Environmental

  • April 25, 2017

    SunEdison Approved For New $640M Loan To Fund Ch. 11

    Bankrupt green energy giant SunEdison Inc. on Tuesday narrowly avoided defaulting on its debtor-in-possession loans and jeopardizing its chances to reorganize when a New York bankruptcy judge approved a $640 million replacement loan in light of a compromise reached with a tenacious group of unsecured creditors.

  • April 25, 2017

    Senator Lodges Complaint Over Pruitt Cameo On GOP Invite

    U.S. Environmental Protection Agency head Scott Pruitt violated federal law when he allowed his official title to be used in marketing materials for an Oklahoma Republican event that was charging $100 a plate, a senator said Tuesday in a complaint to the U.S. Office of Special Counsel.

  • April 25, 2017

    ERP Floats Bid Worth $100M For Molycorp's Rare Earth Mine

    Environmentalist Tom Clarke’s ERP Strategic Minerals LLC put in a Chapter 11 stalking horse bid for Molycorp’s long-mothballed Mountain Pass, California, rare earth mine, the nation’s only major source of the minerals used for consumer electronics, at roughly $100 million when assumed liabilities are factored in, the company said Tuesday.

  • April 25, 2017

    Trump Ordering Review Of Nat'l Monument Designations

    President Donald Trump will sign an executive order Wednesday directing the U.S. Department of the Interior to review designations of land and marine national monuments stretching back over 20 years, including former President Barack Obama's controversial designation of the Bears Ears National Monument in Utah in December.

  • April 25, 2017

    AGs Urge Trump To Back Paris Climate Agreement

    More than a dozen attorneys general called on President Donald Trump to reconfirm the United States’ commitment to the Paris Agreement on Tuesday, saying the threats posed by climate change to national security, economic stability and the health of the American people are best fought through global cooperation.

  • April 25, 2017

    DC Circ. Tosses Power Row Between Wind Farm, Utility

    The D.C. Circuit on Tuesday rejected consolidated petitions challenging the Federal Energy Regulatory Commission’s decision that Portland General Electric Co. must purchase all of a small Oregon wind farm’s power under a deal the parties inked.

  • April 25, 2017

    Southern Co. Investors Seek Board Shift Amid Project Woes

    Several investors in Southern Co. sent a letter Monday criticizing executive compensation at the utility company and urging fellow shareholders to vote against re-electing two board members at an upcoming meeting.

  • April 25, 2017

    10th Circ. Lifts Block On FWS' Release Of Gray Wolves In NM

    A Tenth Circuit panel on Tuesday overturned a lower court that blocked the U.S. Fish and Wildlife Service from releasing endangered Mexican gray wolves in New Mexico, deciding that the federal government’s actions did not risk causing irreparable injury.

  • April 25, 2017

    Sewage Is Excluded Pollution, Insurer Tells 11th Circ.

    Evanston Insurance Co. on Tuesday asked the Eleventh Circuit to reverse an Alabama federal court's ruling that a pollution exclusion in a policy it issued to a construction company doesn't bar coverage for underlying claims over property damage and injuries due to a sewage leak, saying the lower court ignored controlling precedent.

  • April 25, 2017

    Enviro Group Backs Push To Rehear NC-Alcoa River Dispute

    A conservation organization on Monday backed North Carolina’s bid for the Fourth Circuit to rehear en banc an unfavorable split panel ruling that affirmed a lower court’s decision to toss a suit by the state challenging an Alcoa unit’s right to land where the company had built four hydropower dams along the Yadkin River.

  • April 25, 2017

    Sierra Club, Dominion Can't Agree On Coal Ash Cleanup

    The Sierra Club told a Virginia federal court Monday that its negotiations with Dominion Virginia Power have stalled over how to deal with arsenic from coal ash waste that seeped into groundwater, adding that it was submitting its own alternative plan to the court.

  • April 25, 2017

    Holland & Hart Adds Energy Atty Challenging Methane Rules

    A former Davis Graham & Stubbs LLP energy and air quality partner, whose work includes challenging Bureau of Land Management and Environmental Protection Agency rules affecting methane gas emissions, has joined Holland & Hart LLP.

  • April 25, 2017

    Non-Class Counsel Can't Get Fees In VW 2.0-Liter Settlement

    Attorneys who did not serve as class counsel in litigation against Volkswagen AG over emissions cheating in its 2.0-liter diesel vehicles are not entitled to attorneys’ fees because their work didn’t benefit the class on the whole, a California federal judge ruled Monday.

  • April 25, 2017

    Groups Sue EPA To Label Western Lake Erie As 'Impaired'

    A coalition of conservation and business groups sued the U.S. Environmental Protection agency in D.C. federal court Tuesday seeking to force it to decide whether the western basin of Lake Erie in Ohio should be designated "impaired" in light of harmful algal blooms, a designation they said is the first step toward restoration.

  • April 25, 2017

    Enviros Want Fla. City Sanctioned in Sewage Discharge Row

    Environmental groups and citizens suing the city of Gulfport, Florida, for allegedly discharging untreated sewage into Tampa Bay and the Gulf of Mexico asked the court Monday to sanction the city and its attorneys for their “legally baseless” attempt to dismiss the suit.

  • April 25, 2017

    Judge Wants FERC Input In Ill. Nuke Plant Subsidy Fight

    As challengers of Illinois' plans to subsidize struggling nuclear power plants argued that despite what the state says, the subsidies directly affect wholesale electricity rates in violation of the Federal Power Act, an Illinois federal judge on Monday asked the Federal Energy Regulatory Commission to weigh in on the issue.

  • April 25, 2017

    ND Wants Stay Over Consolidation In CPP Row, DC Circ. Told

    North Dakota won't abandon efforts to consolidate its challenge of the U.S. Environmental Protection Agency's denial of reconsideration petitions over the Clean Power Plan with the main challenge of the rule, but urged the D.C. Circuit Monday to instead pause the litigation while the EPA reviews the rule.

  • April 25, 2017

    DC Circuit Delays Case Over States' Plant Emissions Rules

    The D.C. Circuit on Monday granted a request by the U.S. Environmental Protection Agency to postpone oral arguments in litigation over the EPA's requirement that 36 states revise emissions exemptions related to startup, shutdown and malfunction events at power plants and other facilities.

  • April 24, 2017

    Enviros Gird For Pitched Battle To Stop Trump Border Wall

    President Donald Trump appears committed to his campaign promise to build a wall along the border with Mexico, but environmental groups say they are ready to battle the administration in court every step of the way, even though past challenges to border barrier construction have failed.

  • April 24, 2017

    Pa. 'Trigger' Ruling Eases Path To Toxic Cleanup Coverage

    A Pennsylvania court on Friday rejected an insurance carrier's argument that a chemical manufacturer's coverage for litigation over the cleanup of a toxic waste site is limited to the policy in effect when property damage was first discovered, a ruling that could give policyholders access to a wider swath of policies for claims tied to gradual damage.

Expert Analysis

  • Honestly, What Is The Best Science?

    William Walsh

    No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • More EPA Financial Responsibility Rules On The Way

    Wray Blattner

    The U.S. Environmental Protection Agency recently proposed a rule regarding financial responsibility requirements for the hardrock mining industry. The particulars on how it determined this formula may be a precursor for methods used in other upcoming industry regulations, say attorneys with Thompson Hine LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.