Environmental

  • March 22, 2017

    Jury Awards Calif. Mining Families $100M For County's Plot

    A California federal jury on Tuesday awarded two gravel mining families over $100 million on their claims that Sacramento County officials violated their constitutional rights by maliciously forcing them out of business to aid mining rival Teichert Construction.

  • March 22, 2017

    Exxon Ordered To Turn Over Execs' Climate Change Docs

    The New York judge overseeing a climate change-related probe of Exxon Mobil Corp. on Wednesday ordered the oil giant to produce documents from top executives to the New York attorney general by the end of the month, and directed further talks about recovering missing emails from an alias account of its recently departed CEO, Secretary of State Rex Tillerson.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    VW, Ex-Exec Seek To Scrap Investor Claims In Emissions MDL

    Volkswagen AG and the former head of its U.S. unit urged a California federal judge to dismiss partially amended claims brought by a proposed class of investors as part of the sprawling multidistrict litigation over the automaker’s diesel emissions scandal, according to separate motions filed Tuesday and Wednesday.

  • March 22, 2017

    Dem Senators' Letter Says Trump EPA Budget A Disaster

    A group of almost 40 Senate Democrats on Wednesday published a letter they sent to the heads of the Senate Appropriations Committee expressing concerns over President Donald Trump’s budget proposal to slash almost a third of the U.S. Environmental Protection Agency’s funding, saying that such drastic cuts would harm the agency’s ability to execute its core mission.

  • March 22, 2017

    5th Circ. Sides With EPA In Battle Over Texas Haze Rule

    The Fifth Circuit on Wednesday rejected Texas’ bid to strike down the U.S. Environmental Protection Agency’s regional haze plan for the Lone Star State, instead granting the EPA’s motion to send the existing regulations back to the agency for revision.

  • March 22, 2017

    Senate Dems Slam Trump's Skinny DOI Budget

    Senate Democrats on Tuesday slammed President Donald Trump’s proposal to slash the Department of Interior’s budget by $1.5 billion, saying planned cuts to programs that address climate change contradict the president's commitments to infrastructure spending made on the campaign trail.

  • March 22, 2017

    GAO Says It Can Judge Intergovernmental Contracts

    The Government Accountability Office asserted Tuesday that it has the authority to consider protests to intergovernmental support agreements, awarded to local governments by federal agencies seeking contractors, even as it rejected the specific challenge to a U.S. Army garbage collection project award.

  • March 22, 2017

    GAO Blasts Pace Of Offshore Drilling Oversight Improvements

    Poor leadership is hamstringing the efforts of U.S. offshore drilling regulators to improve their oversight of the industry following the 2010 Deepwater Horizon disaster, the U.S. Government Accountability Office said on Tuesday.

  • March 22, 2017

    New York Launches $70M Electric Car Rebate Initiative

    New York is launching a $70 million electric car rebate program intended to get more electric cars on the road and slash carbon emissions in the transportation sector, Gov. Andrew M. Cuomo has announced.

  • March 22, 2017

    Suit Accusing FERC Of Pro-Energy Industry Bias Thrown Out

    A D.C. federal judge on Wednesday dismissed an environmental group's suit claiming the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry, saying there is no evidence that FERC is biased.

  • March 22, 2017

    Wyo. Gov. Gets Pipeline Agency To End FERC Authority Fight

    The office of Wyoming Gov. Matt Mead admitted Wednesday it pressed the Wyoming Pipeline Authority to drop its challenge to a Federal Energy Regulatory Commission order that delegated additional authority to commission staff just before FERC lost the quorum it needs to function.

  • March 22, 2017

    Measure Nixing Alaska Hunting Regs Heads To Trump

    With the Senate’s vote on Tuesday, Congress — by utilizing the Congressional Review Act, which allows Congress to repeal some recently finalized regulations — has now passed a measure aimed at repealing a rule that limited the hunting of predators on federal lands in Alaska. It now goes on to President Donald Trump.

  • March 22, 2017

    Delta’s Safari Trophy Ban Beats Challenge In 5th Circ.

    A Fifth Circuit panel has affirmed the dismissal of a suit from a group of hunting, tourism and conservation organizations challenging Delta Air Lines Inc.'s decision to stop transporting big game trophies, finding the airline is not required to treat all cargo equally.

  • March 22, 2017

    4 Must-Knows For Developers As Trump Cabinet Ramps Up

    The real estate community remains hopeful that developer-turned-president Donald J. Trump may enact changes in Washington that benefit commercial real estate, but questions still abound, lawyers say, and keeping a few things in mind can help developers ride out the present uncertainty.

  • March 21, 2017

    NY AG Slams Exxon Again Over Order For Climate Emails

    New York Attorney General Eric Schneiderman called out Exxon Mobil Corp. on Monday for refusing “more dramatically than ever” to comply with a court order for climate change documents, telling a state judge the unarchived emails that ex-CEO Rex Tillerson sent from an alias account raises new concerns about the preservation and production of the subpoenaed documents.

  • March 21, 2017

    Gorsuch Rebukes Trump, Defends Record To Senate Panel

    U.S. Supreme Court nominee Judge Neil Gorsuch pushed back Tuesday at attacks on his record and rebuked President Donald Trump’s comments on the judiciary as he sought to persuade a Senate panel to advance his nomination to the nation's highest court.

  • March 21, 2017

    House Dems Say Pruitt, Perry ‘Flouted’ Law With Rule Delays

    House Democrats on Monday said the new heads of the U.S. Environmental Protection Agency and the Department of Energy have “flouted” the law by delaying several Obama-era rules without proper public notice.

  • March 21, 2017

    Enviros Ask Court To Stop Fla. Big Cypress Oil Project

    Environmental groups suing the National Park Service over plans to allow a Texas-based oil company to explore for oil and gas in the Big Cypress National Preserve in South Florida asked for summary judgment Monday, arguing that it's clear the government violated various federal laws and regulations by approving the plan.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Regulatory Pathways Emerge For Gene-Edited Products

    Emily Marden

    The U.S. Food and Drug Administration, Department of Agriculture and Environmental Protection Agency have finally indicated how they plan to regulate emerging genetic technologies. Their respective proposals differ in scope and approach, but each one has the potential to significantly influence how gene editing is integrated into product development, say Emily Marden and Deepti Kulkarni of Sidley Austin LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • NJ Spill Act May Now Include Right To Compel Sampling

    Edward McTiernan

    Confronted with the strict liability scheme under New Jersey's Spill Act, courts in the state have universally required that a contribution plaintiff establish that the defendants are "dischargers" or "in any way responsible" before recognizing contribution claims. But that changed when the Appellate Division announced its decision in Matejek v. Watson earlier this month, say Edward McTiernan and Kerry Dziubek of Arnold & Porter Kaye Scholer LLP.