We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Environmental

  • February 22, 2019

    3 Things To Watch At Monsanto's Roundup Bellwether Trial

    Last year, a California jury punished Monsanto to the tune of almost $300 million after finding its popular weedkillers caused a man's cancer, and six months later, all eyes are on the next legal showdown over glyphosate. Here's what attorneys will be watching as the four-week trial kicks off Monday.

  • February 22, 2019

    FERC's LNG Order Seems To Break Climate Change Impasse

    The Federal Energy Regulatory Commission appeared to break a commissioner deadlock over how it evaluates the climate change impact of liquefied natural gas projects when it approved a Louisiana LNG terminal and pipeline late Thursday, a move that could clear a backlog of similar projects.

  • February 22, 2019

    Enviros Want Newark's Lead-Tainted Water Replaced

    The Natural Resources Defense Council and a group of Newark teachers on Thursday asked a New Jersey federal judge to force the city to find an alternative drinking water source for some residents until dangerous levels of lead are brought under control.

  • February 22, 2019

    TransCanada Asks 9th Circ. For Go-Ahead On Keystone XL

    TransCanada Keystone Pipeline LP has asked the Ninth Circuit to allow it to proceed with certain preconstruction activities on the Keystone XL pipeline such as preparing worker camps, saying the lower court unjustly halted efforts and could potentially force it to lose the entire construction season.

  • February 22, 2019

    VW Emissions Opt-Out Drivers Must Try Suits In Federal Court

    Several plaintiffs from Texas and Minnesota who opted out of Volkswagen's $10 billion settlement in multidistrict litigation over its diesel emissions-cheating scandal were denied their bids to send their cases back to their home states by a California federal judge Friday.

  • February 22, 2019

    Enviros Can't Block Permits For $2B Nexus Project: 6th Circ.

    The Sixth Circuit has thrown out a challenge by citizens groups to an Ohio agency’s decision to grant air quality permits for the $2.1 billion Nexus natural gas pipeline, saying the groups did not properly explain how the project would affect them.

  • February 22, 2019

    NJ Country Club Sues Town For Dumping Sewage On Its Land

    A New Jersey town was sued in federal court Friday by the owners of a golf course claiming that millions of gallons of town wastewater has been dumped onto their property over the past five years.

  • February 22, 2019

    Debt Ceiling Deal Could Help Renew Tax Credits, Staffer Says

    Congress could attempt to renew expired tax credits in the current session through potential deals on the federal debt ceiling as well as sequestration caps, a staffer on the House Ways and Means Committee said Friday.

  • February 22, 2019

    Del. Enviro Regulator Can Only Bar Conduct, Not Order Fixes

    Delaware’s Department of Natural Resources and Environmental Control can order violators to stop prohibited activities, but can’t force them to take proactive measures, the First State’s Superior Court said in a precedent-setting Thursday ruling.

  • February 22, 2019

    EPA Must Improve Tribe Outreach Over Superfund Sites: GAO

    The U.S. Environmental Protection Agency lacks data about how Superfund sites affect tribes and needs to improve how it consults with them for cleanups at those sites, according to a U.S. Government Accountability Office report released Friday.

  • February 22, 2019

    Feds Must Pay $103M For Nuke Waste Contract Breaches

    A U.S. Court of Federal Claims said Thursday the federal government owes $103.3 million to a trio of nuclear power companies for not fulfilling its contractual obligation to dispose of radioactive waste.

  • February 22, 2019

    Timber Rep Can't Halt Criminal Case At Ill. High Court

    A man found guilty of unlawfully representing several timber buyers in purchasing deals must use the post-trial and appellate process available to him before asking the Illinois Supreme Court to prohibit his trial judge from sentencing him, the high court ruled Friday.

  • February 21, 2019

    US-Calif. Emission Talks Breakdown Could Spark Legal War

    The Trump administration on Thursday dramatically ended negotiations with California over a controversial proposal to roll back greenhouse gas emissions standards for automobiles and revoke the Golden State’s special permission to craft its own limits, setting the stage for an imminent legal battle royale.

