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Environmental

  • June 21, 2018

    4th Circ. Stays Corps' $3.5B Gas Pipeline Permit

    The Fourth Circuit on Thursday stayed a U.S. Army Corps of Engineers permit for the $3.5 billion Mountain Valley gas pipeline pending a petition for review following environmentalists’ argument that the developers have admitted they cannot satisfy the permit's conditions,

  • June 21, 2018

    DOE Revamp, Grid Privatization Eyed In Trump Reorg Plan

    The federal government overhaul plan floated by the Trump administration Thursday proposes putting all of the U.S. Department of Energy's research and development programs under one roof and takes another swing at selling off federally owned transmission assets, a move that is likely dead on arrival in Congress.

  • June 21, 2018

    Tribe Hits Feds With Suit Over Drilling Permit Decision

    The Mandan, Hidatsa and Arikara Nation has hit the U.S. Department of the Interior with a lawsuit challenging a decision from the agency's Office of Hearing and Appeals that the tribe said approved bids to drill near a lake within the boundaries of the nation's Fort Berthold Indian Reservation.

  • June 21, 2018

    Real Estate Rumors: Florida Power, EQ Office, Scott McNealy

    Florida Power has reportedly dropped $10 million on 400 acres of land in the state, Blackstone subsidiary EQ Office is reportedly looking to get $300 million for a New York office tower, and former Sun Microsystems CEO Scott McNealy is reportedly seeking $96.8 million for his Palo Alto, California, mansion.

  • June 21, 2018

    EPA Says No Need For CWA Hazardous Spill Regulations

    The U.S. Environmental Protection Agency said Thursday that it does not intend to propose Clean Water Act regulations meant to prevent spills of hazardous substances because doing so is unnecessary and would duplicate already existing requirements, drawing fire from environmental groups.

  • June 21, 2018

    Feds Sued For Reinstating Expired Mining Leases In Minn.

    The U.S. Department of the Interior and its Bureau of Land Management were hit with a lawsuit on Thursday challenging the reinstatement of two expired mining leases in the Superior National Forest near a popular Minnesota wilderness area.

  • June 21, 2018

    GM Presses Bid To Shave Claims In Drivers' Emissions Suit

    General Motors filed a brief Wednesday furthering an attempt to fend off allegations it used emissions-cheating devices in its diesel pickup trucks, telling a Michigan federal judge that a group of drivers behind the suit can’t save a collection of state law claims plagued by fatal shortcomings.

  • June 21, 2018

    Trump’s Overhaul Plan Targets Animal, Superfund Programs

    The White House on Thursday floated a sweeping government restructuring proposal that would consolidate several environmental programs that are now divided among different agencies, including those dealing with animal protection and environmental cleanup.

  • June 21, 2018

    Groups Urge Judge Not To Toss EPA Adviser Policy Challenge

    A coalition of scientific advocacy groups on Wednesday urged a D.C. federal judge not to toss their lawsuit challenging the U.S. Environmental Protection Agency’s policy barring members of its scientific advisory committees from receiving EPA grants while serving in the role.

  • June 21, 2018

    First Nations To Be Involved In BC Fish Farm Tenure Process

    Negotiating with First Nations will be required by 2022 for fish farms on the Canadian west coast before they will be able to get a fishing tenure from British Columbia, the province recently said.

  • June 21, 2018

    FERC Says 4th Circ. $3.5B Pipeline Fight In Wrong Venue

    The Federal Energy Regulatory Commission asked the Fourth Circuit to throw out a challenge to its decision to allow construction on the $3.5 billion Mountain Valley Pipeline, saying now that authorization for the pipeline is finalized, all appeals belong before the D.C. Circuit.

  • June 21, 2018

    L Train Project Opponents Want Enviro Review Docs

    A coalition of Manhattan residents and co-ops suing over a plan to shut down the L train and repair a related tunnel told a New York federal judge Wednesday that the Federal Transportation Administration and the Metropolitan Transportation Authority must hand over information concerning environmental clearances that were withdrawn after the lawsuit began.

  • June 21, 2018

    Biggest Native American Rulings Of 2018: Midyear Report

    The U.S. Supreme Court handed major wins to tribes this year in cases centering on treaty rights and tribal sovereign immunity to lawsuits, but tribes have also found themselves on the wrong end of rulings that undercut tribal immunity in patent reviews and affirmed National Labor Relations Board jurisdiction over tribal casinos. Here, Law360 looks back at some of the headline-grabbing decisions in Native American law from the first half of 2018.

  • June 20, 2018

    EPA Need Not Step In On W.Va. Pollution Limits: 4th Circ.

    In a loss for environmental groups, the Fourth Circuit held Wednesday that the U.S. Environmental Protection Agency does not yet need to get involved in West Virginia’s obligation to set certain pollution limits for hundreds of bodies of water in the state.

  • June 20, 2018

    EPA Tells Lockheed, Honeywell To Do $21M In Superfund Work

    The U.S. Environmental Protection Agency said Wednesday it had finalized a set of orders requiring Lockheed Martin Corp. and Honeywell International Inc. to do about $21 million in work largely to improve groundwater treatment at a Superfund site located in the North Hollywood, California, area.

  • June 20, 2018

    The Biggest Energy Rulings Of 2018: Midyear Report

    The first half of 2018 saw courts take a broad view of energy companies' potential liability, whether the matter hinged on climate change, groundwater pollution or even a business partner's bankruptcy. Here are five court decisions that raised energy attorneys' eyebrows.

  • June 20, 2018

    HHS Unveils Controversial Drinking Water Contaminant Study

    The U.S. Department of Health and Human Services released an eagerly anticipated study Wednesday that said there should be a much stricter standard for human exposure to two drinking water contaminants than what the U.S. Environmental Protection Agency established.

  • June 20, 2018

    Atty Picked For EPA Office Will Recuse From Dow Cleanups

    The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.

  • June 20, 2018

    Bondholders Defend Amended VW Emissions Fraud Suit

    Bondholders told a California federal judge Tuesday that they’ve sufficiently alleged in their proposed class action that they were defrauded by Volkswagen AG, its U.S. unit and top executives who issued misleading bond offering documents that concealed the German automaker’s 2015 diesel emissions scandal.

  • June 20, 2018

    New York Sues 3M, Other Manufacturers Over Toxic Foam

    The state of New York sued 3M Co., Tyco Fire Products LP and four other manufacturers Tuesday for the almost $39 million that the government has spent to protect residents from toxic firefighting foams made by the companies.

Expert Analysis

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Growing Opportunities In NY’s Energy Storage Industry

    Danielle Mettler-LaFeir

    To meet the ambitious energy and environmental goals of New York’s Reforming the Energy Vision program, the state is putting in place policies to increase the use of energy storage — sending out a strong signal to the growing energy storage industry to invest in New York, says Danielle Mettler-LaFeir of Barclay Damon LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their weeklong July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security, and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • Wash. Tribes' High Court Win Raises Treaty Rights Concerns

    Lee Redeye

    Last week, the U.S. Supreme Court affirmed a major win for Washington tribes in Washington v. United States. However, the nature of the Supreme Court's affirmation — a 4-4 split without a written decision — means that its precedential value is questionable, says Lee Redeye of Lippes Mathias Wexler Friedman LLP.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • 5 Takeaways From Tax Court's Solar Project Ruling

    David Burton

    In the matter of Golan v. Commissioner of Internal Revenue, the U.S. Tax Court sustained the taxpayer's energy credit and bonus depreciation deductions. In this unusual case where the IRS had the burden of proof, attorneys from Mayer Brown LLP discuss five interesting takeaways.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.