• June 21, 2017

    EPA Hasn’t Rid State Permit Boards Of Conflicts, Enviros Say

    The Center for Biological Diversity and others said Wednesday the U.S. Environmental Protection Agency isn't guarding against conflicts of interests on Alabama and Mississippi state boards that approve and enforce air pollution permits, as required under the Clean Air Act, telling the agency they intend to sue if it doesn't take action.

  • June 21, 2017

    Enviro Group Suit Calls Duke Energy Coal Ash Plan Improper

    An environmental group on Tuesday filed suit in North Carolina federal court against Duke Energy Progress LLC, alleging that the company released a plan that calls for improperly keeping coal ash in an unlined area at the Mayo Steam Electric coal-fired plant, arguing that the move could harm the region’s waters.

  • June 21, 2017

    NextEra Gets ESA Suit Over Bird-Killing Turbines Tossed

    A Kansas federal judge on Wednesday dismissed a citizen suit alleging that NextEra Energy Resources LLC and its subsidiaries own and operate wind farms that threaten the whooping crane in violation of the Endangered Species Act, deciding that the plaintiff did not provide proper notice prior to suing.

  • June 21, 2017

    Feds Seek To Oust Texas Politico's Atty Over Client Conflict

    Federal prosecutors said in a motion unsealed Tuesday that the lawyer defending Texas state Sen. Carlos Uresti in a securities fraud case tied to a fracking sand company should be disqualified because he previously represented a client whom Uresti, also an attorney, allegedly defrauded.

  • June 21, 2017

    Aquion Asset Sale Price Balloons After Ch. 11 Auction

    A Chapter 11 auction of the assets of bankrupt saltwater battery maker Aquion Energy Inc. resulted in a sale price more than three times greater than the initial stalking horse bid for the company in a deal approved by the court Wednesday in Delaware.

  • June 21, 2017

    Girardi Keese Sued For Accounting Of $120M In Settlements

    Thomas Girardi and his firm, Girardi Keese, are facing a California lawsuit asking for an accounting of what was done with about $120 million in settlement funds from a pair of deals in an oil contamination case against Shell Oil and a Dole Food unit. 

  • June 21, 2017

    House OKs Faster Energy Co. Tree Clearing On Federal Land

    The U.S. House of Representatives passed a bill to expedite tree and brush clearing around power lines on federal land Wednesday, despite concerns that provisions aimed at preventing wildfires would exempt power companies from liability for damages.

  • June 21, 2017

    2nd Circ. Says 1st Circ.'s Materiality Test Is Unsound

    The Second Circuit on Wednesday declined to adopt the First Circuit’s standard for assessing the materiality of companies’ alleged omissions in their interim financial information, saying its sister court’s test can be “analytically counterproductive” and unsound.

  • June 21, 2017

    6th Circ. Says Utilities Can Skip Regional Project Costs

    The Sixth Circuit on Wednesday said units of Duke Energy Corp. and FirstEnergy Corp. could avoid paying for transmission projects approved by Midcontinent Independent System Operator Inc. after the utilities announced they were leaving the regional transmission organization, backing the Federal Energy Regulatory Commission's interpretation of MISO's tariff.

  • June 21, 2017

    Utility Plots High Court Appeal In SolarCity Monopoly Suit

    Salt River Project Agricultural Improvement on Tuesday urged the Ninth Circuit to delay issuing its mandate that a lower court's determination that the Arizona utility wasn't immune from an antitrust suit by SolarCity Corp. so Salt River can appeal the ruling to the U.S. Supreme Court.

  • June 21, 2017

    Pa. Justices Won't Revive Drilling Rule Challenge

    The Pennsylvania Supreme Court on Tuesday affirmed the authority of state environmental regulators to demand that drillers outline potential environmental impacts of proposed oil and gas wells, finding the requirement was not void even though it was part of a controversial law deemed unconstitutional three years ago in a landmark ruling.

  • June 21, 2017

    EPA Appeals Board Rejects Power Plant Permit Challenge

    The U.S. Environmental Protection Agency's appeals board cited a lack of jurisdiction Tuesday when it denied an administrative challenge to an amendment of a license that a California nonprofit said modified a permit issued under the Clean Air Act to the operator of a power plant.

  • June 21, 2017

    Enviros, Tribe Challenge Permit For Wis. Frack Sand Project

    An environmental group and a tribe each mounted challenges Monday to the Wisconsin Department of Natural Resources’ permit allowing Meteor Timber LLC to fill in wetlands so it can build a facility to process sand used for hydraulic fracturing and an associated rail corridor.

  • June 21, 2017

    Sage Grouse Plan Review Threatens Delicate Compromise

    The U.S. Department of the Interior’s recent decision to revisit a sprawling sage grouse preservation plan could be the first step toward altering or even dismantling that framework, but attorneys say changes could spark an explosion of litigation and bolster efforts to give the bird Endangered Species Act protection — the very thing the plan was designed to avoid.

