Dunn & Crutcher LLP.
An Opportunity To Limit Prop 65 Abuse

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

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

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

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

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

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

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

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.

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