Environmental

  • January 22, 2018

    FERC Urges DC Circ. Not To Halt $3.5B Pipeline Construction

    The Federal Energy Regulatory Commission on Monday told the D.C. Circuit that blocking construction of the $3.5 billion Mountain Valley gas pipeline while environmental groups challenge the agency's approval would split from a host of previous court rejections of similar pipeline stay requests and circumvent FERC's reconsideration process.

  • January 22, 2018

    Enviros Can't Halt Fla. Harbor Expansion Plan, Judge Says

    A Florida federal judge on Friday sunk an environmental group's bid to delay the start of a Jacksonville harbor dredging project and partially dismissed its challenge over the U.S. Army Corps of Engineers' environmental review efforts, finding the basis for the group's arguments did not hold water.

  • January 22, 2018

    Pa. Justices Decline Challenges To Sunoco Eminent Domain

    Sunoco Pipeline LP received a win Monday in its efforts to build the controversial Mariner East 2 pipeline when the Pennsylvania Supreme Court said that it would not hear five appeals challenging the company's authority to use eminent domain to seize rights of way for the project.

  • January 22, 2018

    Where Things Stand On The Biggest P3 Transpo Projects

    The Trump administration’s reluctance to shoulder most of the costs for state or local transportation infrastructure projects has increased the pressure on governments to look to private industry to get some of the nation’s most crucial projects financed, built and delivered, experts say.

  • January 22, 2018

    BP Exec's Interview Still Fair Game In Deepwater Horizon MDL

    A Texas federal judge declined on Friday to reconsider his decision to allow some investors in a suit against BP PLC over the Deepwater Horizon oil spill to proceed with claims based on the then-company president’s statements in a company magazine.

  • January 22, 2018

    Pa. GOP Reg Rollback May Have Legs Despite Unclear Need

    After a set of Pennsylvania Republican legislators recently launched a push for a dramatic regulatory rollback — with environmental enforcement squarely in the crosshairs — aimed at making the state more favorable to business, experts have questioned the need for this initiative but say that anything is possible in a year where politicians could face sharp incentives to make a deal.

  • January 22, 2018

    BREAKING: Trump OKs New Tariffs On Solar Cells, Washing Machines

    President Donald Trump on Monday approved new tariffs and quotas on imports of solar cells and washing machines, capping a pair of contentious trade battles and marking the first time the U.S. has imposed safeguard restrictions since 2001.

  • January 22, 2018

    Environmental Group Of The Year: BakerHostetler

    The environmental practice group at BakerHostetler has had a highly productive year in which its attorneys successfully defended two major client construction projects and prompted several instances of regulatory change, earning the group a spot as one of Law360's Environmental Groups of the Year.

  • January 22, 2018

    Plan For Alaska Road Through Refuge Gets Zinke’s OK

    The U.S. Department of the Interior on Monday approved a deal for a land swap facilitating the construction of a road that would allow for easier medical evacuations from a remote Alaskan community.

  • January 22, 2018

    Exxon Climate Speech Claims Are Empty, AGs Say

    ExxonMobil has provided no plausible evidence that climate change probes launched by the attorneys general of New York and Massachusetts amount to a politically motivated conspiracy to deprive the oil giant of its free speech rights on climate issues, the prosecutors told a New York federal judge Friday.

  • January 22, 2018

    Jersey City Loses Bid To Sink Marina Plan

    Jersey City officials lost their preemptive bid to halt a plan for an additional marina on historic land when a state court judge ruled last Friday that the proposal can’t be challenged in the judicial system until a lease agreement has been finalized.

  • January 22, 2018

    High Court Won't Hear Bearded Seal Listing Dispute

    The U.S. Supreme Court declined Monday to take up efforts to overturn the National Marine Fisheries Service’s decision to list a Pacific bearded seal population as threatened, shooting down requests for review by oil and gas groups, the state of Alaska, an Alaska Native regional corporation and others.

  • January 22, 2018

    $1B PennEast Pipeline Gets FERC Greenlight Amid Concerns

    The Federal Energy Regulatory Commission late Friday approved the construction of the controversial $1 billion PennEast gas pipeline running through Pennsylvania and New Jersey by a 4-1 vote, with commissioners expressing reservations over the project's impact on landowners and opponents vowing to fight it at the state level.

