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Environmental

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Enviros Sue Feds For More Orca Protection

    Environmentalists have launched a federal court suit against the National Marine Fisheries Service that alleges the agency has failed to reassess the critical habitat area for the endangered Southern Resident killer whale — a species they said now numbers less than 100.

  • August 16, 2018

    Tribes Allowed To Intervene In Small-Cell Rule Challenges

    The D.C. Circuit on Thursday allowed several tribes to intervene in combined challenges to a Federal Communications Commission rule that exempts from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

  • August 16, 2018

    Plants’ Poor Planning Caused Extra Pollution After Harvey

    Hurricane Harvey caused 8.3 million pounds of additional air pollution to be released from refineries and industrial plants, a total made worse by delays in shuttering some Houston-area facilities, according to a report released Thursday by the Environmental Integrity Project.

  • August 16, 2018

    NJ Man Charged With Illegal Import Of Scorpions, Millipedes

    A New Jersey man was arrested for allegedly smuggling shipments of live scorpions, millipedes and other invertebrate species into the U.S., Craig Carpenito, the U.S. attorney for the District of New Jersey, announced Thursday.

  • August 16, 2018

    4th Circ. Refuses Request To Halt Atlantic Coast Pipeline

    The Fourth Circuit has denied a request by environmental groups to halt construction on the 600-mile Atlantic Coast gas pipeline until the U.S. Fish and Wildlife Service can act on a permit, deciding that “such extraordinary relief is not needed at this time.”

  • August 16, 2018

    Monsanto's $289M Roundup Loss Ripples Across Industries

    A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly.

  • August 16, 2018

    Enviros Urge 9th Circ. To Revive Yuba River Fish Lawsuit

    Environmentalists have urged the Ninth Circuit to revive their lawsuit against the U.S. Army Corps of Engineers and National Marine Fisheries Service that had alleged the federal entities failed to properly protect at-risk fish that live near two dams in the northern part of California.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    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 Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 16, 2018

    China Takes Broad WTO Swipe At US Clean Energy Rules

    The Chinese government has filed a pair of World Trade Organization cases challenging U.S. safeguard tariffs on solar panels as well as a series of state-level renewable energy rules that allegedly discriminate against foreign companies, according to WTO documents published Thursday.

  • August 15, 2018

    State Dept. Must Do New Study For New Keystone XL Route

    A Montana federal judge Wednesday ordered the U.S. Department of State to supplement an environmental review it submitted for an old version of the Keystone XL pipeline’s planned route through Nebraska, while declining to vacate the permit of approval issued by President Donald Trump.

  • August 15, 2018

    10th Circ. Says NM Water Deal Objectors Lack Standing

    The Tenth Circuit on Wednesday said that objectors to a final judgment issued by a lower court in a water rights deal between New Mexico, four pueblos and the city and county of Santa Fe do not have standing, because they could not demonstrate injury.

  • August 15, 2018

    Calif. Court Rejects Enviros' Bid To Close Injection Wells

    A California state appeals court on Tuesday denied the Center for Biological Diversity's petition to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers, finding that the Safe Drinking Water Act does not require such an action.

  • August 15, 2018

    US Trustee Backs Ex-CEO's Bid To Convert Level Solar Ch. 11

    The ousted former CEO of Level Solar Inc.’s long-simmering bid to convert the defunct residential solar company’s Chapter 11 bankruptcy to a Chapter 7 liquidation began heating up again on Wednesday, as the federal bankruptcy watchdog echoed his concerns while a creditor objected to them.

  • August 15, 2018

    Mintz Levin Snags Ex-Jeffer Mangels Enviro Pro In Calif.

    Mintz Levin Cohn Ferris Glovsky and Popeo PC strengthened its San Francisco office with the hire of a former Jeffer Mangels Butler & Mitchell LLP attorney who will bring to the firm his experience in dealing with California’s prevailing wage statute in addition to environmental and land use law.

  • August 15, 2018

    Energy Dept. Promises $9M For Tribal Energy Projects

    The U.S. Department of Energy said Wednesday it would supply more than a dozen energy projects on tribal lands with nearly $9 million, claiming it is the first time the agency has conducted the process on an "entirely fuel and technology-neutral basis.”

  • August 15, 2018

    Navajo Will Oversee 12 More Drinking Water Systems: EPA

    The U.S. Environmental Protection Agency announced Wednesday that it has given the Navajo Nation greater authority over its public drinking water network, saying the southwestern tribe will now oversee an additional dozen systems.

  • August 15, 2018

    Housing Agency Must Face New Yorkers' Suit Over Lead Paint

    The New York City Housing Authority, Mayor Bill de Blasio and other city officials must face allegations that they flouted federal housing law by failing to inspect or fix lead paint in public housing, but not claims that they violated the residents' constitutional rights, a New York federal judge has ruled.

  • August 15, 2018

    Suniva Can Move Forward With Creditor Equipment Eviction

    Bankrupt solar cell maker Suniva Inc. can begin eviction proceedings against its largest unsecured creditor after a Delaware judge denied the creditor's bid Wednesday for a temporary restraining order that would have allowed its production equipment to remain in the debtor's Georgia facility.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Top 5 NDAA Provisions On Energy And The Environment

    Rachel Jacobson

    On Monday, President Donald Trump will sign the 2019 National Defense Authorization Act. Buried deep within these acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy, say Rachel Jacobson and Matthew Ferraro of WilmerHale.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.