The California federal judge overseeing allegations that oil companies are liable for San Francisco and Oakland’s global warming-related infrastructure costs heard a five-hour tutorial on climate science Wednesday, with both sides agreeing human activity contributes to global warming, while an attorney for Chevron said a handful of companies shouldn’t take the heat.
A Kentucky federal judge on Wednesday upheld a coal mining permit issued to a company that shares ownership of the land with other parties that objected to any mining, finding only one party had to approve.
Thursday's anticipated FCC vote to streamline 5G infrastructure deployment should be delayed until the agency can further assess how the proposal might hurt tribal lands and the environment, Commissioner Mignon Clyburn said Wednesday afternoon.
Rail supply company Varlen Corp. asked the Seventh Circuit on Wednesday to revive its bid for more than $10 million in coverage from Liberty Mutual to cover the costs of remediating groundwater contamination at a pair of industrial sites, arguing that a lower court improperly barred expert testimony that would have defeated a pollution exclusion in its policies.
The Fifth Circuit on Tuesday upheld the dismissal of an environmental restoration company’s lawsuit alleging the U.S. Army Corps of Engineers illegally planned its own rehabilitation project instead of buying mitigation credits from the company.
Tuesday's settlement of an antitrust suit brought by a Tesla Inc. unit over an Arizona public utility's rooftop solar fees leaves unanswered whether such fees unlawfully impede solar development to benefit incumbent utilities, as well as the scope of public utilities' immunity from antitrust suits, a question the U.S. Supreme Court was poised to consider.
A Montana magistrate judge on Tuesday said a lawsuit by two environmental groups challenging the federal government’s approval of a vegetation management project in the Helena Lewis and Clark National Forest should be thrown out, saying in part that they haven't exhausted administrative remedies.
The federal government objected late Tuesday in Delaware to the proposed Chapter 11 plan of refinery operator PES Holdings LLC, saying the plan cannot be confirmed for numerous reasons related to its treatment of creditors and the lack of information about claims against the debtor.
The Center for Biological Diversity sent a notice Tuesday informing two federal agencies that it intended to sue, alleging they aren’t analyzing and moving to limit the impact of a common pesticide despite information that says it likely harms many protected species.
A landowner has told the Texas Supreme Court that a lower appellate court ignored “well-settled rules of contract interpretation” when it upheld an early win in favor of Samson Exploration LLC in a dispute over who is responsible for both the cost of a chemical spill on his property and the cost of pursuing legal action to recoup those costs.
Greenberg Traurig LLP announced Monday that it has hired the former director of California's Department of Toxic Substances Control as a shareholder who will bolster its environmental and toxic tort practices from its Sacramento office.
A conductor who has worked with Illinois Central Railroad Co. for nearly two decades hit the railroad with a suit in Illinois federal court on Tuesday, claiming Illinois Central was negligent in exposing him and other employees to toxic chemicals during the course of his work, which he said resulted in his diagnosis of a respiratory disease.
BP, Chevron, ConocoPhillips, Exxon and Royal Dutch Shell on Tuesday urged a California federal judge to nix Oakland's and San Francisco's suits to hold the oil giants liable for climate change-related infrastructure damage, saying climate change is not an issue that belongs in a courtroom.
Several utility and transmission groups on Monday asked the Federal Energy Regulatory Commission to reconsider a rule it finalized last month that removes barriers for energy storage providers to participate in regional wholesale energy markets, saying it infringes on state authority.
The Sixth Circuit on Tuesday affirmed the dismissal of a Michigan road district’s lawsuit against the U.S. Environmental Protection Agency and Army Corps of Engineers alleging the agencies improperly blocked a permit for the construction of a new road, finding the road district was to blame for abandoning the permitting procedure.
California Chief Justice Tani Cantil-Sakauye on Monday applauded the governor's proposal to up trial court budgets by $123 million, saying the money will be used to speed civil dockets amid an "onslaught of cases waiting to be filed," like $12 billion in anticipated insurance claims stemming from recent wildfires.
The Stillaguamish Tribe of Indians urged the Ninth Circuit on Monday to uphold a lower court's finding that the state of Washington can't seek indemnity from the tribe for a deadly landslide, saying the tribe didn't waive its sovereign immunity.
The Oglala Sioux Tribe insisted Tuesday in oral arguments at the D.C. Circuit that a uranium mining license under review by the Nuclear Regulatory Commission also can be challenged at the appeals court because the license remains “effective” and in place during the review.
A D.C. federal judge on Monday rejected the Yankton Sioux Tribe’s bid to pull the permits issued by the federal government for the controversial $3.8 billion Dakota Access pipeline, saying the tribe hadn't shown that the government hid the overall impact of the project by fracturing its environmental review.
U.S. Secretary of Energy Rick Perry on Tuesday faced bipartisan fire from members of the Senate Committee on Energy and Natural Resources over research and development cuts in the Department of Energy's proposed 2019 budget, echoing criticism he received last week from House appropriators.
Next month, the California Department of Tax and Fee Administration will hold an interested parties meeting regarding a partial sales and use tax exemption for electric generation and distribution equipment. Attorneys from Eversheds Sutherland LLP explain how the exemption has changed this year and why stakeholders may want to weigh in.
Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.
A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.
Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.
Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.
Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.
There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.
Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.
Aspiring to close the gaps between differences in American, European and Chinese approaches to regulating electric vehicle safety, the United Nations recently completed development of a Global Technical Regulation. Anurag Maheshwary, an attorney at the U.S. Department of Justice, reviews the notable features of the GTR and explores its impact on improving safety compared to existing regulations.
It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.