Environmental

  • May 25, 2017

    Navajo Council Weighs Legislation To Keep Coal Plant Open

    The Navajo Nation Council on Wednesday introduced legislation that would approve an agreement to allow the coal-fired Navajo Generating Station on the tribe’s reservation in Arizona to keep its doors open through the end of 2019, as the tribe faces a July 1 deadline to make a decision on the deal.

  • May 25, 2017

    Judge Won't Allow Deepwater Claims Due To Missing Form

    A Louisiana federal judge Wednesday declined to force a claims administrator for the Deepwater Horizon BP oil spill disaster to consider applications from a group of nine individuals and businesses who submitted documentation to the settlement program without a claim form, deciding the filings were untimely.

  • May 25, 2017

    Sioux Say They Belong In Dakota Access Pipeline Suit

    A group of Sioux tribe members on Wednesday pressed a D.C. federal judge to let them take part in a challenge to the U.S. Army Corps of Engineers’ approvals for the Dakota Access pipeline in North Dakota, saying that they may be needed in the suit to preserve claims that the pipeline violates their religious rights.

  • May 25, 2017

    DOE Halts Energy Efficiency Rule Delay For Ceiling Fans

    The U.S. Department of Energy on Wednesday ended its delay of energy efficiency rules for ceiling fans, bowing to lawsuits brought by several states and environmental and consumer groups over the Trump administration's postponement of the Obama-era standards.

  • May 25, 2017

    House Dems Tell Zinke Trump Can't Touch Monuments

    A group of 86 Democratic U.S. representatives told Interior Secretary Ryan Zinke on Thursday that Congress, not the president, has the authority to revoke or shrink national monuments, meaning that his ongoing review of certain monuments at President Donald Trump’s direction is a waste of time and money.

  • May 25, 2017

    GM Hit With Emissions-Cheating Claims

    General Motors on Thursday became the latest automaker to be caught up in allegations of emissions cheating, as a proposed class action filed in Michigan federal court claims that defeat devices — similar to those used in Volkswagen’s diesel cars — are installed in certain models of its diesel trucks.

  • May 25, 2017

    Costa Rica Fights Investors' Bid To Block ICSID Rulings

    Costa Rica's government urged a D.C. federal court Wednesday to reject a bid by several U.S. real estate investors to block an International Centre for Settlement of Investment Disputes tribunal from correcting an award in a dispute over property it took for a national park, saying the American federal court has no power to rule on the issue.

  • May 25, 2017

    Sewage Not Pollution Under Insurance Policy, 11th Circ. Told

    An Alabama federal court followed clear state law precedent when it ruled that a “total pollution” exclusion in an insurance policy issued to a construction company did not bar coverage for a sewage leak, and the Eleventh Circuit should do the same, the Dixie Electric Cooperative told the appeals court Thursday.

  • May 25, 2017

    Enviros Add Endangered Species Claim To Keystone Suit

    Environmental organizations on Wednesday added new claims against the U.S. Fish and Wildlife Service in their suit against the U.S. Department of State and other agencies over the approval of the Keystone XL pipeline, telling a Montana federal court the service hasn’t seriously considered the project’s threat to whooping cranes and other endangered species.

  • May 25, 2017

    Lawmakers Seek Answers After Toxic Storage Tunnel Collapse

    A bipartisan group of lawmakers on Wednesday asked the U.S. Government Accountability Office to take a look into cleanup work being done at the Hanford Nuclear Reservation, which recently had one of its tunnels that stored mixed radioactive waste partially collapse.

  • May 25, 2017

    Crucial Ally Joins Suniva's Quest For Solar Cell Tariffs

    Bankrupt U.S. solar panel maker Suniva Inc. earned support from a key ally in its bid for a safeguard tariff on competing imports Thursday as SolarWorld Americas Inc. — a veteran of the solar panel trade wars — joined the case as a co-petitioner.

  • May 25, 2017

    German Prosecutors Eye Bosch Workers Amid Daimler Probe

    German prosecutors investigating if Daimler AG employees committed fraud in the sales of the company's diesel cars by faking emissions documents are also looking into workers at auto parts supplier Robert Bosch GmbH, according to media reports Thursday.

