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Environmental

  • January 16, 2019

    Enviros Lose Fight Over BLM's Nevada Oil & Gas Lease Sale

    A Nevada federal judge rejected claims brought by the Center for Biological Diversity and Sierra Club that the U.S. Bureau of Land Management did not conduct a thorough environmental review before offering oil and gas leases on nearly 200,000 acres of land.

  • January 16, 2019

    Spinoff Liable For $1.6M Tab, Enviro Firm Tells Del. Justices

    Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.

  • January 16, 2019

    $367M Superfund Coverage Row Can't Be Arbitrated, Co. Says

    Cornell-Dubilier Electronics Inc. has urged a New Jersey federal court not to send to arbitration its coverage dispute with a group of insurers over $367 million in liability incurred under a Superfund site cleanup consent decree, arguing that the dispute is outside the underlying arbitration agreement's scope.

  • January 16, 2019

    Vistra Coal Plant Can't Dodge Enviros' Emissions Claims

    An Illinois federal judge told a Vistra Energy Corp.-owned coal-fired power plant it should avoid “arguing around the edges” of his earlier finding that its emissions violated the Clean Air Act, but declined to immediately rule in favor of environmental groups looking to hold it accountable for recent violations.

  • January 16, 2019

    PG&E's Ch. 11 Is Climate Change Wake-Up Call For Utilities

    Pacific Gas & Electric Co.'s plan to seek bankruptcy protection to address crippling liabilities for California wildfires should ring alarm bells for utilities, regulators and lawmakers in other states and force them to examine whether the current utility business model can accommodate climate change-related risks to energy infrastructure, policy experts say.

  • January 16, 2019

    VW Says Pre-Scandal Car Sellers Have Yet To Show Injury

    Volkswagen AG told a California federal judge that drivers who sold their diesel vehicles before news of the automaker’s massive emissions-cheating scandal broke did not suffer any financial loss and still have not put forth a viable claim for damages linked to the scandal.

  • January 16, 2019

    Senate Dem Decries Shutdown Of Chemical Accident Probes

    A tiny federal agency that investigates chemical spills and related incidents in the energy sector can't do its job during the government shutdown, putting crucial probes into the causes of industrial accidents at risk, Democratic Sen. Tim Kaine of Virginia said Wednesday.

  • January 16, 2019

    Wheeler 'Almost As Extreme' As Former EPA Head, Dem Says

    Senate Democrats harshly criticized acting U.S. Environmental Protection Agency chief Andrew Wheeler for his stances on climate change, auto emissions, mercury pollution standards and other issues at his confirmation hearing Wednesday, with one senator saying the positions "appear to be almost as extreme as his predecessor's."

  • January 16, 2019

    Calif. County Sues PG&E Over Deadly Nov. Wildfire

    Butte County in Northern California has sued Pacific Gas & Electric Co. in state court over the deadly wildfire that ravaged the county and killed 86 people last year, alleging the utility disregarded safety to increase its own profits.

  • January 15, 2019

    Shutdown Draining Tribes, National Parks, Dem Panel Told

    A Democratic committee heard testimony Tuesday about the ongoing federal shutdown, with House Democrats blaming President Donald Trump for the shutdown and hearing testimony detailing the shutdown's worsening impact on Native Americans and public lands.

  • January 15, 2019

    €128M Award Against Spain Can Be Enforced, Court Hears

    London-based asset manager Eiser Infrastructure Ltd. argued Monday that a D.C. federal court has no authority to independently determine whether Spain consented to arbitrate a dispute over renewable energy subsidies, and, as such, can enforce a €128 million ($146 million) arbitral award against the country.

  • January 15, 2019

    Kasowitz Tells DC Circ. That Chem Cos. Hid Dangers

    Kasowitz Benson Torres LLP told the D.C. Circuit on Monday that a lower court got it wrong when it tossed the firm's suit accusing four chemical companies of violating the Toxic Substances Control Act by failing to tell the U.S. Environmental Protection Agency about a chemical's alleged danger.

  • January 15, 2019

    Gov't Hits Tetra Tech With FCA Suit Over Navy Cleanup Work

    The federal government has accused a Tetra Tech unit of billing the U.S. Navy for radiation remediation services at a former Navy shipyard in San Francisco that it did not actually perform, in violation of the False Claims Act.

  • January 15, 2019

    4th Circ. Backs Va. Water Permit For $5B Pipeline

    A Fourth Circuit panel has rejected a petition by a coalition of environmental groups that challenged Virginia’s decision to issue a Clean Water Act certification for the $5 billion Atlantic Coast gas pipeline, saying the state did not act arbitrarily and ignore the project’s risks.

  • January 15, 2019

    Senate Tax Panel Head Open To Renewing Credits For 1 Year

    The chairman of the U.S. Senate Finance Committee told reporters Tuesday that he would be open to retroactively renewing expired tax credits that were included in legislation passed by the U.S. House of Representatives for a one-year period.

  • January 15, 2019

    CWA Shift Pushes Calif., States Toward Stricter Water Regs

    California is close to finalizing new protections for its wetlands in response to the Trump administration's proposal to redefine which waters are subject to federal Clean Water Act jurisdiction, leading the way for like-minded states that could use their considerable authority to counteract a new definition they see as inadequate.

  • January 15, 2019

    Boston Harbor Blasting Project Stalled After Eversource Balks

    A planned blasting project by the U.S. Army Corps of Engineers in Boston Harbor was stalled Tuesday just a day before it was set to begin after Eversource Energy made a pitch to a federal judge that the blasting could impact a power cable it has to install on a court-ordered timeline.

  • January 15, 2019

    Golf Course Urges 7th Circ. To Make GE Clean Up Water

    An Illinois federal judge who found that General Electric Co. created imminent and substantial endangerment by contaminating 500 million gallons of drinking water was wrong not to also order the company to clean up its mess, a golf course told the Seventh Circuit on Tuesday.

  • January 14, 2019

    Tribes, Enviros Ask DC Circ. To Can FCC Small-Cell Order

    Tribal and environmental groups are urging the D.C. Circuit to vacate a Federal Communication Commission order designed to speed up 5G infrastructure rollout by exempting small cell fixtures from certain historical and environmental regulatory reviews.

  • January 14, 2019

    EPA Right To Nix Houston, Dallas Air Controls, Texas Says

    Green groups are too late to challenge the U.S. Environmental Protection Agency’s revocation of certain ozone limits and pollution control requirements for the Houston and Dallas metropolitan areas, the Texas attorney general and industry groups have told the Fifth Circuit.

Expert Analysis

  • 2019 Annual Meeting And Reporting Considerations: Part 3

    Caroline Kim

    In the third installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP consider corporate governance best practices including environmental, social and governance reporting, updates to director and officer questionnaires, board diversity and related disclosures, and shareholder proposals.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Joseph Yaffe

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Constitutional Challenges To Pipeline Takings Face Obstacles

    Clay Massey

    In a petition to the U.S. Supreme Court, the plaintiffs in Berkley v. Mountain Valley Pipeline claim the Natural Gas Act does not preclude district court review of constitutional objections to the law. However, their arguments are at odds with Supreme Court precedent, says Clay Massey of Alston & Bird LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.