Environmental

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    Mass. Justices Revive Condo Owners' Hazardous Waste Suit

    Massachusetts’ highest court on Friday gave the owners of some units at the Grand Manor Condominium Association in Lowell another shot at their bid to make the city pay them millions of dollars for damaging their property by releasing hazardous materials like lead and arsenic when operating it as a dump.

  • January 19, 2018

    1 Of 52 Bison Seen After Release Spurs Criminal Probe

    Yellowstone National Park staff have spotted at least one of the 52 bison illegally released from holding pens last week, as the National Park Service’s criminal investigation into the unauthorized emancipation continues, a spokeswoman said Friday.

  • January 19, 2018

    DC Circ. Upholds NRC's Wyo. Uranium Mine License

    The D.C. Circuit on Friday rejected environmental groups’ effort to revive their challenge to the U.S. Nuclear Regulatory Commission’s decision to issue a license for Strata Energy Inc.’s uranium mining project in Wyoming.

  • January 19, 2018

    Feds Want Tribes’ Bears Ears Challenge Moved To Utah

    The federal government asked a D.C. federal court Thursday to transfer a suit brought by the Hopi Tribe and others alleging President Donald Trump did not have authority to reduce the size of the Bears Ears National Monument, arguing that Utah is a better venue.

  • January 19, 2018

    11th Circ. Affirms Sentences For Gulf Oil Spill Fund Fraud

    The Eleventh Circuit on Thursday affirmed the sentences of three people in connection with a family-run scheme that saw the claims fund established by BP for victims of the 2010 Deepwater Horizon oil spill defrauded of several million dollars, rejecting various allegations of errors by the trial court.

  • January 19, 2018

    Judge Wants To Hear Dueling Va. Coal Mine Pollution Suits

    A Virginia federal judge on Friday refused to nix dueling suits between Red River Coal Co. and environmental groups over alleged coal mine pollution, saying he has jurisdiction to determine whether Red River has violated the Clean Water Act.

  • January 19, 2018

    FERC Shouldn't Hear Religious Freedom Claim, 3rd Circ. Told

    A Roman Catholic order of nuns on Friday urged the Third Circuit to undo a district court’s ruling that the Federal Energy Regulatory Commission, not the courts, must hear its pipeline challenge, arguing that the agency isn’t a competent tribunal with respect to the religious freedom law controlling its claim.

  • January 19, 2018

    Environmental Group Of The Year: Hunton & Williams

    Hunton & Williams LLP represented clients pursuing some of the major challenges to Obama-era environmental policies in 2017, including litigation against climate change regulation and the reconsideration of methane rules, earning it a place among Law360's Environmental Groups of the Year.

  • January 18, 2018

    DOE's Delay In Publishing Energy-Saver Rules Questioned

    A California federal judge seemed skeptical that the U.S. Department of Energy could stall its own energy conservation standards for household and industrial appliances, saying at a hearing Thursday that he didn’t see why publishing the finalized rules was a discretionary decision, when all it required was “the push of a button.”

  • January 18, 2018

    NY Tells 2nd Circ. It Did Not Waive Authority Over Pipeline

    New York’s Department of Environmental Conservation pressed the Second Circuit on Wednesday to hold that the agency did not waive its permitting authority over a Millennium Pipeline Co. LLC natural gas pipeline project, despite the Federal Energy Regulatory Commission’s conclusion to the contrary.

  • January 18, 2018

    Sen. Demands Answers From Pruitt On EPA Costs, Policies

    Massachusetts Democratic Sen. Edward Markey sent a letter to U.S. Environmental Protection Agency chief Scott Pruitt on Thursday posing a slew of questions about his conduct and accusing him of driving the regulator away from its mission to protect the environment and toward industry-friendly positions.

  • January 18, 2018

    Wash. Urges 9th Circ. To Nix Tribe’s Win In Landslide Row

    The state of Washington told the Ninth Circuit Wednesday that the Stillaguamish Tribe of Indians’ win in a suit contending the state cannot seek indemnity over liability for a landslide should be axed, saying the lower court didn’t have jurisdiction to hear the suit.