  • January 22, 2018

    Supreme Court Refuses Fla. Keys Property Rights Case

    The U.S. Supreme Court declined Monday to take up the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have eroded his property rights.

  • January 22, 2018

    9th Circ. Won’t Revisit Tribes’ Right To Hunt Whales

    The Ninth Circuit said Friday it won’t revisit a panel decision backing a lower court’s finding that the federal government gave the Quileute Indian Tribe and Quinault Indian Nation the right to hunt whales and seals when it granted both the “right of taking fish” in a treaty signed in 1855.

  • January 22, 2018

    High Court Will Hear La. Frog Habitat Fight Over ESA Powers

    The U.S. Supreme Court on Monday agreed to hear a timber company's bid to overturn a 2016 Fifth Circuit ruling that upheld the U.S. Fish and Wildlife Service's decision to declare 1,500 acres of private property in Louisiana a refuge for an endangered frog species even though the species does not live there.

  • January 22, 2018

    Justices Say Clean Water Rule Suits Belong In District Courts

    The U.S. Supreme Court held Monday that challenges to an Obama-era rule defining the federal government’s authority under the Clean Water Act belong at the district rather than appellate court level, dealing a blow to executive branch agencies that argued appeals courts were the appropriate venue.

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    Mass. Justices Revive Condo Owners' Hazardous Waste Suit

    Massachusetts’ highest court on Friday gave the owners of some units at the Grand Manor Condominium Association in Lowell another shot at their bid to make the city pay them millions of dollars for damaging their property by releasing hazardous materials like lead and arsenic when operating it as a dump.

  • January 19, 2018

    1 Of 52 Bison Seen After Release Spurs Criminal Probe

    Yellowstone National Park staff have spotted at least one of the 52 bison illegally released from holding pens last week, as the National Park Service’s criminal investigation into the unauthorized emancipation continues, a spokeswoman said Friday.

Expert Analysis

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • How The Climate Changed For Renewables In 2017

    Brook Detterman

    2017 ended, as it began, with much uncertainty for renewable energy, as the Trump administration continued to move against the Clean Power Plan. But key renewable energy objectives advanced at the state level, and tax reform left the production tax credit for wind energy and the investment tax credit for solar developers intact, says Brook Detterman of Beveridge & Diamond PC.

  • Severe Weather Events Create Insurance Dilemmas

    Edward Murphy

    In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • How FERC Redefined 'Grid Resilience'

    Colette Honorable

    Last fall, the U.S. Department of Energy directed the Federal Energy Regulatory Commission to consider "grid resilience" measures that tended to favor coal and nuclear power. FERC's response this week, rejecting the DOE approach, embraces a resilience strategy incorporating new energy technologies, and could even lead to consideration of climate change as a factor, say attorneys with Reed Smith LLP.

  • White House Deregulation Push Is Just Getting Started

    Jane Luxton

    The Trump administration's recently released unified agenda indicates an even greater pace of deregulatory action in 2017 than was called for in the president's "two-for-one" executive order. But parties interested in particular future regulatory reforms must develop a strategy for aligning with the relevant agency’s priorities, say attorneys with Clark Hill PLC.

  • Will Ratepayers Or Shareholders Pay For California Fires?

    Mike Danko

    Northern California homeowners recently filed suit against PG&E Corporation, blaming its power lines for sparking wildfires that have destroyed more than 5,000 homes. If plaintiffs prove that the utility took shortcuts that placed profits over safety, victims’ compensation should come from the company's profits, not from ratepayers, say Mike Danko of Danko Meredith and Caroline Corbitt of Gibbs Law Group.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • The Uncertain Fate Of Migratory Birds

    Hilary Tompkins

    It remains to be seen if the recent reversal of the U.S. Department of the Interior's long-standing position regarding the Migratory Bird Treaty Act will withstand challenges. The launch of this decision — just before Christmas and without a solicitor — highlights some potential pitfalls, says Hilary Tompkins, a partner at Hogan Lovells and former solicitor of the DOI.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.