Environmental

  • April 27, 2017

    Environmental Groups To Sue EPA Over NYC Water Standards

    The National Resources Defense Council, Riverkeeper and other environmental advocates are teaming up to file a citizen suit against the U.S. Environmental Protection Agency, saying it is allowing New York City’s rivers and bays to become contaminated with raw sewage by letting the state use outdated water quality criteria.

  • April 27, 2017

    Trump To Sign Order To Review Offshore Drilling Limits

    President Donald Trump will sign an executive order Friday directing the U.S. Department of the Interior to review his predecessor’s ban on offshore drilling in the Arctic and Atlantic oceans, the aim being to open up those protected waters to such activity.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    NJ Says PennEast Pipeline Permit Application 'Incomplete'

    The New Jersey Department of Environmental Protection has deemed an application for a permit for the $1 billion PennEast natural gas pipeline project, which would run from Pennsylvania to central New Jersey, "administratively incomplete," according to a letter the DEP sent to the pipeline company on Wednesday.

  • April 27, 2017

    Ky. Supreme Court Reinstates Power Plant Water Permit

    The Kentucky Supreme Court on Thursday reversed a lower court and ruled that a coal power plant’s wastewater permit should be reinstated, deciding that the federal guidelines the permit was issued under did not require the company to make additional assumptions about its responsibilities.

  • April 27, 2017

    Fla. Town Sues Neighbor Over Sand Traps, Beach Erosion

    The town of Hillsboro Beach, Florida, has filed a suit alleging its neighbor to the north, Deerfield Beach, is depriving Hillsboro of the natural flow of sand southward by placing barriers to trap its sand and costing Hillsboro millions for beach replenishment.

  • April 27, 2017

    FirstEnergy Settles BNSF, CSX Coal Delivery Row For $109M

    A FirstEnergy Corp. unit said on Thursday that it will pay $109 million to two railway companies to settle claims that it failed to fulfill the terms of a coal transportation contract, a situation that the company had tried to blame on a U.S. Environmental Protection Agency power plant emissions rule.

  • April 27, 2017

    Tribes Say Coast Guard Ship Routes Endanger Killer Whales

    The Tulalip Tribes and the Suquamish Tribe have hit the federal government with a lawsuit accusing the U.S. Coast Guard of imperiling endangered killer whales off the coast of Washington by adopting a traffic separation scheme for oil tankers without consulting the National Marine Fisheries Service.

  • April 27, 2017

    Pruitt To Skip GOP Fundraiser After Senator's Complaint

    U.S. Environmental Protection Agency chief Scott Pruitt reportedly will not headline an Oklahoma Republican Party fundraiser because invitations didn’t comply with federal ethics laws.

  • April 27, 2017

    9th Circ. Tosses Calif. Truck-Filter Rule Challenge

    The Ninth Circuit on Wednesday rejected a group of independent truckers’ lawsuit alleging the California Air Resources Board unconstitutionally requires all commercial trucks rolling through the Golden State to install engine particulate filters, saying the district court properly dismissed the suit for being filed in the wrong forum.

  • April 27, 2017

    Enviro Groups Sue Army Corps Over Water Plan For Fla., Ga.

    Three environmental groups filed suit Thursday in D.C. federal court challenging the environmental impact statements used to recently update the U.S. Army Corps of Engineers' plan to manage the Apalachicola-Chattahoochee-Flint River basin, which would cut water to Florida's already-parched and struggling Apalachicola Bay even further.

  • April 27, 2017

    Exxon Must Pay Nearly $20M For Texas Refinery Pollution

    A Texas federal judge ruled Wednesday that Exxon Mobil Corp. must pay nearly $20 million in civil penalties for millions of pounds of air pollution from a refining and chemical complex in a Houston suburb, a win for environmental groups that saw their suit revived by the Fifth Circuit last year.

  • April 27, 2017

    Trudeau Urged To Ban US Coal Shipping Over Lumber Tariff

    British Columbia Premier Christy Clark on Wednesday asked Canadian Prime Minister Justin Trudeau to ban shipments of U.S. thermal coal from entering ports in her province in response to a tariff placed on softwood lumber by President Donald Trump earlier this week.

  • April 27, 2017

    New Mexico And Calif. Sue DOI Over Oil And Gas Royalties

    The states of New Mexico and California on Wednesday sued the federal government for alleged unpaid royalties that should have been paid to the states for producing oil, gas and coal, saying the U.S. Department of Interior has blocked millions of owed royalties.

  • April 27, 2017

    Quorumless FERC Sits Out Ill. Nuke Plant Subsidy Fight

    The Federal Energy Regulatory Commission told an Illinois federal judge Wednesday it would not weigh in on whether the state's plan to subsidize struggling nuclear power plants intrudes on the agency's authority to oversee wholesale electricity rates, as a coalition of power producers claims.

  • April 27, 2017

    DC Circ. Suspends Litigation Over EPA Mercury Rule

    The D.C. Circuit on Thursday granted the U.S. Environmental Protection Agency’s request to delay a legal battle over the costs of the agency's rule limiting mercury and other toxic emissions from coal-fired power plants, canceling oral arguments that had been slated for May.

  • April 27, 2017

    Loss Easy To Figure In Canadian Quarry Row, Mining Co. Says

    A Delaware mining company pressed the Permanent Court of Arbitration for costs and damages including lost profits from a Nova Scotia quarry project that was quashed by the Canadian government, in a redacted document obtained Thursday by Law360.

  • April 27, 2017

    Gas Co., Enviro Group Attack Pa. Frack Water Well Permit

    A Pennsylvania community group and a gas producer have filed competing appeals in the state’s Environmental Hearing Board over permits issued by the Department of Environmental Protection allowing a controversial frack water disposal well.

  • April 27, 2017

    Crowell & Moring Adds 2 Dentons Environmental Lawyers

    Crowell & Moring LLP has expanded its environment and natural resources group with the addition two attorneys from Dentons who have more than 70 years of combined experience with chemicals and pesticides law.

  • April 27, 2017

    KiOR Investors Seek OK For $4.5M Stock Drop Deal

    A group of investors in biofuel developer KiOR Inc. asked a Texas federal court Wednesday to approve a $4.5 million settlement of class claims that the company’s CEO hid technical difficulties at the company’s first production facility.

Expert Analysis

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Honestly, What Is The Best Science?

    William Walsh

    No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • More EPA Financial Responsibility Rules On The Way

    Wray Blattner

    The U.S. Environmental Protection Agency recently proposed a rule regarding financial responsibility requirements for the hardrock mining industry. The particulars on how it determined this formula may be a precursor for methods used in other upcoming industry regulations, say attorneys with Thompson Hine LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.