Environmental

  • May 21, 2018

    Justices To Review Scope Of Immunity For Int'l Orgs

    The U.S. Supreme Court has agreed to review a D.C. Circuit decision holding that international organizations enjoy even more immunity from lawsuits than do foreign governments, taking up a case Monday from a group of Indian nationals suing the International Finance Corp. over a power plant project they say has wreaked havoc on the surrounding environment.

  • May 21, 2018

    NJ Asks DC Circuit To Undo PennEast Pipeline Approval

    New Jersey launched a challenge in the D.C. Circuit on Monday to the Federal Energy Regulatory Commission's recent decision to greenlight construction of the controversial $1 billion PennEast gas pipeline.

  • May 21, 2018

    National Park Service Sea Level Report Cites Climate Change

    The U.S. National Park Service on Friday released a report on sea level rise and its implications for the agency that focused on human-caused climate change, something the Trump administration had reportedly been considering avoiding.

  • May 21, 2018

    NJ Justices Won't Review BASF, Shell Win Over Polluted Site

    The New Jersey Supreme Court on Monday declined to review an appellate decision upholding a settlement that forced the former owner of a landfill site to turn over the facility to BASF Corp., Shell Oil Co. and others in exchange for their handling of cleanup costs.

  • May 21, 2018

    Dentons Nabs Selman Breitman's Product Liability Partner

    Dentons has hired a Selman Breitman LLP partner with more than 20 years of experience representing building contractors and developers in disputes arising out of alleged exposure to asbestos and other toxic substances, according to the firm.

  • May 21, 2018

    Pa. Budget Illegally Uses Oil, Gas Lease Funds, Enviros Say

    Pennsylvania has been hit with a lawsuit accusing it of unconstitutionally padding its general fund with money from oil and gas leases, despite a 2017 ruling from the state’s high court that such funds must be used for conservation.

  • May 21, 2018

    CIT Sends Chinese Solar-Cell Case Back To Commerce

    The U.S. Court of International Trade on Friday asked the U.S. Department of Commerce to either reconsider or better explain some of the value choices it used in reviewing the anti-dumping duties it is seeking to impose on several Chinese companies that allegedly dumped solar cells on the U.S. market.

  • May 21, 2018

    Gov't Gets It Wrong On Climate Suits, Calif. Cities Say

    The cites of San Francisco and Oakland on Friday blasted the U.S. government's assertions that their suits seeking to hold oil giants liable for climate change-related infrastructure damage have no place in the courtroom, arguing that the feds are relying on a mistaken view of federal common law.

  • May 21, 2018

    Justices Won't Hear Class Action Over Army Base Pollution

    The U.S. Supreme Court declined Monday to revive a proposed $750 million class action that alleges the U.S. Army is liable for injuries and deaths caused by its negligent disposal of toxic chemicals at a Maryland base.

  • May 21, 2018

    High Court Will Hear Challenge To Va. Uranium Mining Ban

    The U.S. Supreme Court on Monday said it will hear a uranium company's challenge to Virginia's ban on uranium mining that the Fourth Circuit upheld, entertaining the corporation's argument that precedent said the Atomic Energy Act preempted state laws that address radiation dangers.

  • May 18, 2018

    FERC Reins In GHG Analysis For Certain Pipeline Projects

    The Federal Energy Regulatory Commission on Friday used an order on a New York gas pipeline expansion effort to announce a policy limiting its analysis of certain projects’ climate change impacts, igniting dissent by two commissioners that said the body should not regress on such an important issue.

  • May 18, 2018

    Trump's Fish And Wildlife Service Targets ESA Restrictions

    The U.S. Fish and Wildlife Service recently continued its shift toward more industry-friendly policies by issuing Endangered Species Act guidance that gives companies more power to decide whether they need certain permits, and now appears poised to roll back a decades-old rule that extended automatic protections to species listed as threatened.

  • May 18, 2018

    Wynn Pays $68M For Chemical Cleanup At Mass. Casino Site

    Wynn Resorts Ltd. has shelled out $68 million to remove roughly 1 million tons of toxic sediment from a former chemical plant site where it’s now building the $2.5 billion Encore Boston Harbor hotel and casino, according to a news report.

  • May 18, 2018

    ENGlobal, NASCO Settle Power Plant Contract Fight

    ENGlobal US Inc. and construction management company Native American Services Corp. have settled a dispute over a biomass power plant project contract, prompting a Texas federal judge to dismiss the case Friday.

  • May 18, 2018

    Farm Subsidy, Welfare Bill Tanks Over Immigration Issues

    A conservative revolt over immigration and Democratic opposition to food stamp work requirements drove the U.S. House of Representatives’ effort to pass a five-year reauthorization of farm policy into the dirt Friday.

  • May 18, 2018

    DC Circ. Nixes EPA Superfund Listing Of Polluted Ind. Site

    The D.C. Circuit overturned the U.S. Environmental Protection Agency’s placement of an Indiana site with groundwater pollution on the federal Superfund list, finding Friday the agency ignored evidence contradicting a key conclusion used to justify the listing.

  • May 18, 2018

    BMW Seeks Toss Of German Auto Antitrust MDL

    BMW asked a California federal court Thursday to reject multidistrict litigation claiming it participated in a decadeslong antitrust conspiracy with fellow German automakers Audi, Volkswagen, Mercedes-Benz and others on car technology, costs, suppliers and emissions equipment, saying the buyers’ ill-defined antitrust injuries and illogical claims do not hold up.

  • May 18, 2018

    Mass. City Says 3M Foam Contamination Suit Should Proceed

    A western Massachusetts city told a federal judge on Friday its lawsuit claiming that a fire suppression foam manufactured by chemical companies including 3M Co., Chemguard Inc. and Tyco Fire Products LP contaminated its water supply should go forward, saying the companies' claims that the suit is improper don't hold up.

  • May 18, 2018

    Brownfield Redevelopment Evolving As Savvy Grows

    Building on contaminated properties known as brownfields can be an attractive option for developers savvy enough to maximize tax and liability benefits that can accompany such projects and dodge potential stumbling blocks that could lead to unanticipated environmental and community concerns.

  • May 17, 2018

    Plans For $4B Miami Mega-Mall Advance With Key Approvals

    Plans for the massive American Dream Miami entertainment-retail complex passed key mileposts Thursday as the Miami-Dade County Commission approved land use and zoning applications and a development agreement needed for the $4 billion project to move forward.

Expert Analysis

  • 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.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Congressional Forecast: May

    Layth Elhassani

    Congress returned to Washington, D.C., this week for a three-week work period before the Memorial Day recess. The Republican majority is aiming to meet deadlines on several priority items, including fiscal year 2019 appropriations bills and renewed program authorizations for agriculture, defense and the Federal Aviation Administration, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.