  • May 25, 2017

    Pipeline Foes Crash FERC Nominees' Confirmation Hearing

    An otherwise sleepy U.S. Senate confirmation hearing for two Federal Energy Regulatory Commission nominees was roused by several protesters of the agency's pipeline review and approval policies who angrily shouted for FERC to be shut down before they were forcibly removed.

  • May 25, 2017

    ExxonMobil Wants Nearly $20M Refinery Penalty Eliminated

    Exxon Mobil Corp. on Wednesday told a Texas federal court that a nearly $20 million civil penalty imposed over allegations that it emitted millions of pounds of air pollution from a complex in a Houston suburb “has no economic validity,” arguing that the judgment should be recalculated or eliminated.

  • May 24, 2017

    NJ High Court Remands Enviro Cleanup Coverage Row

    The New Jersey Supreme Court has ordered the state's Appellate Division to revisit its decision that a property owner may pursue litigation against insurers over environmental cleanup coverage under policies issued to a bankrupt former owner, saying that finding should be re-evaluated based on a Supreme Court opinion on post-loss claim assignments.

  • May 24, 2017

    6th Circ. Affirms Decision To Keep VW Exec In Detention

    A Volkswagen AG executive accused of aiding in the conspiracy to cover up the diesel emissions test scandal will remain in pretrial detention after a Sixth Circuit panel on Wednesday denied his bid to overturn a lower court decision that ruled him a flight risk.

  • May 24, 2017

    DOI Sued For Docs On National Monuments It Might Ax

    A conservation group accused the U.S. Department of the Interior on Wednesday of ignoring its request for information about the Obama administration’s deliberations over five national monuments, including the Bears Ears National Monument — documents it hopes will shed light onto what it called Interior Secretary Ryan Zinke’s “sham review” of their designations.

  • May 24, 2017

    Judge OKs $177M Settlement Over Enbridge Pipeline Spills

    A Michigan federal judge on Tuesday signed off on a final agreement that requires Canadian pipeline giant Enbridge to pay $177 million in civil penalties and pipeline safety upgrades to resolve pollution claims related to oil pipeline spills in Michigan and Illinois in 2010.

  • May 24, 2017

    Nuverra Creditors Nix Ch. 11 Plan, Cite Priority Fouls

    A Nuverra Environmental Solutions Inc. noteholder trustee accused the bankrupt oil field services company on Wednesday of fielding an “impermissible and unconfirmable” Chapter 11 plan that fully pays general unsecured creditors without providing any cash to holders of $41 million in notes.

  • May 24, 2017

    Battery Firm Seeks Quick OK For Ch. 11 Bidding, Auction Plan

    Warning that bankruptcy expenses could drain its case, saltwater battery developer Aquion Energy Inc. won an accelerated review for its Delaware Chapter 11 bid procedures Wednesday, and said that its only current bidder needs to close on a sale before June 30.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Does FERC Delegation Authority Survive Loss Of Quorum?

    Harvey Reiter

    In Allegheny Defense Project v. Federal Energy Regulatory Commission, the petitioner has raised three different arguments why its appeal is not premature — all of which go to the legal status of FERC's tolling orders. Therefore, it seems likely that the D.C. Circuit will have to address at least some aspect of the scope and lawfulness of FERC's delegation authority, say attorneys with Stinson Leonard Street LLP.

  • In Congress: Budget, Health Care, Comey

    Richard Hertling

    As we approach the Memorial Day recess, President Trump’s firing of FBI Director James Comey and allegations that the president sought to stop the FBI from investigating former National Security Advisor Michael Flynn’s potential ties to Russia remain at the top of the news cycle and threaten to derail Republican efforts to pursue health care and tax reform, among other priorities, say Richard Hertling and Kaitlyn McClure of Covingt... (continued)

  • EPA Signals Shift In Superfund Decision-Making

    Jeremy Karpatkin

    Not only does U.S. Environmental Protection Agency Administrator Scott Pruitt’s recent delegation memo signal a potentially significant shift within the agency to centralize decision-making on major Superfund remedies, but it's also an important development in the broader context of recent controversies related to large Superfund sites, says Jeremy Karpatkin of Arnold & Porter Kaye Scholer LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.