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Environmental

  • December 7, 2018

    Nexus Can Access Land For Pipeline Work, 6th Circ. Says

    A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.

  • December 7, 2018

    VW Tells 9th Circ. Counties' Emissions Claims Preempted

    Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.

  • December 7, 2018

    German Power Giant To Allow More Danish Energy After Probe

    The largest high-voltage electricity transmitter in Germany will let in more energy from Denmark suppliers to end a European Commission investigation that it choked the supply of cheap Nordic electricity in favor of German-produced power, regulators said Friday.

  • December 7, 2018

    Corps, Dakota Access Say Tribes Didn't Obey Order

    The U.S. Army Corps of Engineers and Dakota Access LLC said that several Native American tribes had failed to follow a D.C. federal judge’s order to spell out what claims they plan to continue with in their challenge to the Dakota Access pipeline, as the tribes contended that the record in the case should be fleshed out first.

  • December 7, 2018

    Pipeline Contractor Says EQT Skipped Bill On Spill Cleanup

    A pipeline construction contractor filed a lawsuit in Pennsylvania state court Thursday claiming that EQT Gathering LLC is refusing to pay a nearly $2 million bill for cleaning up another company’s spill on its construction site.

  • December 7, 2018

    Vt. Lets Entergy Transfer Nuke Plant To Demolition Firm

    Vermont utility regulators on Thursday approved a plan for Entergy Corp. to transfer a shuttered nuclear plant to a large-scale demolition firm with the goal of speeding up the decommissioning process, despite environmentalists' concerns that the company may not be up to the job.

  • December 7, 2018

    Ohio Mineral Owners Say Oil & Gas Drillers Dug Too Deep

    A group of mineral owners has filed a proposed class action in Ohio federal court that alleges an ExxonMobil unit and other companies drilled in an area they had no permission to access.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Tribes Can't Stop FCC's Next-Gen Towers, DC Circ. Told

    The Federal Communications Commission has urged the D.C. Circuit to toss out a petition for review by tribes and environmentalists regarding the commission’s plan to accelerate the building of 5G infrastructure, saying the deployment of small-cell fixtures is not a major federal action.

  • December 6, 2018

    EPA's Coal Gift Hints At Broader Climate Policy Challenge

    The U.S. Environmental Protection Agency's Thursday rollback of Obama-era coal plant carbon dioxide emission regulations is intended to help revive the struggling industry and contains a hint that the administration is considering how to challenge or circumvent an earlier finding that CO2 endangers human health, experts said.

  • December 6, 2018

    Co. Seeks To Dump Jury Verdict In Coal Ash Liability Case

    Jacobs Engineering Group Inc. on Wednesday urged a Tennessee federal judge to vacate a jury’s finding that the company breached its contractual requirement to protect workers on a coal ash spill clean up, arguing no reasonable jury could have found it was acting outside the bounds of the contract. 

  • December 6, 2018

    Target Inks $7.4M Deal Over Calif. Waste Disposal Claims

    Target Corp. has agreed to shell out $7.4 million to resolve claims that the retail giant violated California state law by improperly dumping hazardous waste, some of which allegedly included customers' confidential medical information, piling on to an earlier $22.5 million deal over similar claims in 2011.

  • December 6, 2018

    Enviros Blast BLM Revamp To Sage-Grouse Plan

    The U.S. Bureau of Land Management on Thursday unveiled revisions of an Obama-era plan to protect greater sage-grouse and their habitat that environmental groups immediately denounced as a giveaway to oil and gas developers and other industries that threatens the bird's future.

  • December 6, 2018

    Enviros Sue To Block Minneapolis Rezoning Plan

    A coalition of environmental groups have filed a suit against the city of Minneapolis in Minnesota state court looking to block a proposed rezoning plan they say has not undergone a proper review and would cause severe environmental damage.

  • December 6, 2018

    Oakland Is Interfering With Shipping Terminal, Developer Says

    An Oakland cargo shipping terminal developer has taken its fight over proposed coal operations at the facility to state court, accusing the city of spending the last few years working to obstruct the project, despite previously giving its blessing.

  • December 6, 2018

    Young Climate Fight Warriors Want Pretrial Process To Move

    The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.

  • December 6, 2018

    Pa. Justices Won't Hear Sunoco Pipeline Land-Grab Appeal

    The Supreme Court of Pennsylvania refused to hear an environmental group’s allegations that a Sunoco Inc. unit abused its eminent domain power assembling land for the controversial Mariner East 2 natural gas pipeline, according to an order made public Thursday.

  • December 6, 2018

    11th Circ. Says Williams Partners Unit Can Quickly Take Land

    The Eleventh Circuit on Thursday upheld a Williams Partners LP unit’s move to quickly access landowners’ property and build a pipeline, aligning itself with other circuits by agreeing that pipeline companies can be given immediate access to property after the Federal Energy Regulatory Commission greenlights the project.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    EU Approves Class Action Rules Amid Calls For Safeguards

    European Union lawmakers on Thursday approved rules that will allow groups of individuals to seek compensation through bringing collective actions against Europe's businesses, brushing off industry concerns that this will result in false litigation cases.

Expert Analysis

  • A Comparison Of This Year's Carbon Tax Proposals: Part 2

    Noah Kaufman

    In the second installment of this two-part series about four carbon pricing policy plans that garnered attention in 2018, Noah Kaufman of Columbia University's Center for Global Energy Policy discusses the potential impacts each would have on emissions, energy markets and the economy.

  • A Comparison Of This Year's Carbon Tax Proposals: Part 1

    Noah Kaufman

    Four carbon pricing policy plans garnered attention in 2018, including the first bipartisan federal carbon tax proposal in eight years. In the first installment of this two-part series assessing the potential impacts on emissions, energy markets and the economy, Noah Kaufman of Columbia University's Center for Global Energy Policy looks at the similarities and differences.

  • A Closer Look At New Calif. Pension Fund Climate Law

    Kristie Blase

    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 2

    Carolina Mederos

    The chances that major transportation and infrastructure legislation may be passed have increased with the election of a House Democratic majority, and efforts to streamline permitting and regulation by federal agencies may further advance the prospects of significant infrastructure development, say attorneys with Squire Patton Boggs LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

    Steve Moskowitz

    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 1

    Carolina Mederos

    With President Donald Trump and Democratic congressional leaders agreeing that transportation and infrastructure are high priorities, the next Congress is likely to consider a large-scale, broad infrastructure package. But the question of how to pay for it remains, say attorneys with Squire Patton Boggs LLP.

  • Climate Change Forecasts Trouble For The Insurance Industry

    Jeffrey Gordon

    The greater frequency and severity of weather-related catastrophes in areas with increasing property values present significant challenges for the insurance industry, especially in cities like Boston that are particularly susceptible to rising sea levels, says Jeffrey Gordon of Zelle LLP.

  • Congressional Forecast: December

    Layth Elhassani

    During its current lame duck session, Congress must compromise on government funding legislation or face a shutdown. It may also endeavor to move additional legislation and continue to confirm Trump administration nominees before the close of the 115th Congress later this month, says Layth Elhassani of Covington & Burling LLP.

  • Will High Court Resurrect The Nondelegation Doctrine?

    William Araiza

    Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.