  • February 21, 2019

    Tribal Members Seek Class Cert. In Pipeline Trespass Suit

    Members of the Three Affiliated Tribes asked a Texas federal judge Wednesday to certify a class of landowners who say a Marathon Petroleum Corp. affiliate trespassed on their property by building a crude oil pipeline on a North Dakota reservation without their consent.

  • February 21, 2019

    Mont. Judge Tosses NEPA Suit Over Yellowstone Bison

    A Montana federal judge has tossed a suit by a conservation group claiming the federal and state governments failed to conduct additional National Environmental Policy Act review for bison management near Yellowstone National Park, saying the group hadn’t shown a tribe’s hunting plan should trigger such a review.

  • February 21, 2019

    BLM Tells 9th Circ. Tribe Is Wrong On Geothermal Leases

    The Bureau of Land Management told the Ninth Circuit that a lower court was wrong when it required the federal government to do additional review before extending geothermal leases, arguing a California tribe offered "a series of different, mutually inconsistent arguments" in support of the ruling.

  • February 21, 2019

    Bankrupt Banro Corp. Dodges US Suit Over Congo Operations

    Canada's Banro Corp. won't face a suit in New York federal court alleging the mining company lied to investors about its operations in the Democratic Republic of Congo after a judge ruled Thursday that those claims were resolved last year in bankruptcy proceedings in Canada.

  • February 21, 2019

    Wind Developer Says It Was Stiffed On $19.2M Project Fee

    Developers of a Wyoming wind project on Wednesday sued the Canadian renewable energy company that bought the project in New York federal court, saying it failed to pay a $19.2 million development fee once construction began last August.

  • February 21, 2019

    Energy Cos. Say Bankruptcy Nixes Coal Ash Pollution Claims

    Two energy companies told a Pennsylvania federal judge that a suit over coal ash dust pollution should be thrown out because the matter should have been aired in bankruptcy court, arguing the plaintiffs forfeited their claims when they ignored those proceedings.

  • February 20, 2019

    Energy Co. Seeks To Cancel Contracts With Bankrupt PG&E

    A renewable energy provider has asked a California bankruptcy court for permission to terminate its contracts with Pacific Gas and Electric Co., saying its agreements to provide the utility with future power is a commodity contract exempt from the bankruptcy stay.

Expert Analysis

  • 3 Lessons From A Crypto Mock Trial

    Author Photo

    We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

  • New 'Buy American' Challenges For Suppliers, Contractors

    Author Photo

    Last month, President Donald Trump signed an executive order expanding the types of infrastructure projects subject to Buy American requirements. Keeping in mind that the order must be interpreted consistent with current law, it raises several issues worthy of note, say attorneys at Akin Gump Strauss Hauer and Feld LLP.

  • Q&A

    A Chat With McDermott COO John Yoshimura

    Author Photo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

  • Expect New Chemical Safety Board Reporting Regs By Fall

    Author Photo

    Since its inception, the U.S. Chemical Safety and Hazard Investigation Board has not issued accidental chemical release reporting regulations. However, after a recent court order from a D.C. federal judge in Air Alliance Houston v. CSB, the board might just find itself reporting for duty after all, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    The Problem With 'Optimal' Diversity

    Author Photo

    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • Opinion

    Gov't Opioid Suits Hide Attorneys' Personal Interests

    Author Photo

    Personal injury lawyers have set their sights on America’s pharmaceutical companies and opioid distributors, which they blame for a national health crisis. The cases these lawyers initiate may bear the names of states and municipalities, but are driven by law firms' pursuit of huge contingency fees, says Sherman Joyce of the American Tort Reform Association.

  • Climate Change And Insurance: Increasing Foreign Lawsuits

    Author Photo

    The amount of climate-related litigation outside the United States is growing. While these cases are not all headline-grabbing actions against large emitters, they are equally important for the insurance industry to monitor, say Jason Reeves and Deepa Sutherland of Zelle LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

    Author Photo

    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

    Author Photo

    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Retailers At Risk From New Glyphosate Liability Theories

    Author Photo

    As Monsanto faces the first bellwether trial in the federal multidistrict litigation over its herbicide glyphosate, consumer groups' pursuit of other companies in the glyphosate supply chain and scientific debate over the chemical's toxicity mean that more lawsuits are likely, say attorneys with Hunton Andrews Kurth LLP.