Environmental

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is now winning over converts — and pressing their rivals to join the bandwagon.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    VW Says Owners Who Sold Cars Pre-Scandal Have No Claim

    Volkswagen AG and Bosch on Friday asked a California federal court to ax claims by a proposed class of drivers who offloaded their diesel cars before the diesel emissions scandal broke in September 2015, saying they didn’t suffer a loss in retail value for their vehicles.

  • December 11, 2017

    Enviros Sue Chem Safety Board Over Accident Report Rules

    Environmentalists have sued the U.S. Chemical Safety and Hazard Investigation Board, alleging the agency has failed to publish regulations for accidental chemical-release reporting as required by the Clean Air Act.

  • December 11, 2017

    High Court Won’t Hear DTE Energy Emissions Case Appeal

    The Supreme Court on Monday declined to take DTE Energy Co.’s appeal of a Sixth Circuit decision that allowed suits brought by the government and an environmental group accusing the company of improperly modifying a major coal-fired power plant to proceed.

  • December 11, 2017

    EPA Says It Won’t Change Challenged Tribal Water Rules

    The U.S. Environmental Protection Agency said on Friday that it wouldn’t change course on any decisions challenged in a suit from the state of Maine over the agency’s tightening of water quality standards for tribal waters.

  • December 11, 2017

    1st Circ. Won't Revive $28M Monsanto PCB Liability Suit

    Monsanto Co. and its Pfizer Inc.-owned successor couldn’t have known polychlorinated biphenyls cause cancer in 1969, so they don’t have to face a $28 million lawsuit from a Massachusetts town over PCB contamination, the First Circuit said Friday.

  • December 11, 2017

    Environmental Co. Prez Charged With Illegal Waste Disposal

    Pennsylvania’s attorney general on Monday announced felony charges against the president of a Chester County environmental testing company for illegally storing and disposing of hazardous waste.

  • December 11, 2017

    9th Circ. Tosses Challenges To Ariz. Highway Project

    The Ninth Circuit concluded Friday that the Federal Highway Administration and the Arizona Department of Transportation conducted proper environmental reviews before greenlighting a Phoenix-area road project, rejecting challenges raised by environmentalists and a tribe.

  • December 11, 2017

    High Court Won't Hear $10M Takings Fight With Fla. Agency

    The U.S. Supreme Court declined Monday to take up a developer's $10 million takings case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel.

  • December 11, 2017

    DC Circ. Urged To Affirm FERC Has No Pro-Pipeline Bias

    The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.

  • December 11, 2017

    EPA Blasts Challenge To Chemical Rule Delay At DC Circ.

    The U.S. Environmental Protection Agency shot back Friday at challenges to its delay of an Obama-era chemical risk management rule, telling the D.C. Circuit the challengers didn't have standing as they couldn't establish there would be an "impending injury."

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Travelers Can't Ditch Defense Coverage Suit Over PCB Claims

    Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.

  • December 8, 2017

    Fla. Judge Stops FWS Permit To Raze Miami Forest

    A Florida federal judge issued a temporary restraining order Friday on a permit the U.S. Fish and Wildlife Service issued to a residential and commercial project outside Miami, halting bulldozers that had begun to cut down more than 80 acres of wildlife habitat.

  • December 8, 2017

    FERC Member's Online Comments Unethical, Landowner Says

    A landowner affected by the proposed PennEast Pipeline Project said Thursday that a Federal Energy Regulatory Commission member and former chairman has been violating ethics rules by posting biased comments on Facebook and should be removed from his position.

  • December 8, 2017

    EPA Awards $1.3M In Wetlands Preservation Grants

    The U.S. Environmental Protection Agency’s New England arm on Wednesday said it’s awarded $1.345 million in grants to 10 projects that focus on restoring and preserving wetlands, spreading the wealth across state agencies and researchers.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • A Look Back At 2017's Enviro And Energy Law Developments

    Stacey Mitchell

    2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.

  • EPA Maintains Renewable Fuel Standard Status Quo, For Now

    Joel Beauvais

    The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.

  • How DOE's 'Grid Resiliency' Policy May Impact Gas Markets

    Chip Moldenhauer

    At the behest of the U.S. Department of Energy, the Federal Energy Regulatory Commission is soon expected to release an interim rule that subsidizes power plants that hold 90 days of fuel supply on site — i.e., coal-fired and nuclear plants — and effectively penalizes gas-fired plants. But FERC has an opportunity to mitigate the threat to gas-fired generators, says Chip Moldenhaeur of LawIQ.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Clarifying CERCLA Allocation For Gov't Contractors

    Thomas Dimond

    Following the Ninth Circuit's recent decision in TDY Holdings v. U.S., government contractors and others whose property and equipment was used to support wartime production should be aware of several factors that could determine whether you obtain significant Comprehensive Environmental Response, Compensation and Liability Act contribution from the federal government, say Thomas Dimond and Kelsey Weyhing of Ice Miller LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.