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Environmental

  • September 21, 2018

    Houston Sued Over Recurring Sewage Overflow Issues

    An environmental group filed suit against the City of Houston on Friday, alleging its sewer system has overflowed thousands of times over the last several years in violation of its Clean Water Act permit, an action that the federal government has moved to block.

  • September 21, 2018

    7th Circ. Panel Mulls Power To Rule On Acid Waste Permits

    Seventh Circuit judges said during oral argument Friday that they would have to “utterly negate” state appellate decisions to provide relief to two Colorado energy companies that want clearance from Illinois to dispose of acid waste in underground injection wells.

  • September 21, 2018

    Barrick Gold Escapes Investor Class Action Over Mine Spill

    A New York federal judge granted Barrick Gold Corp.’s motion to dismiss a class action claiming the company misstated problems that led to a chemical spill at its Veladero mine in Argentina, finding the company’s allegedly misleading public statements were either forward-looking or not inherently false.

  • September 21, 2018

    Medline Agrees On $5M Payment Over Pesticide Claims

    Illinois-based medical supply company Medline Industries Inc. struck an agreement with the U.S. Environmental Protection Agency to pay nearly $5 million over allegations that it distributed isopropyl wipes with claims it would kill germs without registering the product as a pesticide, as it should have been.

  • September 21, 2018

    7th Circ. Got Nuke Subsidy Ruling Wrong, Power Cos. Say

    Independent power producers on Friday said the Seventh Circuit issued a legally flawed decision backing Illinois' program propping up struggling nuclear power plants, but added that they haven't yet decided if they will seek rehearing or will appeal the ruling to the U.S. Supreme Court.

  • September 21, 2018

    Landowner Seeks 10th Circ. Redo Of Okla. Drill Permit Suit

    An Oklahoma landowner has asked the Tenth Circuit to rehear his suit claiming the U.S. Bureau of Indian Affairs let an energy exploration company drill on his land without an environmental review, saying a circuit panel erred in finding that the statute of limitations barred him from filing suit.

  • September 21, 2018

    Pa. Developer Says Defamation Ruling At Odds With Prior Suit

    A developer asked a Pennsylvania appeals court on Thursday to rehear its suit alleging it was defamed by an environmental group as the two competed over the development of a contaminated industrial site, saying the court's finding that the group’s comments were protected speech is inconsistent with prior rulings.

  • September 21, 2018

    Potential Investors Abandon Talks To Buy Navajo Coal Plant

    Two companies that had been in talks with the Navajo Nation and the Hopi Tribe about taking over the ownership and operation of the coal-fired Navajo Generating Station have abandoned that effort, leaving the tribes still in search of a buyer before the plant’s scheduled shutdown next year.

  • September 21, 2018

    Sterigenics Hid Cancer Risk Of Emissions, Ill. Residents Say

    Residents of a Chicago suburb have slapped Sterigenics International Inc. and its private equity owner with a proposed class action in Illinois circuit court that claims the sterilization company has for decades knowingly emitted a highly carcinogenic chemical from a local facility without disclosing the risks.

  • September 21, 2018

    Buyers' Flawed Emissions Tests Doom RICO Suit, Fiat Says

    Fiat Chrysler and engine manufacturer Cummins have pressed their bids to dump an amended proposed class action alleging they outfitted Dodge Ram trucks with emissions-cheating software, saying that consumers conducted unreliable tests that cannot support their Racketeer Influenced and Corrupt Organizations Act claims.

  • September 21, 2018

    Sempra Charts Green Energy Exit With $1.5B Con Ed Deal

    Sempra Energy agreed Thursday to sell a U.S. renewable energy unit to Consolidated Edison Inc. for $1.54 billion, part of an asset divestment plan unveiled in June amid activist investor pressure that will see Sempra exit the U.S. renewable project business.

  • September 20, 2018

    6th Circ. Revives Flint Employee’s Whistleblower Claim

    A Sixth Circuit panel on Thursday cleared the way for a former city administrator for Flint, Michigan, to pursue her whistleblower claims over allegations she was fired for reporting the mayor’s allegedly improper behavior.

  • September 20, 2018

    Judge Won’t Halt Workers’ Fly Ash Exposure Case

    A Tennessee federal judge found that a reasonable jury could link the exposure workers said they faced during the cleanup of a fly ash spill in 2008 with the range of injuries the workers allege are connected, refusing to grant summary judgment to Jacobs Engineering Group Inc.

  • September 20, 2018

    Calif. Tribe Launches Environmental Review For New Casino

    The U.S. Bureau of Indian Affairs and the Tule River Indian Tribe are moving forward with plans to begin a preliminary environmental review process for a proposed 40-acre casino and tribe housing project in California, according to a notice filed Thursday.

  • September 20, 2018

    Energy Storage Must Fully Reap Tax Credit, Sens. Say

    Sens. Michael Bennet, D-Colo., and Tim Scott, R-S.C., on Thursday pressed Secretary of Treasury Steve Mnuchin to confirm that energy storage technologies qualify for the federal investment tax credit when used to retrofit existing solar projects and other technologies receiving the ITC.

  • September 20, 2018

    Mont., Wyo. Defend DOI Order Lifting Coal Leasing Ban

    Wyoming and Montana teamed up Wednesday in Montana federal court to oppose suits challenging an order from the secretary of the U.S. Department of the Interior lifting a moratorium on federal coal leasing, arguing the secretary is validly exercising administrative discretion to implement President Donald Trump’s policy goals.

  • September 20, 2018

    Korean Wind Co. Can't Get Turbine Removal Order Overturned

    A Minnesota federal judge has refused a South Korean wind turbine manufacturer’s bid to alter arbitrators’ order requiring it to pay the cost of dismantling a community wind farm, saying it’s not up to the court to second-guess their decision to undo its contract with an American clean energy company.

  • September 20, 2018

    Eckert Seamans Adds To Philly Mass Tort, Litigation Groups

    Eckert Seamans Cherin & Mellott LLC welcomed to its Philadelphia office this month a pair of new members with experience in mass torts, commercial litigation and bankruptcies.

  • September 20, 2018

    Enviros Fight Revamped Federal Permits For $5B Pipeline

    Environmental groups have launched Fourth Circuit challenges to revised permits issued by U.S. Department of Interior agencies for the $5 billion Atlantic Coast gas pipeline, claiming the new permits suffer from similar flaws as the ones previously invalidated by the appeals court.

  • September 20, 2018

    DOT Says Hazmat Regs Override Calif. Trucker Break Rules

    The U.S. Department of Transportation determined Thursday that federal law preempts California's meal and rest break requirements for all motor vehicle operators transporting hazardous materials, granting a request from a trucking group to harmonize what it viewed as inconsistent regulations.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.