  • June 21, 2017

    DOJ Wins Bid To Block $367M Radioactive Waste Cos.' Merger

    A Delaware federal judge on Wednesday blocked the $367 million merger of EnergySolutions Inc. and Waste Control Specialists LLC, siding with the U.S. Department of Justice in the government's bid to enjoin the deal between rival nuclear waste processors on antitrust grounds.

  • June 21, 2017

    WTO Members Angling To Relaunch Green Goods Talks

    A collection of influential World Trade Organization members on Tuesday began pushing to rescue the beleaguered negotiations for an agreement to slash tariffs on environmental goods used in clean energy, wastewater treatment and air pollution control.

  • June 20, 2017

    Burns & Levinson Boosts IP Bench With Technology Expert

    A former Adler Pollock & Sheehan PC attorney whose experience in patent technology is concentrated in the automotive, green and life sciences industries has joined Burns & Levinson LLP as a partner in its intellectual property group.

  • June 20, 2017

    Yukos Investors Want To Subpoena Attys In $50B Awards Row

    Former Yukos Oil Co. shareholders looking to revive $50 billion in arbitral awards against Russia on Monday asked courts in Washington, D.C., and California to help them obtain evidence from two lawyers — including a Baker Botts partner — who they say helped Russia manipulate Armenian courts into issuing favorable judgments that influenced related Dutch proceedings.

  • June 20, 2017

    AGs Want In On Challenge To EPA Methane Rule Change

    A group of states and the city of Chicago on Tuesday asked to intervene in a D.C. Circuit challenge to the U.S. Environmental Protection Agency’s decision to put on hold and revise parts of a rule aimed at curbing methane emissions, saying the move tears down much-needed protections.

  • June 20, 2017

    Aussie Oil Co. Takes Row Over Senegal Offshore Fields To ICC

    FAR Ltd. said Tuesday it's seeking arbitration before the International Chamber of Commerce to resolve a dispute over ConocoPhillips' $440 million sale of its interest in three significant exploration blocks located off the coast of Senegal, a sale on which FAR claims it had preemptive rights.

Expert Analysis

  • Debating The Value Of Distributed Rooftop Solar

    Brad Thompson

    How much is solar power really worth? Although a seemingly simple question, it has a myriad of complex and sometimes conflicting responses that many regulators across the U.S. are trying to resolve, say Brad Thompson and Jessica Sabbath of King & Spalding LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Trump's Monuments Order Won't Benefit Tribal Economies

    Hillary Hoffmann

    President Donald Trump's executive order mandating the review of national monuments with the goal of opening public lands to mineral development could provide some economic benefits, but history has shown that most mineral development booms are followed by inevitable busts, says professor Hillary Hoffmann of Vermont Law School.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Energy Efficiency Resources Must Stay In The Mix

    Richard Drom

    A proposal by PJM Interconnection threatens to exclude energy efficiency resources — the electricity savings achieved through the use of more energy-efficient products — from competing in its capacity market. This precedent could lead to additional barriers for other advanced energy technologies in wholesale electricity markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Determining OCS Jurisdiction For Lessees And Operators

    Grady Hurley

    Pending an appellate resolution of Island Operating v. Jewell, and due to the complicated nature of jurisdiction and regulation of the Outer Continental Shelf, all contractors should preserve their rights by appealing any incident of noncompliance issues within the delays mandated and seeking to stay the enforcement of pending appeals, says Grady Hurley of Jones Walker LLP.

  • The Regulatory Reforms Manufacturers Want Most: Part 2

    Charles Merrill

    At the direction of the White House, the U.S. Department of Commerce recently sought comments on the impact of federal regulations on domestic manufacturing. Companies and trade associations responded with many suggestions. But the president's proposed dramatic reduction in funding for the U.S. Environmental Protection Agency may make changing environmental regulations a slow process, says Charles Merrill of Husch Blackwell LLP.

  • What To Expect From CAA Risk Management Program Delay

    Peter Modlin

    In light of the current administration’s stated priorities, it seems likely that the U.S. Environmental Protection Agency will finalize its recently proposed delay of the Clean Air Act’s risk management program, and may seriously entertain revisions to the substance of the amendments, say Peter Modlin and Courtney Chin of Gibson Dunn & Crutcher LLP.

  • 9 Things To Know About Trump's Paris Agreement Decision

    Ethan Shenkman

    After declining to recommit to the Paris climate change agreement at the recent G-7 summit, it came as little surprise that President Donald Trump announced the U.S. will withdraw from the Paris climate accord. Attorneys with Arnold & Porter Kaye Scholer LLP discuss some of the most important aspects of this development.

  • The Regulatory Reforms Manufacturers Want Most: Part 1

    Charles Merrill

    Four days after taking office, President Donald Trump directed the U.S. Department of Commerce to seek comments on the impact of federal regulations on domestic manufacturing. Many businesses and trade associations have since responded. A review of comments submitted to the DOC offers insights into which environmental regulations companies find most problematic, says Charles Merrill of Husch Blackwell LLP.