The federal government and the Agua Caliente Band of Cahuilla Indians on Friday urged the U.S. Supreme Court to reject a petition by two California water agencies seeking to overturn a Ninth Circuit ruling extending the tribe’s water rights to groundwater in the Coachella Valley.
Orange County has to revise its environmental impact report on a proposed 340-home residential project next to a state park, a California appeals court said in an opinion filed Friday, granting an environmental group’s bid to halt the project after finding the report failed to adequately identify the development’s potential impacts on the surrounding area.
A divided, three-member Federal Energy Regulatory Commission on Friday approved the construction of the $5 billion Atlantic Coast pipeline and the $3.5 billion Mountain Valley pipeline.
Invenergy LLC has queued up an approximately $700 million investment treaty claim against Poland after the country allegedly orchestrated the unlawful termination of long-term wind farm contracts between the American energy company and several state-owned utilities, according to a Monday notice.
A California federal judge Monday threw out all of Resolute Forest Products’ defamation and racketeering claims against Greenpeace International and its anti-logging campaign, saying that the company fell far short of showing the group purposely made false statements that went beyond the protection of the First Amendment.
A California federal judge has agreed to toss a lawsuit from two ex-California wastewater treatment facility executives against Ventura County over allegedly illegal strip searches and retaliatory raids relating to a 2014 explosion.
A defunct Newark water agency seeking email correspondence by its former counsel blasted what it called the firm’s attempt to shield the files, telling a New Jersey bankruptcy judge Friday that it doesn’t buy Trenk DiPasquale Della Fera & Sodono PC’s explanation that employees’ digital communications are deleted within a month of their termination.
The U.S. Environmental Protection Agency on Monday announced new measures intended to prevent lawsuit settlements that Administrator Scott Pruitt said often circumvent transparency standards.
A federal judge on Friday tossed the rest of a group of northern New Mexico ranchers' suit against the federal government over grazing permit reductions, saying the government didn’t violate the National Environmental Policy Act when it didn’t properly analyze the “social, economic and environmental” impacts of the decision.
The New York Department of Environmental Conservation on Friday told the Federal Energy Regulatory Commission that it should revisit its decision that quashed the state’s denial of a Clean Water Act permit for a Millennium Pipeline Co. LLC natural gas pipeline, arguing that the federal agency misinterpreted the department’s deadline.
A Delaware bankruptcy judge on Friday allowed solar panel maker Suniva Inc. to take on roughly $3 million in additional post-petition financing the debtor said was needed to keep up its unusual restructuring efforts that hinge on prosecuting an import relief case before the U.S. International Trade Commission.
Seven states and several other groups on Thursday urged the D.C. Circuit to reject a truck trailer manufacturers’ association's bid to delay implementation of a federal rule aimed at reducing greenhouse gas emissions from heavy-duty truck trailers, saying that the trailer makers won’t suffer irreparable harm.
The U.S. Environmental Protection Agency reached an agreement on Friday with major agricultural and chemical manufacturers, including Monsanto and DuPont, to reduce damage caused by a weed killer that can drift and hurt nearby crops, deciding that new requirements were appropriate.
A New York bankruptcy judge on Friday found that a supply and license agreement between SunEdison Inc. and a Korean company it helped create to manufacture solar materials is governed by New York law and was properly terminated, allowing SunEdison to sell the patent rights to the production process.
U.S. Secretary of the Interior Ryan Zinke released a plan Friday to combat the “widespread and pervasive” culture of harassment and bias at the National Park Service, with the agency also releasing statistics that show nearly four in 10 NPS employees have experienced some form of workplace harassment or discrimination in the past year.
The federal government announced Friday it has reached a deal requiring various parties to execute a $51.5 million plan to clean up a Baltimore County, Maryland, Superfund site where a landfills had operated between the 1950s and 1970s.
President Donald Trump said late Thursday that he would nominate former Texas Commission on Environmental Quality Chair Kathleen Hartnett White, a prominent skeptic of man-made climate change, to serve on the White House's Council on Environmental Quality and designate her as the council's chair.
Wyoming has asked a Montana federal court to let it defend the U.S. government’s decision to take away Endangered Species Act protections for the Yellowstone-area grizzly population in opposition to two suits brought by environmental groups and other activists that are challenging the delisting decision.
Vistra Energy said Friday that its Texas-based Luminant subsidiary would close two coal-fired plants in early 2018 due to deteriorating finances, making it three Lone Star State coal plants in the last week the company has tabbed for closure next year.
A skeptical D.C. Circuit panel Friday suggested the U.S. Fish and Wildlife Service bypassed its required rulemaking process when it banned imports of sport-hunted African elephant trophies from Zimbabwe.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.
Private parties who plan to jump into a real property transaction with a public agency should be aware that their deal could be impacted or held up by the California Environmental Quality Act unless they are fully informed of the recent legal developments pertaining to CEQA compliance and real property, says Stephanie Smith of Grid Legal.
Manufacturing facilities that produced and used perfluorinated chemicals are already targets of plaintiffs attorneys. Now, current and former military aviation installations may be next, as these military sites could be subject to Clean Water Act litigation risk concerning PFCs used in firefighting foam, say Seth Kerschner of White & Case LLP and Zachary Griefen of the Conservation Law Foundation.
If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.