Robert Bosch GmbH Inc. asked a California federal judge Tuesday to end a putative racketeering class action brought by dealerships alleging the auto parts maker helped Volkswagen AG skirt emissions regulations, saying there’s no evidence Bosch knew what its parts were used for or that dealerships were injured by the scheme.
A Michigan federal judge on Tuesday told the city of Flint, Michigan, it must soon pick a long-term drinking water source that satisfies the U.S. Environmental Protection Agency’s 2016 order directing the city and state to take measures to begin addressing the city’s water crisis.
The Massachusetts city of New Bedford told a federal court Monday that a nonprofit group lacks proper legal representation to bring a lawsuit claiming that the city’s poor treatment of two Asian elephants at a zoo it owns flouts the Endangered Species Act.
Activist groups, along with several state and local governments, asked the D.C. Circuit on Tuesday to rule on the merits of the Clean Power Plan, saying the U.S. Environmental Protection Agency’s proposal to repeal the plan without drafting a replacement was an attempt to undermine its obligations.
Energy Secretary Rick Perry’s controversial proposal to pay coal-fired and nuclear plants for providing base load power and grid reliability services should have a seat at the table, as regulators mull ways to ensure a stable grid, Federal Energy Regulatory Commission Chairman Neil Chatterjee said Tuesday.
The U.S. Department of the Interior on Monday moved for a quick win in a suit accusing it of arbitrarily canceling a mineral lease in northwestern Montana, telling a D.C. federal judge that it had actually given ample notice before terminating the lease.
The Sierra Club on Monday notified the Ohio Supreme Court that it would appeal the Public Commission of Ohio’s decision to affirm FirstEnergy’s ability to collect a $204 million annual subsidy over at least the next three years, arguing that the money is an “unreasonable” handout.
The federal government and the Agua Caliente Band of Cahuilla Indians on Friday urged the U.S. Supreme Court to reject a petition by two California water agencies seeking to overturn a Ninth Circuit ruling extending the tribe’s water rights to groundwater in the Coachella Valley.
Orange County has to revise its environmental impact report on a proposed 340-home residential project next to a state park, a California appeals court said in an opinion filed Friday, granting an environmental group’s bid to halt the project after finding the report failed to adequately identify the development’s potential impacts on the surrounding area.
A divided, three-member Federal Energy Regulatory Commission on Friday approved the construction of the $5 billion Atlantic Coast pipeline and the $3.5 billion Mountain Valley pipeline.
Invenergy LLC has queued up an approximately $700 million investment treaty claim against Poland after the country allegedly orchestrated the unlawful termination of long-term wind farm contracts between the American energy company and several state-owned utilities, according to a Monday notice.
A California federal judge Monday threw out all of Resolute Forest Products’ defamation and racketeering claims against Greenpeace International and its anti-logging campaign, saying that the company fell far short of showing the group purposely made false statements that went beyond the protection of the First Amendment.
A California federal judge has agreed to toss a lawsuit from two ex-California wastewater treatment facility executives against Ventura County over allegedly illegal strip searches and retaliatory raids relating to a 2014 explosion.
A defunct Newark water agency seeking email correspondence by its former counsel blasted what it called the firm’s attempt to shield the files, telling a New Jersey bankruptcy judge Friday that it doesn’t buy Trenk DiPasquale Della Fera & Sodono PC’s explanation that employees’ digital communications are deleted within a month of their termination.
The U.S. Environmental Protection Agency on Monday announced new measures intended to prevent lawsuit settlements that Administrator Scott Pruitt said often circumvent transparency standards.
A federal judge on Friday tossed the rest of a group of northern New Mexico ranchers' suit against the federal government over grazing permit reductions, saying the government didn’t violate the National Environmental Policy Act when it didn’t properly analyze the “social, economic and environmental” impacts of the decision.
The New York Department of Environmental Conservation on Friday told the Federal Energy Regulatory Commission that it should revisit its decision that quashed the state’s denial of a Clean Water Act permit for a Millennium Pipeline Co. LLC natural gas pipeline, arguing that the federal agency misinterpreted the department’s deadline.
A Delaware bankruptcy judge on Friday allowed solar panel maker Suniva Inc. to take on roughly $3 million in additional post-petition financing the debtor said was needed to keep up its unusual restructuring efforts that hinge on prosecuting an import relief case before the U.S. International Trade Commission.
Seven states and several other groups on Thursday urged the D.C. Circuit to reject a truck trailer manufacturers’ association's bid to delay implementation of a federal rule aimed at reducing greenhouse gas emissions from heavy-duty truck trailers, saying that the trailer makers won’t suffer irreparable harm.
The U.S. Environmental Protection Agency reached an agreement on Friday with major agricultural and chemical manufacturers, including Monsanto and DuPont, to reduce damage caused by a weed killer that can drift and hurt nearby crops, deciding that new requirements were appropriate.
The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.
News media reports about the U.S. Environmental Protection Agency's move to repeal the Obama-era Clean Power Plan have focused on President Donald Trump’s attacks on his predecessor's environmental legacy. However, repeal proponents can make a strong argument that the CPP was always on shaky legal ground, say Jane Montgomery and Amy Antoniolli of Schiff Hardin LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.