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Environmental

  • January 18, 2019

    Orrick Adds Ex-Norton Rose Energy Tax Expert In NY

    Orrick Herrington & Sutcliffe LLP has announced that a former tax partner at Norton Rose Fulbright with a focus on renewable energy joined the firm in its New York office.

  • January 18, 2019

    6th Circ. Won't Rethink Decision On CWA's Reach

    A split Sixth Circuit has said it will not review a panel’s decision concluding the Clean Water Act does not regulate pollutants that travel from a source to navigable waters through groundwater.

  • January 18, 2019

    Wis. Tribe Appeals To 7th Circ. Over Mich. Mine Ruling

    The Menominee Indian Tribe of Wisconsin has filed a Seventh Circuit appeal of a lower court ruling that dismissed its suit over a Michigan state permit for a proposed zinc and gold mine, saying the federal government has abandoned its obligation to exercise jurisdiction over the Clean Water Act.

  • January 18, 2019

    Enviro Co. Owes Ex-Officers Legal Fees, Chancery Hears

    Two former officers of industrial and environmental cleanup services company USES Corp. filed suit Friday in Delaware Chancery Court seeking to have the company pay legal fees they incurred in connection with a New York lawsuit over the 2014 purchase of the company.

  • January 18, 2019

    BLM Had No Right To Key For Tribal-Linked Wells: 10th Circ.

    The Tenth Circuit sided with a well operator and a pair of landowners in a dispute over oil and gas lease sites on land linked to an Indian tribe, saying the Bureau of Land Management lacked authority to demand a key to the locks on the sites' gates.

  • January 18, 2019

    Wash. Tells Navy To Address Pollution Or Face Lawsuit

    Washington will step into a lawsuit over the U.S. Navy's process for cleaning decommissioned ships unless it quickly agrees to clean up related waste, the state attorney general announced Thursday, accusing the Navy of releasing "50 dump truck loads" of pollutants into Puget Sound from one ship cleaning alone.

  • January 18, 2019

    Crunch Time For Wind Developers As Tax Credit Lapse Looms

    Time is growing tight for wind developers to grab the remaining slice of the federal renewable energy production tax credit before it phases out at year’s end and to complete existing projects in time to reap the full benefit of the credit, experts say.

  • January 18, 2019

    Judge Hits Pause Button On Atlantic Seismic Testing Permits

    A South Carolina federal judge on Friday barred the federal government from issuing permits that allow oil and gas companies to injure or otherwise disrupt whales and other marine mammals during seismic testing off the Atlantic coast until Congress restores funding to federal agencies.

  • January 18, 2019

    9th Circ. Upholds Calif. Low Carbon Fuel Standard

    A Ninth Circuit panel on Friday rejected a bid by a group of trade and energy organizations to sink California's low carbon fuel standard, saying their claims weren't different enough from those in prior challenges — which also failed — to warrant a different outcome.

  • January 18, 2019

    DOD Says Most Key Bases Vulnerable To Climate Change

    The majority of critical U.S. military bases face risks due to climate change over the next two decades, with some already feeling the effects, according to a U.S. Department of Defense report made public Friday.

  • January 18, 2019

    Gibson Dunn Snags Jones Day Energy Transactions Attorney

    Gibson Dunn & Crutcher LLP has added a former Jones Day attorney with experience in renewable, fossil fuel and other energy-related transactions as a partner in the firm's Denver office.

  • January 18, 2019

    Colo. Gov. Orders Move To Electric Vehicles Statewide

    Colorado Gov. Jared Polis signed an executive order Thursday that outlines the steps the state must take to achieve 100 percent renewable electricity by 2040, a plan that would direct some of the $70 million settlement from Volkswagen's federal emissions case toward the promotion of electric vehicles.

  • January 18, 2019

    PG&E Equipment Caused Calif. Wildfires, Judge Finds

    A California federal judge has tentatively found that Pacific Gas & Electric Co.'s equipment's vulnerability to falling tree limbs has been "the single most recurring cause" of the 2017 and 2018 California wildfires to which the company has been linked.

  • January 17, 2019

    4 German Audi Execs Indicted Over VW Emissions Cheat

    Four high-level German Audi AG workers were indicted in Michigan federal court Thursday for allegedly violating the Clean Air Act, defrauding the government and committing wire fraud in a scheme to cheat environmental emissions regulations in Audi and Volkswagen vehicles.

  • January 17, 2019

    Del. Justices OK Spinoff's Escape Of Enviro Co.'s $1.6M Suit

    The Delaware Supreme Court ruled Thursday that the Chancery Court correctly tossed a $1.6 million insurance liability suit brought by environmental cleanup firm US Ecology Inc. against the buyer of its spun-off subsidiary, agreeing the sale contract didn't include repayment obligations for noncovered insurance costs.

  • January 17, 2019

    Pa. PUC Won't Revive Bid To Shut Down Sunoco Gas Pipelines

    The Pennsylvania Public Utility Commission on Thursday agreed that a group of Philadelphia-area residents had failed to show that safety concerns warranted an emergency shutdown of Sunoco LP's controversial Mariner East natural gas pipelines.

  • January 17, 2019

    Industry, Utah Urge DC Circ. To Uphold EPA Permit Order

    PacifiCorp, Utah and an industry group on Wednesday told the D.C. Circuit that environmentalists can't sustain claims that a U.S. Environmental Protection Agency order instituted a nationally applicable change to the way certain Clean Air Act permits are issued without proper public notice and comment.

  • January 17, 2019

    Wilson Elser Picks Up Maritime Attys From Fowler Rodriguez

    A team of maritime law-focused attorneys from recently shuttered Fowler Rodriguez has joined Wilson Elser Moskowitz Edelman & Dicker LLP in Louisiana and Alabama, adding international and domestic expertise in marine casualty, environmental and energy law, as well as in regulatory and commercial litigation, the firm said.

  • January 17, 2019

    House Dem Floats Bill To Undo Land Swap For Mining Project

    The chairman of the House Natural Resources Committee reintroduced legislation Thursday that would undo a land swap authorized by Congress, which gave a mining company owned by Rio Tinto PLC and BHP Billiton access to Arizona land sacred to Native Americans for the construction of a copper mine.

  • January 17, 2019

    Union Pacific Owes For Cleanup, Former Property Owner Says

    A former owner who spent $1.5 million cleaning up an 18-acre property in Wisconsin that was contaminated with lead and an oil byproduct asked a federal court to hold Union Pacific Railroad Co. at least partially responsible for the costs, arguing its predecessor caused the problem.

Expert Analysis

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • TSA Pipeline Cybersecurity Road Map: Key Points

    Norma Krayem

    Pipelines are a crucial aspect of the nation's economic and national security. But no one agency has officially been in charge of pipeline cybersecurity — until last month, when the U.S. Transportation Security Administration's cybersecurity road map made clear that the TSA will take the lead role in this area, says Norma Krayem of Holland & Knight LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 4

    Hagen Ganem

    In the final installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP focus on corporate governance best practices such as disclosures related to board evaluations and virtual shareholder meetings; the status of Dodd-Frank and other U.S. Securities and Exchange Commission rule-making matters; and considerations in assessing social media policies.

  • 2019 Annual Meeting And Reporting Considerations: Part 3

    Caroline Kim

    In the third installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP consider corporate governance best practices including environmental, social and governance reporting, updates to director and officer questionnaires, board diversity and related disclosures, and shareholder proposals.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Joseph Yaffe

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.