  • January 18, 2018

    Enviro Group Beats Auto Recycler's Counterclaims For Now

    A Massachusetts federal judge on Wednesday threw out an auto salvage company’s claims that nonprofit environmental group Clean Water Action had filed a frivolous lawsuit against it, but gave the company one more chance to fix its allegations against the organization.

  • January 18, 2018

    Contractor On $42M Pa. Bridge To Cop To Enviro Crimes

    The owner of a Pennsylvania painting company on Wednesday agreed to plead guilty to federal charges of knowingly discharging pollutants into the Susquehanna River during a $42 million bridge rehabilitation project.

  • January 18, 2018

    Ore. River’s Proposed ‘Wild’ Label Stands For Now

    A D.C. federal judge Thursday upheld a U.S. Bureau of Land Management regional office’s decision to designate a section of the Rogue River in Oregon as suitable for protection under the Wild and Scenic Rivers Act.

  • January 18, 2018

    Trump Wants Suit Over 'Secret' Infrastructure Council Nixed

    President Donald Trump on Wednesday urged a D.C. federal court to toss a lawsuit accusing the White House of creating an advisory council led by members sullied with ethical and financial conflicts of interest to secretly craft his highly anticipated infrastructure plan, saying the suit is moot because there’s no such council.

  • January 18, 2018

    Renewable Energy Grant Bout Must Go To Trial, Judge Says

    Two energy companies must take their lawsuit to trial in a dispute against the government over $24 million in renewable energy cash grants after a U.S. Court of Federal Claims judge denied both sides’ bids for early wins on Wednesday.

  • January 18, 2018

    Trump's Pick For DOJ Enviro Chief Clears Senate Committee

    The Senate Judiciary Committee on Thursday voted to advance President Donald Trump’s nominee to lead the U.S. Department of Justice’s environmental division, Kirkland & Ellis LLP partner Jeffrey Bossert Clark, over strong objections from Democrats.

  • January 18, 2018

    Wash. Tribes' Coast Guard Row Over Killer Whales Still Afloat

    A federal judge on Wednesday refused to dismiss a suit from two Washington tribes alleging the U.S. Coast Guard put endangered killer whales at risk by adopting a shipping traffic plan off the coast of the state without consulting the National Marine Fisheries Service.

Expert Analysis

  • Severe Weather Events Create Insurance Dilemmas

    Edward Murphy

    In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • How FERC Redefined 'Grid Resilience'

    Colette Honorable

    Last fall, the U.S. Department of Energy directed the Federal Energy Regulatory Commission to consider "grid resilience" measures that tended to favor coal and nuclear power. FERC's response this week, rejecting the DOE approach, embraces a resilience strategy incorporating new energy technologies, and could even lead to consideration of climate change as a factor, say attorneys with Reed Smith LLP.

  • White House Deregulation Push Is Just Getting Started

    Jane Luxton

    The Trump administration's recently released unified agenda indicates an even greater pace of deregulatory action in 2017 than was called for in the president's "two-for-one" executive order. But parties interested in particular future regulatory reforms must develop a strategy for aligning with the relevant agency’s priorities, say attorneys with Clark Hill PLC.

  • Will Ratepayers Or Shareholders Pay For California Fires?

    Mike Danko

    Northern California homeowners recently filed suit against PG&E Corporation, blaming its power lines for sparking wildfires that have destroyed more than 5,000 homes. If plaintiffs prove that the utility took shortcuts that placed profits over safety, victims’ compensation should come from the company's profits, not from ratepayers, say Mike Danko of Danko Meredith and Caroline Corbitt of Gibbs Law Group.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • The Uncertain Fate Of Migratory Birds

    Hilary Tompkins

    It remains to be seen if the recent reversal of the U.S. Department of the Interior's long-standing position regarding the Migratory Bird Treaty Act will withstand challenges. The launch of this decision — just before Christmas and without a solicitor — highlights some potential pitfalls, says Hilary Tompkins, a partner at Hogan Lovells and former solicitor of the DOI.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.