Environmental

  • December 14, 2017

    BREAKING: Senate Confirms Trump's EPA GC, Water Chief Picks

    The U.S. Senate on Thursday confirmed Matthew Leopold of Carlton Fields as the U.S. Environmental Protection Agency's general counsel, and Wisconsin Assistant Attorney General David Ross as the EPA's water office chief.

  • December 14, 2017

    Enviro Group's FOIA Suit Wants Trump Admin's Monuments Docs

    The Conservation Lands Foundation Inc. expanded the fight over President Donald Trump's decision to shrink national monuments in Utah with a Freedom of Information Act lawsuit in D.C. federal court Wednesday, seeking documents to shed light on the move beyond the “sweeping generalizations” already made.

  • December 14, 2017

    Trump's EPA Chemical Safety Office Pick Drops Out

    President Donald Trump's controversial pick to lead the U.S. Environmental Protection Agency's chemical safety office has reportedly given up on seeking the post, just weeks after two Republican senators said they couldn't support his nomination and a third expressed doubts as well.

  • December 14, 2017

    Bearded Seal 'Threatened' Listing Improper, Justices Hear

    Oil and gas groups, the state of Alaska and an Alaska Native regional corporation urged the U.S. Supreme Court on Wednesday to reject the federal government’s plea to uphold the National Marine Fisheries Service’s decision to list the Pacific bearded seal as a threatened species.

  • December 14, 2017

    FERC Won't Reconsider Atlantic Bridge Pipeline Project OK

    The Federal Energy Regulatory Commission on Wednesday stood by its approval of the Atlantic Bridge natural gas pipeline project in New York and New England, rejecting arguments from environmentalists and local municipalities saying that its environmental review was flawed.

  • December 14, 2017

    MVP: Morgan Lewis' James Dragna

    Morgan Lewis & Bockius LLP’s James J. Dragna has helped various clients navigate complex environmental proceedings in the past year on issues ranging from a natural gas leak in California to a case involving the allocation of cleanup costs at a San Diego site, landing him a spot among Law360's 2017 Environmental MVPs.

  • December 13, 2017

    Musk's Control Of Tesla Takes Central Role In Chancery Suit

    Whether business magnate Elon Musk actually controls Tesla Inc., the electric carmaker he had a hand in founding, took center stage Wednesday in the Delaware Chancery Court as the company pushed to have a shareholder challenge to its $2.6 billion acquisition of SolarCity Corp. thrown out.

  • December 13, 2017

    State Can't Block Millennium Pipeline Project, NY Judge Says

    Millennium Pipeline Co. LLC on Wednesday won another court battle in its effort to build a 7.8-mile gas pipeline in southern New York, convincing a federal judge to stop the state’s environmental watchdog from blocking construction based on a water quality permit dispute.

  • December 13, 2017

    Trump's Picks For OSHA, DOL Solicitor Clear Senate Panel

    A Senate panel approved a raft of nominations Wednesday for a variety of key positions within President Donald Trump’s administration, advancing to the full chamber a top FedEx safety official for the next head of the Occupational Safety and Health Administration, and a Kirkland & Ellis LLP partner for the U.S. Department of Labor’s top legal post.

  • December 13, 2017

    Ill. Nuke Plant Subsidies Do Step On FERC, 7th Circ. Told

    A coalition of power producers on Tuesday told the Seventh Circuit that the effort by Illinois to prop up two struggling Exelon Corp. nuclear power plants is an overreach of authority reserved for the Federal Energy Regulatory Commission, adding that Supreme Court precedent showed the state went too far.

  • December 13, 2017

    The Biggest Energy Rulings Of 2017

    Climate change played a starring role in major energy rulings this year, as courts ordered the Federal Energy Regulatory Commission to more closely study pipeline greenhouse gas emissions, backed states' use of nuclear plant subsidies to decrease GHG emissions and thwarted the Trump administration's efforts to roll back climate-friendly energy and environmental regulations finalized during the Obama administration. Here are the biggest energy-related rulings from 2017.

  • December 13, 2017

    Tribes Seek Full 9th Circ. Rethink Of Fishing Rights Ruling

    The Jamestown S’Klallam Tribe and the Port Gamble S’Klallam Tribe urged the Ninth Circuit on Tuesday to rethink a panel decision that reversed a lower court’s ruling that held that the Lummi Nation lacked authority over disputed waters near Seattle.

