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Environmental

  • November 16, 2018

    Texas Justices Will Hear Pollution Control Tax Break Fight

    The Texas Supreme Court said Friday it would hear a case on whether an electric cooperative that operates heat recovery steam generators in power plants can qualify for a property tax exemption for pollution control, after an appeals court affirmed a state agency’s denial of the credit.

  • November 16, 2018

    EPA Board Rebuffs Review For Gas Plants On Native Land

    The U.S. Environmental Protection Agency’s Environmental Appeals Board on Thursday rejected an environmental group’s challenge to agency permits for gas compression facilities on a tribal reservation in Utah, saying the agency was not required to conduct an air quality review before issuing the permits.

  • November 16, 2018

    Enviros, Tribes Fight To Save Trump Monument Suits

    Environmental groups and Native American tribes fought back against the federal government’s bid to dodge their lawsuits challenging President Donald Trump’s decision to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • November 16, 2018

    House Passes Bill Removing Gray Wolf ESA Protections

    The House of Representatives passed a bill Friday that would remove Endangered Species Act protections for the gray wolf in Wyoming and the Western Great Lakes region and require a federal rule to remove protections for the species nationwide.

  • November 16, 2018

    EPA's Renewable Fuels Policy Leads To Court Morass

    Few federal energy and environmental policies are as fiercely fought over in court as the U.S. Environmental Protection Agency's Renewable Fuel Standard program, which requires an increasing amount of renewable fuels to be blended into the U.S. transportation fuel supply. Here's a look at where major RFS-related litigation stands and an update on whether a congressional solution to the legal standoff is in the cards.

  • November 16, 2018

    Trump Says Acting EPA Chief Should Take Reins Officially

    President Donald Trump said Friday that he intends to nominate U.S. Environmental Protection Agency acting Administrator Andrew Wheeler to stay in the job for the long haul.

  • November 15, 2018

    Calif. Judge Moves Up Roundup Trial Due To Health Concerns

    A California judge on Thursday granted a couple's request to expedite the trial schedule for their lawsuit alleging Monsanto's Roundup and Ranger Pro herbicides gave them cancer, saying their health could impact their ability to pursue their claims and setting the trial for March 18.

  • November 15, 2018

    Goodwin Taps Ex-Gunderson Pro With Capital Markets Chops

    Global law firm Goodwin Procter LLP said it has hired a former Gunderson Dettmer capital markets attorney with extensive experience in the life sciences, telecommunications and technology industries to strengthen Goodwin’s technology companies, life sciences and capital markets practices.

  • November 15, 2018

    Enviros Can't Use CWA In Fight Over Ill. Plant's Coal Ash

    An Illinois federal judge has rejected an environmental group’s attempt to use the Clean Water Act to go after a coal-fired power plant owner that the group claims has let pollutants in its coal ash contaminate a nearby river.

  • November 15, 2018

    Crabbers Snap At Energy Cos. With Calif. Climate Tort

    A coalition of fishermen’s groups Wednesday sued Chevron Corp., Exxon Mobil Corp. and other energy companies, blaming them for contributing to ocean damage caused by climate change, which they say has forced the closure of lucrative crab fisheries off the coasts of California and Oregon.

  • November 15, 2018

    Pork Co. Seeks New Trial After $94M Nuisance Suit Judgment

    Smithfield Foods Inc.'s subsidiary Murphy-Brown LLC asked a North Carolina federal court Wednesday for a new trial after a $94 million judgment was handed down in a case over feces and urine at its hog farms, arguing the jury trial included several significant errors that called its result into question.

  • November 15, 2018

    Suniva Says Deal Reached Over Creditor Dispute In Del. Ch. 11

    Bankrupt solar cell maker Suniva Inc. said a deal was reached late Wednesday with prepetition lenders it has been engaged in disputes with over production equipment at the debtor's Georgia facility that should clear the way for more post-petition financing and the company's Chapter 11 plan to move forward in Delaware.

  • November 15, 2018

    Danish Energy Co. Wins €11M Following Dispute With Spain

    Danish renewable energy firm Athena Investments A/S said Wednesday that an international tribunal has awarded it €11 million ($12.47 million) in a dispute with Spain over the revocation of certain renewable energy subsidies, marking another loss for the country in a slew of similar cases.

  • November 15, 2018

    FERC Nominee Ducks Recusal Calls Over Trump Coal Bailout

    Federal Energy Regulatory Commission nominee Bernard McNamee on Thursday resisted U.S. senators' calls to recuse himself from future electricity grid resiliency issues faced by the regulator, even though he helped craft a Trump administration plan to prop up coal and nuclear power plants that FERC rejected.

  • November 15, 2018

    EU Court Says UK Energy Subsidy Award Unlawful

    The United Kingdom should not have been awarded state aid from the European Union to subsidize backup power to support its grid during the winter, an EU court ruled Thursday, finding the union's antitrust arm failed to investigate whether green energy companies were being shut out.

  • November 15, 2018

    Texas Builder Loses Bid To Ax Injunction In Water Code Row

    An order barring the developer of a 770-acre planned community north of San Antonio from adding more “impervious cover” to the property was upheld Thursday by a Texas appellate court, which agreed that landowners downstream had shown increased stormwater runoff would harm them.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Trump EPA's Air Policy Tweaks Relax Permit Program

    The U.S. Environmental Protection Agency's latest change to a Clean Air Act permitting program will provide clarity to facilities looking to expand their operations and make it easier to avoid more stringent pollution controls, continuing the Trump administration's efforts to make industry-friendly changes to the program.

  • November 14, 2018

    Navajo Landowners Ask 10th Circ. To Allow Oil, Gas Drilling

    A Navajo Nation landowners group has urged the Tenth Circuit to rule against environmental groups and another Navajo tribal group seeking to block the Bureau of Land Management from allowing further oil and gas drilling in New Mexico’s Mancos Shale, saying it’s essential to the local economy.

  • November 14, 2018

    EPA Eases Hazmat Rules For Discarded Takata Air Bag Parts

    The U.S. Environmental Protection Agency said Wednesday that it will ease hazardous waste regulations for auto dealerships, repair facilities and scrap yards disposing of potentially deadly Takata air bag inflators at the center of a sweeping 2015 national recall.

Expert Analysis

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • 5th Circ. Takes A Broad View Of Vessel 'Operators'

    Andrew Stakelum

    In its recent ruling in United States v. Nature’s Way Marine, the Fifth Circuit may have expanded the class of marine parties potentially liable under the Oil Pollution Act, says Andrew Stakelum of King & Spalding LLP.

  • Speedier Enviro Reviews For Transpo Projects May Be Ahead

    Samina Bharmal

    The U.S. Department of Transportation recently issued a rule that could create a faster, less duplicative environmental review process for transportation infrastructure projects. Samina Bharmal and Peter Whitfield of Sidley Austin LLP provide insight into its key features.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.