Environmental

  • March 24, 2017

    Seals' 'Threatened' Status Properly Nixed, 9th Circ. Hears

    The state of Alaska, oil and gas industry groups, regional communities and Native corporations urged the Ninth Circuit on Thursday to uphold a federal judge's ruling undoing the U.S. government's decision to list the Arctic ringed seal as "threatened" under the Endangered Species Act.

  • March 24, 2017

    Power Co. Urges High Court To Review EPA Boiler Rule

    An electric power wholesaler on Thursday asked the U.S. Supreme Court to strike down the U.S. Environmental Protection Agency’s emissions rules for boilers and incinerators, saying the standards require “impossible perfect performance” and outlaw accidental releases.

  • March 24, 2017

    NY Law Applies In Chemtura Coverage Fight, Del. Justices Say

    Delaware's high court ruled Thursday that New York law applies to Chemtura Corp.'s entire dispute with Lloyd's of London underwriters over coverage for costs to clean up a pair of contaminated sites, overturning a lower holding that the laws of the states where the underlying claims arose should apply on a claim-by-claim basis.

  • March 24, 2017

    BIA Can Ditch Liability In Flooded Spuds Suit, Judge Says

    An Idaho federal judge gave a quick win to the Bureau of Indian Affairs on Friday in a suit brought by a potato farmer who alleged the agency was liable for $300,000 in flooding damage to his crops caused by the Fort Hall Irrigation Project, saying BIA never assumed a duty to maintain private farm ditches.

  • March 24, 2017

    SunEdison Lenders Fight To Ax Fraudulent Transfer Suit

    Secured SunEdison Inc. lenders fought back Thursday against the solar company's unsecured creditors’ allegations that the lenders benefited from hundreds of millions of dollars in fraudulent transfers used to mask SunEdison's deteriorating finances, calling the claims rooted in dismay over the prospect of getting no return.

  • March 24, 2017

    Enviros Granted New Life In Calif. Asphalt Plant Dispute

    A California appeals court on Thursday reversed the dismissal of one of an environmental group’s suits aimed to prevent asphalt production at an aggregate operation site in Mendocino County, California, saying there is established precedent allowing California Environmental Quality Act claims against air quality management districts such as the one challenged in the suit.

  • March 24, 2017

    Army Corps Says It's On Solid Ground With Dakota Access OKs

    The Army Corps of Engineers urged a D.C. federal judge on Thursday to reject the Cheyenne River Sioux Tribe's challenge to the agency's approvals for the Dakota Access pipeline to be built under a North Dakota lake, saying the agency consulted for years with the tribe and relied on strong evidence to support its decisions.

  • March 24, 2017

    Keystone Challengers Unlikely To Trump Presidential Permit

    President Donald Trump's approval of a cross-border permit for the Keystone XL pipeline will ignite a lengthy legal firestorm over the controversial project, but experts say overturning the presidential permit will be difficult for pipeline opponents and a better chance of success lies in challenging federal environmental permits and state-level actions.

  • March 24, 2017

    Colo. Appeals Court Revives Fracking Rule Proposal

    The Colorado Court of Appeals said Thursday the state Oil and Gas Conservation Commission was too hasty when it told a group of residents it could not adjust its permit process to dedicate more resources to studying fracking projects' effects on public health, safety and welfare.

  • March 24, 2017

    Enviros Want DC Circ. To Stop Atlantic Sunrise Pipeline

    The Sierra Club, along with a coalition of activist groups, on Thursday asked the D.C. Circuit to review an order by the Federal Energy Regulatory Commission that granted a certificate for the Atlantic Sunrise pipeline aimed at delivering natural gas from northern Pennsylvania to markets further south, arguing that it oversold its benefits and held major environmental costs.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    Tesla Investors Sue Elon Musk Over SolarCity Merger

    A pair of Tesla Inc. shareholders Friday filed a putative class action alleging CEO Elon Musk and several other former directors and executives of the electric-car maker made false statements about its $2.6 billion purchase of SolarCity Corp. last year.

  • March 24, 2017

    NYC Group Gets Quick Win In Hudson River Island Park Suit

    A New York judge on Thursday gave a quick win to opponents of an island-like park backed by media mogul Barry Diller in the Hudson River on Manhattan’s West Side, saying the U.S. Army Corps of Engineers was first required to review alternative, more ecofriendly options before handing out a permit for the project.

  • March 24, 2017

    Calif. Advances Methane, Vehicle Emissions Standards

    The California Air Resources Board on Thursday approved several anti-pollution measures including strict new regulations on methane emissions from oil and gas operations, a commitment to increase automobile fuel efficiency, and a plan to reduce short-lived climate pollutants like black carbon.

  • March 24, 2017

    What You Need To Know About The Border Wall So Far

    With the U.S. government officially seeking proposals for the border wall, the Trump administration seems determined to get started on its wall project as soon as possible. Here’s a look at the wall’s potential costs, its contracting requirements and the many land, tribal and environmental issues that could get in the way.

  • March 24, 2017

    Pa. Landowners’ Suit To Get Fracking Project OK’d Tossed

    A Pennsylvania federal judge on Thursday dismissed a suit brought by landowners challenging the Delaware River Basin Commission’s jurisdiction over natural gas wells in the face of the governing body’s alleged de facto ban on the wells, deciding that the commission does have an oversight role and that individuals who want to extract natural gas must first seeks its permission.

  • March 24, 2017

    Trump Grants Cross-Border Permit For Keystone XL Pipeline

    The U.S. Department of State on Friday issued a cross-border permit for TransCanada Corp.'s Keystone XL pipeline, fulfilling President Donald J. Trump's vow to move the controversial project forward after it was rejected by former President Barack Obama.

  • March 23, 2017

    Arnold & Porter Snags Ex-Obama Enviro Official

    Arnold & Porter Kaye Scholer LLP has added to its Washington, D.C., office a top Obama appointee recently departed from the U.S. Environmental Protection Agency.

  • March 23, 2017

    Biodiesel Cos. Say Argentina, Indonesia Undercutting Market

    U.S. biodiesel producers accused Argentina and Indonesia Thursday of violating trade laws through government subsidies and dumping practices that have allegedly fueled a surge in biodiesel imports since 2014 and cut into domestic producers’ market share.

  • March 23, 2017

    High Court Shouldn’t Delay Water Rule Suit, 7 States Say

    New York, six other states and Washington, D.C., have asked the U.S. Supreme Court not to pause an appeal of the Sixth Circuit’s decision that it has jurisdiction to hear challenges to the so-called Waters of the United States rule, arguing that despite President Donald Trump’s executive order to revise or rescind the measure, the case should proceed through the courts.

Expert Analysis

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • How Past And Present Aerial Photography Can Make The Case

    David Ruiz

    Many cases hinge on visual evidence. And aerial photography can play a key role, showing how geographic features or buildings looked in the past or have changed over time. Legal teams should be aware of the aerial photography resources available and the impact technological advances in the field may have on helping prove their case, says David Ruiz of Quantum Spatial Inc.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.