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Environmental

  • November 15, 2018

    EU Court Says UK Energy Subsidy Award Unlawful

    The United Kingdom should not have been awarded state aid from the European Union to subsidize backup power to support its grid during the winter, an EU court ruled Thursday, finding the union's antitrust arm failed to investigate whether green energy companies were being shut out.

  • November 15, 2018

    Texas Builder Loses Bid To Ax Injunction In Water Code Row

    An order barring the developer of a 770-acre planned community north of San Antonio from adding more “impervious cover” to the property was upheld Thursday by a Texas appellate court, which agreed that landowners downstream had shown increased stormwater runoff would harm them.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Trump EPA's Air Policy Tweaks Relax Permit Program

    The U.S. Environmental Protection Agency's latest change to a Clean Air Act permitting program will provide clarity to facilities looking to expand their operations and make it easier to avoid more stringent pollution controls, continuing the Trump administration's efforts to make industry-friendly changes to the program.

  • November 14, 2018

    Navajo Landowners Ask 10th Circ. To Allow Oil, Gas Drilling

    A Navajo Nation landowners group has urged the Tenth Circuit to rule against environmental groups and another Navajo tribal group seeking to block the Bureau of Land Management from allowing further oil and gas drilling in New Mexico’s Mancos Shale, saying it’s essential to the local economy.

  • November 14, 2018

    EPA Eases Hazmat Rules For Discarded Takata Air Bag Parts

    The U.S. Environmental Protection Agency said Wednesday that it will ease hazardous waste regulations for auto dealerships, repair facilities and scrap yards disposing of potentially deadly Takata air bag inflators at the center of a sweeping 2015 national recall.

  • November 14, 2018

    Senate Passes Coast Guard Bill With Ballast Compromise

    A bill reauthorizing the U.S. Coast Guard heads back to the House of Representatives on Wednesday after the Senate voted to pass a version of the legislation that includes a compromise over how the federal government will regulate ship ballast and discharge.

  • November 14, 2018

    FirstEnergy's Bankrupt Unit Reaches Deal With Coal Supplier

    Bankrupt electric utility FirstEnergy has reached a settlement with Murray Energy Corp. that will end a dispute over a coal sales contract that Murray claims is worth $3.1 billion, in exchange for a $75 million unsecured claim and renegotiation of the contract’s terms.

  • November 14, 2018

    VW, Bosch Say Dealerships' RICO Losses Are Intangible

    Volkswagen AG and Robert Bosch GmbH said Tuesday in California federal court that businesses that invested in building new Volkswagen dealerships or expanding existing dealerships in the midst of the German automaker's 2015 emissions-cheating scandal have overblown their claims of a conspiracy and financial losses from Volkswagen’s reputational hit.

  • November 14, 2018

    PG&E Sued By Camp Fire Victims, Pays $25M Over 2015 Fire

    Victims of the deadly Camp wildfire in northern California's Butte County said in state court Tuesday that PG&E Corp.'s failure to maintain its infrastructure led to the blaze, just as the utility company closed a $25 million deal to end a suit with another northern California county related to a 2015 wildfire.

  • November 14, 2018

    Feds, NYC Housing Authority's $1.2B Spending Deal Nixed

    A New York federal judge on Wednesday rejected a proposed settlement between the federal government and the New York City Housing Authority that calls for more than $1.2 billion in additional spending to correct the “bureaucratic breakdown of the largest public housing agency in the United States,” finding that the settlement overlooks the human impact of the claims.

  • November 14, 2018

    EU Approves $121M To Make German Buses Greener

    The European Commission has greenlighted €107 million ($121 million) in public funds to help Germany make its diesel buses more environmentally friendly, the commission said Wednesday.

  • November 13, 2018

    DC Circ. Asked To Nix Airlines' Suit Over Portland Airport Fees

    The Federal Aviation Administration asked the D.C. Circuit on Tuesday to reject a suit from an airlines trade group challenging Portland International Airport’s use of airport revenue to pay off city utilities, saying the disputed charges are allowed since they count as airport “operating costs.”

  • November 13, 2018

    EPA Rolls Out 'Cleaner Trucks' Initiative

    U.S. Environmental Protection Agency Administrator Andrew Wheeler on Tuesday announced a future rulemaking that will “further decrease” nitrogen oxide emissions for certain heavy-duty trucks and engines while promising to also ensure regulatory certainty for industry.

  • November 13, 2018

    EPA Regional Head Indicted On Ala. Ethics Charges

    An Alabama grand jury on Friday indicted the head of the U.S. Environmental Protection Agency’s Southeastern regional office on ethics charges, including the use of his office for personal gain, just over a year after he was appointed.

  • November 13, 2018

    Feds Seek End To Tribes' Suit Over Copper Mine Approval

    The federal government has asked an Arizona federal judge for a quick win in a suit brought by three Native American tribes challenging the U.S. Forest Service’s decision to greenlight a planned copper mine, saying the agency’s regulations don’t let it block mining even if it could damage tribal cultural sites.

  • November 13, 2018

    CIT Remands Part Of Ruling On Chinese Solar Cell Sales

    The U.S. Department of Commerce erred by including certain sales made by a Chinese solar cell producer as sales the company made in the United States, the U.S. Court of International Trade determined on Tuesday.

  • November 13, 2018

    EPA Moves To Exempt Animal Waste Reporting Requirements

    The U.S. Environmental Protection Agency on Tuesday said it was taking another crack at exempting animal waste emissions from reporting requirements under federal law, following court cases that left the issue up in the air.

  • November 13, 2018

    Hess Agrees To Pay $8.72M For Spill That Killed Pelicans

    Hess Corp. agreed to pay the federal government and Louisiana a total of $8.72 million to fund restoration efforts stemming from the company’s 2005 oil spill that occurred about 13 miles off the state’s coast and allegedly killed "well over" a thousand juvenile pelicans.

  • November 9, 2018

    What To Know After Court Dumps Keystone XL Approval

    A Montana federal judge on Thursday vacated the presidential, cross-border permit for the Keystone XL pipeline and halted work on the controversial project until the U.S. Department of State crafts an environmental review that complies with federal law, casting fresh doubt on the project's future. Here are four key takeaways from the court's ruling.

Expert Analysis

  • Speedier Enviro Reviews For Transpo Projects May Be Ahead

    Samina Bharmal

    The U.S. Department of Transportation recently issued a rule that could create a faster, less duplicative environmental review process for transportation infrastructure projects. Samina Bharmal and Peter Whitfield of Sidley Austin LLP provide insight into its key features.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.