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Environmental

  • May 25, 2018

    Prop 65 Requires Warning For Even Trace Lead, Enviros Say

    Environmentalists asked a California appeals court Friday to rule that Proposition 65, the state’s toxic substances warning law, should require notice if a product contains any lead, arguing the state adopted safe lead levels from a federal agency whole cloth and flouted the local law by not doing its own scientific research.

  • May 25, 2018

    Enviros Must Specify Water Pollution Fixes To Fla. Utility

    A Florida magistrate judge on Friday ordered environmental groups suing Florida Power & Light Co. over water pollution from its Turkey Point nuclear plant near Miami to provide the utility with specifics about what they demand the utility do to remediate the problem.

  • May 25, 2018

    Pruitt’s Slate Of EPA Regional Chiefs Leaves Enviros Fuming

    U.S. Environmental Protection Agency head Scott Pruitt recently filled the organization's last open regional administrator position, once again picking an individual who environmentalists say is too cozy with the companies he is tasked with regulating.

  • May 25, 2018

    2nd Circ. Won't Revive NY Residents' Honeywell Cleanup Row

    The Second Circuit on Friday refused to revive a lawsuit in which upstate New York residents accused Honeywell International Inc. of exposing them to dangerous chemicals in connection to a government-mandated cleanup of Onondaga Lake.

  • May 25, 2018

    Paint Recycler Rebuts Sanctions Bid In Antitrust Row

     A defunct San Francisco-area paint recycler pushed back at attempts to sanction the company for its antitrust suit against a nonprofit paint industry outfit that does similar work, telling a California federal judge that it has plenty of evidence to back its claims.

  • May 25, 2018

    9th Circ. Revives FOIA Suit For Federal Power Agency Docs

    The Ninth Circuit on Friday revived an environmental group's Freedom of Information Act suit seeking information from the Bonneville Power Administration, reversing a lower court's conclusion that the group lacked standing because it didn't clearly identify itself as the one filing the original FOIA request.

  • May 25, 2018

    First Quantum Exits Deal To Back Controversial Mine

    First Quantum Minerals Ltd. has backed away from a plan to invest in a controversial proposed gold and copper open-pit mine in Alaska's Bristol Bay, the parent company of the project's developer announced on Friday.

  • May 25, 2018

    Exxon, AGs Clash Over Speed Of Climate Probe Appeal

    ExxonMobil wants the Second Circuit to take off the fast track its appeal of the dismissal of its suit claiming the attorneys general of New York and Massachusetts conspired to violate Exxon's free speech rights on climate change issues by investigating the company, a move the prosecutors oppose.

  • May 25, 2018

    Chinese Co. Urges Court To Confirm $2.4M Generator Award

    A Chinese gas-powered generator manufacturer has asked a New York federal court to confirm a $2.4 million arbitral award issued against an importer in a dispute stemming from a national recall, arguing that an arbitrator expressly found that it was never paid for generators the importer purchased.

  • May 25, 2018

    9th Circ. Wrongly Expanded Fishing Rights Treaty, Tribe Says

    The Makah Indian tribe has asked the U.S. Supreme Court to review a Ninth Circuit decision backing a lower court's finding that the U.S. gave the Quileute Indian tribe and the 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.

  • May 24, 2018

    EPA Extends Comment Period On Scientific Review Revamp

    The U.S. Environmental Protection Agency announced on Thursday that it is extending the public comment period on a controversial proposal to require the publication of data underlying scientific studies that are considered when promulgating regulations, and will also hold a public hearing on the matter.

  • May 24, 2018

    Global Warming Fight Heats Up As Big Oil, Cities Face Off

    The U.S. Justice Department joined Chevron, BP, Exxon Mobil and other oil companies Thursday in attacking suits by San Francisco and Oakland seeking damages for climate change-related infrastructure needs, arguing before a California federal judge that the litigation would flout congressional intent, muddle international policy and outlaw energy production.

