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Environmental

  • October 23, 2018

    Utes Say Group Of Members Don't Belong In Monument Suit

    The Ute Indian Tribe has told a D.C. federal judge that a group claiming to represent tribal members is actually a group of disgruntled members who don't hold leadership positions, urging the court to exclude them from a suit challenging President Donald Trump's decisions to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • October 23, 2018

    DC Circ. Backs FERC's Amendments Of Maine Dam Licenses

    The D.C. Circuit on Tuesday shot down a challenge brought by a coalition of environmental groups to the Federal Energy Regulatory Commission's order amending the licenses for several Maine hydroelectric projects over their alleged threat to endangered Atlantic salmon, deciding some of the objections should have been raised earlier.

  • October 22, 2018

    Landmark Roundup Verdict Survives, But Cut Down By $211M

    A California judge on Monday slashed roughly $211 million from the $289 million jury verdict won by a groundskeeper who alleged that Monsanto’s Roundup weedkiller caused his lymphoma, ruling that the jury’s punitive damages award must be limited to protect the agrochemical giant’s due process rights.

  • October 22, 2018

    Wash. Court Revives Worker Death Lawsuit Against GE Unit

    A Washington state appellate court on Monday revived a woman's lawsuit alleging that her husband was killed by a defective industrial water recovery system made by a General Electric subsidiary, ruling the suit was not filed too late.

  • October 22, 2018

    Fisheries Monitoring Rule Too Lax, DC Circ. Hears

    An environmental nonprofit Monday asked a D.C. Circuit panel to revive its challenge to a National Marine Fisheries Service rule it says improperly allows the agency to decrease the number of observers it assigns to monitor how many fish are incidentally caught off the Northeast coast.

  • October 22, 2018

    US Can't Shake Porpoise-Related Mexican Seafood Ban

    The U.S. Court of International Trade on Monday rejected the Trump administration’s bid to delay the implementation of a recent ban on seafood imported from Mexico that is caught with an all-encompassing net that kills the world’s smallest and most endangered porpoise.

  • October 22, 2018

    Native, Animal Groups Launch Privacy-Based Climate Suit

    A Native American women’s green group and an animal rights organization sued the federal government Monday, alleging its actions on a host of environmental issues have exacerbated climate change and violated U.S. citizens’ right to privacy under the Constitution.

  • October 22, 2018

    Enviros Ask DC Circ. To Review EPA Inaction On Smog

    A coalition of environmental and public health advocates asked the D.C. Circuit to review the U.S. Environmental Protection Agency’s denial of requests by Maryland and Delaware to reduce upwind pollution coming from other states in violation of the so-called good neighbor provision of the Clean Air Act.

  • October 22, 2018

    Green Groups Challenge EPA Coal Ash Rule Relaxation

    Environmental groups on Monday urged the D.C. Circuit to review the U.S. Environmental Protection Agency's initial set of revisions to Obama-era regulations governing coal ash disposal that ease requirements for utilities and other power plant operators by delaying coal ash pond closures and groundwater monitoring.

  • October 22, 2018

    EU Approves France's €200M Self-Made Electricity Plan

    European Union antitrust authorities signed off Monday on a French government plan to dole out €200 million ($229 million) in subsidies to individuals and companies producing renewable electricity meant primarily for their own use.

  • October 22, 2018

    WTO Members Probe China's Scrap Material Import Ban

    A group of World Trade Organization members on Monday peppered China with questions about its effective ban on imports of scrap material, which has disrupted global recycling supply chains and begun to make Beijing's trade partners nervous.

  • October 22, 2018

    Kids Urge Supreme Court To Let Climate Suit Proceed

    Children accusing the federal government of pushing policies that will worsen climate change-related dangers urged the U.S. Supreme Court on Monday to let the landmark trial begin next week, arguing that short-circuiting a case over constitutional rights would set a dangerous precedent.

