Environmental

  • November 22, 2017

    11 AGs Say National Park Fee Hikes Flout Federal Law

    Doubling entry fees at the country’s most popular national parks would make them “places only for the wealthy,” 11 state attorneys general warned the Trump administration in a letter Wednesday, saying a proposal to fund overdue maintenance would flout the Federal Lands Recreation Enhancement Act and deepen racial and economic divides.

  • November 22, 2017

    Calif. Court Reverses Decision To Allow Crude Oil Shipments

    A California state appellate court on Tuesday struck down a controversial decision to allow the construction of a new rail facility that would have allowed greater shipments of potentially explosive oil to be delivered to a shuttered oil refinery in Bakersfield, finding an environmental impact study erroneously downplayed the risk of disaster.

  • November 22, 2017

    Conn. Seeks Quick Win In Plant-Pollution Suit Against EPA

    Connecticut and two environmental groups have moved for quick wins in a suit alleging the U.S. Environmental Protection Agency didn’t timely act on the state’s petition asking the agency to stop pollution from a Pennsylvania coal-fired power plant from blowing in the state’s direction.

  • November 22, 2017

    Exxon Climate Suit Not A Copy Of NY Probe, Investors Say

    Investors accusing Exxon Mobil Corp. of concealing its climate change knowledge said Tuesday that the company is glossing over clearly false and misleading statements it made over its climate change costs when it argued that their proposed class action parrots a politically motivated and "baseless" investigation pursued by New York Attorney General Eric Schneiderman.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    4 Tips For Young Enviro Attorneys

    Students and early-career attorneys looking to carve out a career in environmental law face a competitive marketplace and a legal landscape that’s in flux thanks to the Trump administration’s commitment to rolling back regulations, but experts say there are several ways for up-and-coming environmental lawyers to gain traction in the field.

  • November 22, 2017

    Trump's Energy Plans Still Hamstrung By EPA, DOI Vacancies

    President Donald Trump has made rolling back energy and environmental regulations to boost energy development a priority. But 10 months into his presidency, there are still plenty of vacancies in politically appointed positions at agencies responsible for carrying out the deregulatory push.

  • November 21, 2017

    FERC Says Enviros Can't Redo $2.2B Pipeline Fight

    The Federal Energy Regulatory Commission and developers of the $2.2 billion Nexus pipeline on Tuesday told the D.C. Circuit that the Sierra Club shouldn't get another chance at blocking the project's construction after discovering that a landowner who sided with the group in the suit had sold his property to the developers without the group's knowledge.

  • November 21, 2017

    Tribe Entitled To Water Quantity, Not Quality, Agency Says

    A California water agency on Monday pushed back against efforts by the Agua Caliente Band of Cahuilla Indians to land a quick win in the tribe’s suit over the quantity and quality of groundwater the tribe is entitled to on its reservation, telling a California federal court that while the tribe has rights under state law, it lacks a federal reserved right to water quality standards.

  • November 21, 2017

    6D Global Settles Suit Over PE CEO's Stock Scheming

    Digital marketing company 6D Global Technologies Inc. will implement new training programs to settle claims that it failed to stop a private equity firm's CEO from manipulating its share price, the company and shareholders have told a New York federal judge.

  • November 21, 2017

    Lead Counsel Appointed In Hurricane Harvey Flood Suits

    A federal judge in a flurry of orders Monday appointed four groups of lead counsel to steer claims brought by the thousands of homeowners alleging the government is responsible for flooding in the wake of Hurricane Harvey, also spelling out a framework for the litigation going forward.

  • November 21, 2017

    NJ Panel Affirms Use Of Eminent Domain For Landfill

    A New Jersey appellate court ruled Monday that the state’s Sports and Exposition Authority had the right to use eminent domain to acquire a landfill in Kearny to continue solid waste disposal there, rejecting the municipality's arguments that the agency acted improperly.

  • November 21, 2017

    Cut In $23M Award Mooted Bid To Vacate, Builder Says

    The International Chamber of Commerce's $5 million reduction of an arbitration award has made a Spanish construction firm's petition to vacate the award moot, the Italian subcontractor who was granted the award for breach of contract on a Guatemala hydroelectric project told a Florida federal court Friday.

  • November 21, 2017

    NOAA Shutters Fishing Group Once Run By 'The Codfather'

    The National Oceanic and Atmospheric Administration has shut down Northeast Fishery Sector IX, a fishing group formerly run by a New England industry giant known as "the Codfather," an NOAA regional administrator told the group's president in a letter Monday.

  • November 21, 2017

    Dakota Access Refutes Tribes' Claims In Pipeline Row

    Dakota Access LLC on Monday shot back at claims from two Native American tribes who are challenging the company’s crude oil pipeline that they were given redacted copies of response plans, saying it wanted to set the record straight on factual claims made by the tribe.

  • November 21, 2017

    EPA Tells DC Circ. Regional Consistency Rule Is Sound

    The U.S. Environmental Protection Agency on Monday defended its rule restricting the effects of a federal appeals court’s decision on a nationally applicable regulation to within that court’s jurisdiction, telling the D.C. Circuit that it represented a reasonable interpretation of the agency's Clean Air Act authority.

  • November 20, 2017

    Chicago To Sue US Steel Over Lake Michigan Chemical Spills

    The city of Chicago on Monday issued a notice of intent to sue Pittsburgh-based U.S. Steel, which Chicago alleges polluted Lake Michigan from 27 miles across the state line at the company’s Portage, Indiana, steel plant.

  • November 20, 2017

    DC Circ. Gives Grammar Lesson In EPA Coal Ash Rule Dispute

    The fate of the U.S. Environmental Protection Agency’s coal ash disposal rule, under challenge at the D.C. Circuit from different ends by industry and environmentalists, rested in part Monday on the grammar rules of the present tense and how much authority Congress gave the EPA over dormant landfills.

  • November 20, 2017

    Accused Ponzi Conspirator Can't Trim Charges, Judge Rules

    A Pennsylvania judge on Friday ruled that a man accused of helping run a $54 million Ponzi scheme must face charges of wire fraud and conspiracy to commit wire fraud, finding that a longer statute of limitations applies to the charges because the government sufficiently alleged his conduct affected a financial institution.

  • November 20, 2017

    BLM Tells 10th Circ. No Need To Revisit Frack Rule Decision

    The Bureau of Land Management on Monday urged the Tenth Circuit not to grant four states’ request that it revisit its rejection of their challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands.

Expert Analysis

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • The Battle Over 3rd-Party Releases Continues

    Matthew Kelsey

    Bankruptcy courts have taken divergent approaches to analyzing whether they have jurisdiction to approve nonconsensual third-party nondebtor releases. While the New York bankruptcy court's recent decision in SunEdison provides another data point for the debate, it leaves some questions unanswered, say attorneys with Gibson Dunn & Crutcher LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.