  • December 13, 2017

    Crowell & Moring Adds Ex-Dentons Chem Industry Pro

    Crowell & Moring LLP has expanded its environment and natural resources group with the addition of a partner from Dentons who has more than two decades of experience with chemicals and pesticides law.

  • December 13, 2017

    MVP: McGuireWoods' Gregory Evans

    McGuireWoods LLP's Gregory Evans has helped his longtime client Asarco LLP deal with its CERCLA liability by quickly settling with the government and then pursuing other potentially responsible parties in the wake of its bankruptcy, winning appeals court cases that have solidified the approach and landing among Law360's 2017 Environmental MVPs.

  • December 13, 2017

    DC Circ. Gives Enviros 2nd Shot To Fight $2.2B Pipeline

    The Sierra Club will be allowed to refile a suit against the Federal Energy Regulatory Commission aiming to stall construction on the $2.2 billion Nexus pipeline after the nonprofit had to pull its initial petition, the D.C. Circuit said Wednesday.

  • December 13, 2017

    GOP Leaders Reach Deal To Reconcile Tax Bill Differences

    Republican leaders have reached an agreement to settle the differences between the tax cut bills passed in the House and Senate, according to a statement from the Senate Finance Committee on Wednesday.

  • December 12, 2017

    A $25K Cone Of Silence For Pruitt's Office? Probe Is Coming.

    U.S. Environmental Protection Agency Administrator Scott Pruitt's alleged decision to spend $25,000 on a soundproof communication booth for his office will be reviewed by the agency's inspector general.

  • December 12, 2017

    Audi, Bosch Say Gas-Vehicle Emissions Suit Is Too Vague

    VW, Audi and Bosch urged a California federal court Monday to throw out a proposed class action alleging they conspired to install illegal “defeat devices” in various gasoline-fueled vehicles, saying the drivers bringing the suit are attempting to piggyback off similar cases over diesel-fueled vehicles.

  • December 12, 2017

    DOT Escapes Enviro Suit Over Review Of Oil Spill Plans

    A Michigan federal judge on Tuesday granted a quick win to the U.S. Department of Transportation in a suit accusing it of shirking its responsibilities to review spill response plans for certain oil facilities, agreeing with the agency that the environmental group that brought the suit didn’t have standing.

  • December 12, 2017

    Senate Dems Protest Energy Tax Provisions In Reform Bill

    A group of Senate Democrats on Tuesday denounced Republican tax reform legislation for removing incentives for renewable energy such as wind and solar while propping up the fossil fuel industry.

Expert Analysis

  • Reviewing 2017's CEQA Legislative And Regulatory Activity

    Arthur Coon

    As another year draws near its close, a number of notable California Environmental Quality Act developments in both the legislative and regulatory arenas bear mention, including one proposed regulation that is already outdated due to its conflict with a recent Fifth District decision, says Arthur Coon of Miller Starr Regalia.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Litigation Trend Links Climate Change And Human Rights

    Viren Mascarenhas

    One key takeaway from the Bonn Climate Talks — which recently brought together negotiators from close to 200 countries to discuss implementation of the Paris agreement — is that energy companies must seriously consider potential lawsuits linking their business operations with human rights violations and climate change, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Science And Controversy Of Offshore Wind

    Brook Detterman

    As the U.S. Bureau of Ocean Energy Management embarks on several studies to better understand offshore resources and species, fishing interests have sued BOEM to challenge not only an offshore wind lease, but the process used to award leases and conduct environmental analysis. The future of offshore wind in the United States may be at stake, says Brook Detterman of Beveridge & Diamond PC.

  • 10 Things To Know About Native American Policy: Part 2

    Donald Pongrace

    Significant Native American policy developments to pay attention to in the coming months include the future of tribal coal and the next wave of politicians that will leave office in the near future, as well as how their replacements will address Indian Country issues, say attorneys with Akin Gump Strauss Hauer & Feld LLP in the final part of this article.

  • Land Use And Entitlement Diligence For Calif. CRE Lending

    Andrew Starrels

    Following the widespread construction boom in most California markets, commercial real estate lenders and their counsel find themselves increasingly asked to evaluate and underwrite the nature of entitlement approvals for development projects, but the state's web of land use regulations and sometimes overlapping jurisdictions can make that task complicated, says Andrew Starrels of Holland & Knight LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.