  • October 19, 2018

    Chief Justice Pauses Kids' Climate Suit Ahead Of Trial

    Chief Justice John Roberts issued an administrative stay on Friday in a lawsuit accusing the federal government of failing to protect future generations from climate change, in a move that could delay an Oregon federal trial currently set for Oct. 29.

  • October 19, 2018

    GreenTech Auto Fetches $50M Ch. 11 Stalking Horse Bid

    An electric car company co-founded by former Virginia Gov. Terry McAuliffe asked a Virginia bankruptcy court for permission to name a Chinese investment firm as the $50 million stalking horse bidder for its assets.

  • October 19, 2018

    3 States Say Controversial Water Rule Infringes Their Rights

    Three states told a Texas federal court that an Obama administration rule that broadened the reach of the Clean Water Act and was widely contested by other states and industry groups should be thrown out, saying it conflicts with Supreme Court precedent, the intent of the law and infringes on states’ rights.

  • October 19, 2018

    Three Firms Guide Launch Of $508M In IPOs

    A software company, a genome editing company and an electric scooter manufacturer priced initial public offerings late Thursday that raised a combined $508 million, with help from DLA Piper, Ropes & Gray LLP and Skadden Arps Slate Meagher & Flom LLP.

  • October 19, 2018

    Trump Looks To Ease Burdens On Western Water Projects

    President Donald Trump on Friday directed two federal agencies to look for ways to make it easier for developers to complete water infrastructure projects in California, Washington and Oregon, including streamlining procedures that are in place to protect the environment and endangered species.

  • October 19, 2018

    Vinson & Elkins Adds Former DOJ Enviro Pro

    Vinson & Elkins LLP has brought on board a George W. Bush-era assistant attorney general in the U.S. Department of Justice's Environment and Natural Resources Division, adding an experienced partner to its environmental and white collar practices.

  • October 19, 2018

    EPA Withdraws Obama-Era Uranium Mining Safety Rule

    The U.S. Environmental Protection Agency on Thursday withdrew an Obama-era proposal for new health and environmental protection regulations for uranium ore extraction that would have required stricter groundwater quality and monitoring standards.

  • October 19, 2018

    Cos. Urge High Court To Review Toxic Tort Class Action

    Four companies have asked the Supreme Court to review the Sixth Circuit’s decision to approve the certification of certain issues for classwide treatment in a group of Dayton, Ohio, residents’ lawsuit accusing the companies of groundwater pollution.

Expert Analysis

  • Why Enviros, Agencies Disagree On Safe Glyphosate Levels

    Lori Elliott Jarvis

    An environmental group is criticizing the U.S. Environmental Protection Agency and the U.S. Food and Drug Administration for their actions and policies regarding levels of glyphosate in oat-based products. Advocacy groups will likely continue to press the issue, with individual companies being pulled into the debate, say attorneys at Hunton Andrews Kurth LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • A Closer Look At EPA Inspector General's New Strategic Plan

    Brian Stansbury

    The U.S. Environmental Protection Agency's Office of Inspector General recently released its strategic plan for 2019 to 2023. Brian Stansbury and Leah Min of King & Spalding LLP provide insights on several noteworthy aspects, such as how the OIG will hold the EPA accountable for meeting 2019 targets and rely on data and business analytics to meet its goals.

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.

  • 6th Circ. Creates Deep Divide Over Reach Of CWA

    Anthony Cavender

    Despite the Clean Water Act's long history, recent decisions from the federal appellate courts — including two opinions from the Sixth Circuit last month — have raised new questions about several issues that once seemed settled, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • How The Affordable Clean Energy Rule Impacts Oil And Gas

    Carroll McGuffey

    The U.S. Environmental Protection Agency’s proposed replacement for the Clean Power Plan, dubbed the Affordable Clean Energy rule, is now open for comment. The rule could cost the coal industry and coal-fired power plants millions, but there are a number of elements that the oil and gas industry must consider as well, says Carroll McGuffey of Troutman Sanders LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.