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Environmental

  • May 22, 2019

    Kenneth Feinberg Tapped To Mediate Monsanto Roundup MDL

    A California federal judge Wednesday appointed former Sept. 11th Victim Compensation Fund special master Kenneth Feinberg to help mediate a deal in multidistrict litigation involving 1,300 suits alleging Monsanto's Roundup causes cancer and tentatively set Feb. 10 for the start of the second trial in the federal MDL.

  • May 22, 2019

    Split Texas Panel Gives OK To TCEQ Injection Well Approval

    A split Texas appeals court on Wednesday upheld a state environmental regulator’s approval of an industrial waste disposal facility despite concerns raised late in the process by Texas energy regulators about the project's impact on nearby oil and gas deposits.

  • May 22, 2019

    CIT Affirms Lower Duties For Taiwan Solar Panels

    The U.S. Court of International Trade on Wednesday upheld the U.S. Department of Commerce’s decision to lower tariffs for producers of solar panels from Taiwan after the department was asked to take another look at whether the products were sold at unfairly low prices.

  • May 22, 2019

    Pa. Residents Displaced By CSX Derailment Seek Class Cert.

    Residents of a western Pennsylvania borough who were displaced for days by a fiery CSX Transportation Inc. derailment asked a federal judge for class certification Wednesday in their lawsuit alleging that the railroad was negligent in allowing the train to come off the tracks as it rolled through the town.

  • May 22, 2019

    Power Plant Pollution Changes On Horizon, EPA Says

    The Trump administration on Wednesday said it will continue its deregulatory push over the next few months with rules on tap intended to make it easier on power plants and other big air pollution emitters to avoid having to obtain certain permits.

  • May 22, 2019

    Feds Poised To Shrink GHGs' Role In Final Energy Rules

    The Trump administration will soon finalize rollbacks of greenhouse gas emissions regulations for power plants, vehicles, and oil and gas infrastructure, it said Wednesday as it unveiled a series of energy policy moves in its latest regulatory agenda. 

  • May 22, 2019

    Colo. Quarry Operator Says Federal Regs Preempt Local Rules

    Local officials in Garfield County, Colorado, are trying to impose restrictions on a limestone quarry operator's mining and rock-crushing activities, even though the company's work is protected by a federal permit, the operator told a federal court Tuesday in a complaint.

  • May 22, 2019

    Puerto Rico Insurer Underpaid For Hurricane Claims, Suit Says

    The owner of an insurance policy in Puerto Rico sued Mapfre Praico Insurance Co. in Boston federal court Tuesday, alleging the insurer has paid just $2.6 million out of $39.6 million it owes for damage to over 200 properties from Hurricane Maria in 2017.

  • May 22, 2019

    Trump Ties Infrastructure Bill To NAFTA 2.0 To Press Dems

    President Donald Trump threw a curveball to Democratic leaders by demanding that Congress first pass his revision of the North American Free Trade Agreement before moving to pass infrastructure reform legislation.

  • May 22, 2019

    Prepare For Climate Change, UK Watchdog Urges Insurers

    Insurers should manage the risks created by a changing climate to prevent financial damage to their business, the Prudential Regulation Authority said on Wednesday, as it set out guidance to help the sector assess its future liabilities.

  • May 21, 2019

    Second Atty Sanctioned For Monsanto MDL Opening Remark

    A California federal judge sanctioned a second attorney who represented the victorious plaintiff in a high-profile jury trial over claims that Monsanto's Roundup weedkiller causes cancer, ruling Tuesday that she had joined her already-sanctioned colleague in violating pretrial orders.

  • May 21, 2019

    Corporate Guilt Seen As Unfair Weapon Against Individuals

    A Senate bill that would make executives criminally liable for the deeds of their companies calls attention to an existing conflict on criminal liability in which judges and attorneys alike have raised questions of fairness about prosecutors trying to use corporate settlements at employees' trials.

  • May 21, 2019

    BioTech Firm Wants Redo In $7.5M IP Fight At Fed Circ.

