Environmental

  • June 27, 2017

    BREAKING: EPA, Army Corps Move To Sink Clean Water Rule

    The U.S. Environmental Protection Agency and Army Corps of Engineers on Tuesday proposed rescinding an Obama-era rule defining the federal government’s permitting jurisdiction under the Clean Water Act that has drawn fire from critics who claim the rule improperly expanded the agencies’ authority.

  • June 27, 2017

    BP, Shell Want 2nd Circ. To Review MTBE Case Revival

    Shell Oil Co. and BP Products North America asked the Second Circuit on Monday to revisit its decision to revive the Orange County Water District’s groundwater contamination claims, arguing that the allegations are too similar to a suit settled with the county district attorney to be valid.

  • June 27, 2017

    Coast Guard Looks To Sink Wash. Tribes' Killer Whale Suit

    The U.S. Coast Guard on Monday urged a federal judge to toss a suit by two Washington tribes claiming that the service put endangered killer whales at risk by adopting a shipping traffic plan off the coast of the state, saying the suit comes too late and the tribes hadn’t shown any risk to the whales was likely enough to support their claims.

  • June 27, 2017

    Supreme Court Denies Cert In Transocean Investor Suit

    The U.S. Supreme Court said Tuesday it wouldn't hear an appeal of a Second Circuit decision that refused to revive a suit from Transocean investors who claimed they were deceived about company safety practices by the owner of the Deepwater Horizon drilling rig when Transocean merged with GlobalSantaFe Corp.

  • June 26, 2017

    Monsanto Can’t Nix Calif.’s Add Of Herbicide To Cancer List

    The California Supreme Court on Thursday rejected Monsanto Co.’s effort to stay a decision sending the herbicide glyphosate, a key ingredient in the company’s Roundup product, to the state’s list of cancer-causing chemicals, after a similar stay was rejected by a lower appeals court.

  • June 26, 2017

    U.S. Mayors Make Clean Energy Reliance A National Priority

    The U.S. Conference of Mayors concluded its annual meeting Monday in Miami Beach, Florida, by announcing its members voted unanimously to make a commitment to moving their cities toward 100 percent use of clean and renewable energy by 2035.

  • June 26, 2017

    Ga. Wants In On Suit Over Water Plan For River Basin

    Georgia asked Monday for permission to intervene in a suit challenging the environmental impact statements used to update the U.S. Army Corps of Engineers' plan to manage the Apalachicola-Chattahoochee-Flint River basin, arguing that the state should be involved in a case involving its water usage.

  • June 26, 2017

    Oil Cos. Blast Enviros' Bid To Block NM Drilling Permits

    The oil industry urged a federal court Friday to reject environmental groups’ bid for a quick win in their challenge to the U.S. Bureau of Land Management’s approval of more than 350 permits to drill in New Mexico’s Mancos Shale formation.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Calif. Appeals Court Orders Sewer System Enviro Review

    A California appeals court on Friday ordered an air quality district to complete an environmental review of a sewer system that manages oily water from a rail-to-pipeline transfer terminal owned by Plains All American Pipeline LP, reversing a lower court judgment that said no review was necessary.

  • June 26, 2017

    Court Won’t Stop Helicopter, Gun Use In Wis. Recreation Area

    A Wisconsin federal court on Monday declined an environmental group’s request to halt three high-impact uses of land at a recreational area, deciding that activities including helicopter training aren’t likely to cause permanent harm before the case can be heard on the merits.

  • June 26, 2017

    Divided Pa. House OKs Controversial Coal Mining Measure

    In a move blasted by Democrats as a giveaway to Consol Energy Inc. as the company faces a legal challenge over the environmental impact of its subsidiary’s coal mining operations, a divided Pennsylvania House of Representatives approved a bill Monday that would clarify standards for proving mine-related pollution.

  • June 26, 2017

    9th Circ. Asked For Full Review Of Blocked Logging Project

    A logging company and a union on Friday asked the full Ninth Circuit to rethink halting a harvesting project in Roseburg, Oregon, after environmental groups raised concerns over owl protection, saying the ability to bring nonagency appeals of remand orders shouldn’t be tied to whether the agency itself has moved for appellate review.

  • June 26, 2017

    8th Circ. Won't Revive Spiked $16M Easement Deduction

    A Missouri golf-course-owning partnership still can’t claim a $16.4 million IRS deduction for donating course land for conservation purposes after an Eighth Circuit panel sided with a U.S. Tax Court judge Monday in a published opinion agreeing that existing bank loans compromised the donation’s status as “in perpetuity.”

  • June 26, 2017

    Enviros Can't Score Win Against Exxon In Chemical Plant Suit

    A Louisiana federal judge on Friday refused to confirm that an environmental group has the right to pursue its lawsuit alleging Exxon Mobil Corp.’s Baton Rouge chemical plant violated the Clean Air Act, saying she needs more information before deciding the question.

  • June 26, 2017

    Top Senate Democrats Call To Lift Gov't Spending Caps

    Democratic Senate leaders urged their GOP counterparts to increase both defense and nondefense spending next year, positioning themselves for the latest fight over government funding in a process that is months behind schedule.

  • June 26, 2017

    Feds, Colorado Accuse Energy Co. Of CAA Violations

    The federal government and the state of Colorado on Monday hit PDC Energy Inc. with a lawsuit alleging unlawful emissions from storage tanks in the state in violation of the Clean Air Act.

  • June 26, 2017

    Texas Justices To Review Uranium Mine's Water Quality Deal

    The Texas Supreme Court on Friday agreed to review a uranium ore mining company’s argument it complied with a settlement to restore Kleberg County water wells to their pre-mining water quality, while the county contends URI used the wrong data to measure a well’s baseline quality.

Expert Analysis

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 2 Diverging Standards On Disclosing Interim Financial Info

    Kevin LaCroix

    With the Second Circuit's opinion in Stadnick v. Vivint Solar, we now have a situation where two federal appellate courts have promulgated differing standards to determine when companies making initial public offerings must disclose interim financial information. The question is whether we have a “split between the circuits” of the kind that might attract the attention of the U.S. Supreme Court, says Kevin LaCroix of RT ProExec.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How Pennsylvania Made Water System Sales Easier

    Thomas Wyatt

    The capital costs and regulatory requirements of providing safe and reliable water and wastewater service continue to increase. Pennsylvania's Act 12 provides a valuable new tool for municipalities wishing to monetize those assets and redeploy the proceeds, and the recent sale of New Garden Township's wastewater system is a case in point, say attorneys with Dilworth Paxson LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40

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    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Fix Market Distortions By Putting A Price On Carbon

    Kenneth Grant

    Secretary of Energy Rick Perry has criticized “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.” But the failure to account for the social costs of carbon emissions from fossil fuels is a market distortion that remains unaddressed, say Kenneth Grant and Charles Augustine of Compass Lexecon.