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Environmental

  • October 18, 2018

    Zinke Touts New Moves On Offshore Wind Development

    The U.S. Department of the Interior will hold an offshore wind auction off the Massachusetts coast in December and is developing a first-ever Pacific offshore wind auction in California, Secretary of the Interior Ryan Zinke said Wednesday.

  • October 18, 2018

    Enviros' Challenge To Wis. Highway Project Tossed

    A Wisconsin federal judge on Thursday threw out a challenge by two environmental groups to a Wisconsin highway project, finding no reversible fault with the state and federal government’s review.

  • October 18, 2018

    Enviros Sue Trump Admin. Over Border Wall Exemptions

    A coalition of environmental groups filed suit in D.C. federal court on Thursday against the U.S. Department of Homeland Security accusing it of improperly waiving a slew of laws and environmental protections so it can build 24.6 miles of border wall in two counties in Texas.

  • October 18, 2018

    Fiat Chrysler Slams Drivers' Expert In EcoDiesel MDL

    Fiat Chrysler has urged a California federal judge to reject a bid by consumers to use what the company says is “flawed and unreliable” expert testimony to pursue class certification in multidistrict litigation alleging the company defrauded consumers into buying Jeep and Ram diesel vehicles outfitted with emissions-cheating devices.

  • October 18, 2018

    US Presses High Court Again To End Kids' Climate Suit

    The federal government on Thursday again urged the U.S. Supreme Court to toss a youth lawsuit accusing it of failing to protect future generations from climate change, in a last-ditch effort to stave off a landmark trial that is less than two weeks away.

  • October 17, 2018

    French Renewable Energy Provider Neoen Prices €628M IPO

    French renewable energy firm Neoen SA began trading on Paris' Euronext market in a €628 million ($722 million) initial public offering Wednesday, marking the largest offering in more than a year on the Paris exchange and the biggest in the European renewable energy space so far in 2018.

  • October 17, 2018

    Calif. Court Sides With State In Coastal Land Planning Row

    A California appeals court sided against a local landowners group that had argued several provisions in a city's coastal plan for land use violated state law and the constitution, deciding on Wednesday that many of the claims were brought through an improper procedure.

  • October 17, 2018

    Enviros Sue FWS To Protect 550,000 Acres Of Bird's Habitat

    The Center for Biological Diversity on Wednesday sued the U.S. Fish and Wildlife Service for allegedly violating the Endangered Species Act by failing to designate about 550,000 acres of critical habitat in nine states for the western yellow-billed cuckoo.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Wash. Climate Suit Against Big Oil Stayed Amid Appeal

    A Washington federal judge on Wednesday halted King County, Washington's suit seeking to hold "Big Oil" liable for climate change-related infrastructure damage until the Ninth Circuit rules on an appeal of the dismissal of similar suits lodged by Oakland and San Francisco.

  • October 17, 2018

    Bosch Presses Bid To Sink Ford Pickup Truck Emissions Suit

    Auto parts supplier Robert Bosch LLC told a Michigan federal court Tuesday that consumers alleging it helped Ford Motor Co. rig 500,000 heavy-duty trucks to cheat emissions tests cannot try to use a recent California ruling in a Volkswagen case to keep alive their racketeering and fraud claims.

  • October 17, 2018

    Pa. Exceeded Legal Authority With Fracking Rules, Panel Told

    Pennsylvania's Department of Environmental Protection overstepped its regulatory authority by imposing rules on hydraulic fracturing that went beyond what the state allowed in its oil and gas law, an attorney for the Marcellus Shale Coalition argued before the Commonwealth Court of Pennsylvania on Wednesday.

  • October 17, 2018

    Top House Armed Services Dem Rips Trump Coal Export Plan

    The U.S. House Armed Services Committee’s senior Democrat attacked President Donald Trump's reported proposal to use military bases to export coal from the West Coast to Asia, saying it would make an end run around environmental regulations and could threaten military readiness.

  • October 17, 2018

    EPA's Science Review, Truck Emissions Rules On Back Burner

    The Trump administration has indicated it will delay the U.S. Environmental Protection Agency's controversial proposal to avoid rulemaking based on research that isn't publicly available and indefinitely shelve the EPA's repeal of Obama-era emissions standards for heavy-duty trucks outfitted with engines from older trucks.

  • October 17, 2018

    Spain Says EU Court Order Dooms Energy Co.'s €53M Award

    Spain urged a D.C. federal court to scrap a renewable energy investor's bid to enforce a €53.3 million ($61.3 million) award issued against the country after it overhauled its solar energy policies, saying the award was suspended after Europe's top court ruled certain arbitration clauses are incompatible with European Union law.

  • October 17, 2018

    Enviros Sue For Info On Massive LA County Development

    The Center for Biological Diversity filed a lawsuit Tuesday alleging Los Angeles County has illegally withheld documents related to the proposed 19,000-home Centennial development, asking a California state court to force the county's hand.

  • October 16, 2018

    Energy Exec Who Hired Percoco's Wife Gets 14 Months

    Energy executive Peter Galbraith Kelly Jr., who struck a plea deal after a jury split on charges that he bribed Joseph Percoco by giving his wife a "low-show" job, was sentenced to 14 months behind bars on Tuesday in a decision meant to send a warning to lobbyists across the country.

  • October 16, 2018

    Insurer Owes Hotel After Carbon Monoxide Leak: 10th Circ.

    The Tenth Circuit ruled Tuesday that a hotel has the right to insurance coverage after a carbon monoxide leak, overruling the insurer’s argument that the accident triggered an exclusion concerning “qualities or characteristics of indoor air.”

  • October 16, 2018

    Maxus Ch. 11 Asset Stripping Arguments Set For December

    A motion asking a Delaware bankruptcy judge to abstain from an asset stripping case by former Chapter 11 debtor Maxus Energy Corp. against Argentine parents YPF SA and Repsol SA will be heard simultaneously with defendants' motion to dismiss the case after the judge said Tuesday that there would be no point in accelerating the abstention arguments.

  • October 16, 2018

    San Jacinto River Authority Claims Immunity In Takings Row

    Houston-area homeowners who allege that the San Jacinto River Authority’s actions that flooded their property in the wake of Hurricane Harvey were unconstitutional “takings” have not done enough to waive governmental immunity, the agency told a Texas appellate panel in oral arguments Tuesday.

Expert Analysis

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.

  • 6th Circ. Creates Deep Divide Over Reach Of CWA

    Anthony Cavender

    Despite the Clean Water Act's long history, recent decisions from the federal appellate courts — including two opinions from the Sixth Circuit last month — have raised new questions about several issues that once seemed settled, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • How The Affordable Clean Energy Rule Impacts Oil And Gas

    Carroll McGuffey

    The U.S. Environmental Protection Agency’s proposed replacement for the Clean Power Plan, dubbed the Affordable Clean Energy rule, is now open for comment. The rule could cost the coal industry and coal-fired power plants millions, but there are a number of elements that the oil and gas industry must consider as well, says Carroll McGuffey of Troutman Sanders LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • NJ Order Gives Offshore Wind A Firmer Footing

    H. David Gold

    Earlier this year, New Jersey Gov. Phil Murphy signed legislation strengthening the state's offshore wind power goals. Last month, his administration issued the largest offshore wind energy solicitation of any state to date, giving the industry a strong foundation in New Jersey, say attorneys at WilmerHale.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.