    Biotechnology company Novozymes A/S has told the Federal Circuit it can't be liable for infringing ethanol processing patents because a previous invention clearly anticipated the patented technology, and it asked the full court to reject a $7.5 million jury verdict.

  • May 21, 2019

    Teck Says Justices Need To Reexamine CERCLA Liability

    Teck Resources Ltd. has pleaded with the U.S. Supreme Court to review a decision holding it liable for releasing waste into the Columbia River, saying that Washington state and the Confederated Tribes of the Colville Reservation's efforts to keep the ruling in place aren't supported by the law.

  • May 21, 2019

    EPA Chief Orders Review Of Cost-Benefit Analysis Methods

    U.S. Environmental Protection Agency Administrator Andrew Wheeler has directed the agency’s offices governing water, land and air quality to put together plans to reform the process of evaluating the costs and benefits of new regulations.

  • May 21, 2019

    Pa. Justices Won't Weigh Fracking Wastewater's Toxicity

    The Supreme Court of Pennsylvania will not review a lower court's ruling that the briny wastewater produced by hydraulically fracturing oil and gas wells is not "toxic" or barred from being stored under a Westmoreland County township's zoning laws, the court announced Tuesday.

  • May 21, 2019

    9th Circ. Asks Mont. High Court: Are Dino Fossils Minerals?

    Tens of millions of years ago on a humid, forested coastal plain that's now Montana, a carnivorous dinosaur and a herbivorous one fought each other to the death. Over time, their bodies turned into excellent fossils, and with their recent discovery arose a legal question: Who owns the bones?

  • May 21, 2019

    Clifford Chance Reps Al Gore-Founded Firm On $1B Fund

    Generation Investment Management, the sustainability-focused investment firm co-founded by Al Gore, said Tuesday that a new Clifford Chance LLP-steered fund brought in $1 billion in an effort to support environmental consciousness, health care and financial access initiatives.

  • May 21, 2019

    Neighbors Sue To Stop $1B Ark. Highway Expansion Project

    Arkansas residents and neighborhood associations have sued the Federal Highway Administration and state agencies to block a $1 billion highway project in the Little Rock area, alleging its environmental review was insufficient and that its construction would harm those who lived nearby.

  • May 20, 2019

    Texas Passes Felony Penalties For Pipeline Damage

    The Texas Legislature on Monday passed a bill that would impose felony penalties on those who damage oil and gas pipelines and other so-called critical infrastructure in a move criticized by activists as an attack on free speech.

Expert Analysis

  • Federal Agencies Dig In For Prolonged PFAS Fight

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    The remarkably public fight between the U.S. Department of Defense and the U.S. Environmental Protection Agency and Congress over allowable levels of per- and polyfluoroalkyl substances in groundwater means businesses will likely not see uniform nationwide standards on PFAS anytime soon, say Jeffrey Dintzer and Clynton Namuo at Alston & Bird.

  • Calif. Bills Would See Huge Changes For Single-Use Products

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    Recently introduced legislation in California would require a 75% reduction of the waste generated from single-use packaging and products sold in the state by 2030. These bills are the most far-reaching regulation of consumer products and packaging ever in California — but come with no identified funding mechanism, say attorneys at Arnold & Porter.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Key Takeaways From Roundup Verdicts So Far

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    On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • PG&E Oversight Battle Looms For FERC, Bankruptcy Court

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    Although the Federal Energy Regulatory Commission recently reasserted its concurrent jurisdiction with the bankruptcy court over the disposition of Pacific Gas and Electric’s wholesale power contracts in bankruptcy, it is reasonable to assume that this clash between two governmental entities will ultimately be resolved in the U.S. Supreme Court, say attorneys at Blank Rome.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 4 Ways State AGs Are Targeting Energy Sector

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    State attorneys general are playing an increasingly prominent role in regulating energy and environmental activity within their states. Energy sector participants should note AG priorities and take a proactive approach, say attorneys at WilmerHale.