  • May 24, 2018

    Fiat Chrysler Wants RICO Claim Tossed In Emissions MDL

    Fiat Chrysler told a California federal judge that drivers in a multidistrict litigation over the alleged rigging of emissions tests have not salvaged their claims against the company, saying the judge should at least cut a Racketeer Influenced and Corrupt Organizations Act claim from the consolidated class action.

  • May 24, 2018

    Pa. PUC Judge Orders Shutdown Of Sunoco Pipelines

    An administrative law judge for the Pennsylvania Public Utility Commission has ordered Sunoco LP to shut down operations at a natural gas pipeline in the state and halt construction on two others, siding with a Pennsylvania state senator who claimed the projects were fraught with environmental and safety issues.

  • May 24, 2018

    Conservationists Lose Suits Over Dominion Va. Power Line

    A D.C. federal judge on Wednesday nixed suits by conservation groups challenging the U.S. Army Corps of Engineers' allowing a Dominion Energy Inc. electricity transmission project to cross the James River in Virginia, saying the Corps' review and approval of the project was by the book.

  • May 24, 2018

    Chevron Escapes $9.5B Ecuadorean Award Bid In Canada

    Ontario's top court on Wednesday upheld a lower court ruling that Ecuadorean citizens can't enforce an Ecuadorean court’s $9.5 billion oil pollution judgment against Chevron Corp. through its Canadian subsidiary, saying it's a separate corporate entity whose assets can't be seized to satisfy a judgment against the parent company.

  • May 24, 2018

    Klamath Tribes Sue Over Fish Harmed By Lake Water Levels

    The Klamath Tribes filed suit in California federal court on Wednesday against federal agencies including the U.S. Bureau of Reclamation alleging they aren’t maintaining proper water levels for the Upper Klamath Lake, causing harm to two species of endangered fish vital to the tribes’ culture.

  • May 24, 2018

    Ill. DOT Retains Quick Win In Enviros' Tollway Appeal

    An Illinois appeals court Wednesday backed a lower court’s grant of a quick win to the Illinois Department of Transportation in environmentalists' challenge to the proposed Illiana Tollway project, even though the agency has said there currently are no plans to construct the expressway in the state.

  • May 24, 2018

    Cox To Pay $3.3M To Settle Calif. Hazardous Waste Claims

    Cox Communications California LLC will pay more than $3.3 million to settle allegations that it flouted a Golden State hazardous waste law by improperly disposing of electronic devices, batteries and aerosols, Attorney General Xavier Becerra's office announced on Thursday.

  • May 24, 2018

    Enviros Challenge Feds' About-Face On Migratory Bird Kills

    Environmental groups launched challenges in New York federal court on Thursday to the federal government’s recent decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, a move that departs from decades of precedent.

Expert Analysis

  • Opinion

    Self-Policing Animal Research: Another Bad Idea From USDA

    Delcianna Winders

    When Congress passed the Animal Welfare Act in 1966, it stressed the law was needed because of “the shocking failure of self-policing” by the animal experimentation industry. Yet now, the U.S. Department of Agriculture is considering a return to self-policing — an exceedingly bad idea, says Delcianna Winders, visiting scholar at the Elisabeth Haub School of Law at Pace University.

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • 3 Ways FERC Could Increase Pipeline Review Transparency

    Barbara Jost

    The Federal Energy Regulatory Commission recently solicited public comments on whether to revise its policies governing approval of new natural gas pipelines. This may not ultimately result in significant revisions to pipeline approval procedures. But a few simple changes could enhance public confidence in pipeline siting, says Barbara Jost of Davis Wright Tremaine LLP.

  • Kinross Settlement Highlights FCPA Risks For Mining Cos.

    Collmann Griffin

    In March, a Canadian gold and silver mining company agreed to pay nearly $1 million to the U.S. Securities and Exchange Commission over alleged violations of the U.S. Foreign Corrupt Practices Act. The case shows the risks faced by companies that fail to implement appropriate controls post-acquisition, particularly in the mining industry, says Collmann Griffin of Miller and Chevalier Chtd.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.