• March 16, 2018

    Tribal Groups Blast FCC Plan To Ease Wireless Buildout

    Two tribal groups hinted at potential legal action in comments filed Thursday with the Federal Communications Commission that blasted its proposal to roll back environmental and historic site reviews for small wireless infrastructure deployment in the race to roll out 5G services.

  • March 16, 2018

    Enviros Demand Feds Designate Humpback Critical Habitat

    A coalition of Native-led and environmental organizations filed suit Thursday against the National Marine Fisheries Service, alleging it has not acted quickly enough to designate critical habitat to protect three distinct populations of humpback whales that are endangered or threatened.

  • March 16, 2018

    Fiat Chrysler, Bosch Must Face EcoDiesel Emissions MDL

    Fiat Chrysler and Bosch must face consumers’ fraud and racketeering claims in multidistrict litigation in California over Jeep and Ram diesel trucks allegedly outfitted with emissions-cheating devices, a federal judge ruled late Thursday.

  • March 16, 2018

    Pa. Revenue Agency Asserts $3.8B Tax Claim In PES Ch. 11

    Pennsylvania revenue officials lodged a preemptive $3.8 billion tax claim against bankrupt Philadelphia Energy Solutions LLC on Friday, along with an objection to the big refinery’s prepackaged, high-speed Chapter 11 reorganization.

  • March 16, 2018

    Calif. Climate Suits Sent Back To State Court In Fed Split

    A California federal judge Friday sent back to state court climate change torts lodged by a trio of municipalities against dozens of oil, gas and coal companies, creating a split with another judge who’s said similar suits filed by San Francisco and Oakland belong in federal court.

  • March 16, 2018

    Colonial Pipeline To Put Up $3.3M In Ala. Gas Spill Settlement

    Colonial Pipeline Co. has agreed to a $3.3 million settlement with Alabama to resolve claims related to gasoline pipeline ruptures and other releases in the state, the Alabama attorney general’s office said Thursday.

  • March 16, 2018

    Trade Group Says EPA's Delay Of Rules Boosts Safety

    Opponents of a risk management rule for chemicals on Friday urged a D.C. Circuit panel to quash an effort by environmental groups to force the U.S. Environmental Protection Agency to implement the Obama-era regulations, saying the rules could threaten national security.

  • March 16, 2018

    Troutman Nabs Ex-Van Ness Feldman Hydropower Pro

    Troutman Sanders LLP has snagged a partner from Van Ness Feldman for its energy practice who has more than 20 years of expertise in the hydropower sector and will work from its Washington, D.C., office.

  • March 16, 2018

    Sunoco Faces Class Action Over Pa. Pipeline Work Damage

    The owners of two suburban Philadelphia homes launched a class action against Sunoco Inc. on Thursday alleging that construction of the company’s controversial Mariner East 2 pipeline caused significant property damage and left them at risk of possible catastrophic explosion.

  • March 16, 2018

    DC Circ. Shuts Down Part Of EPA Boiler Rule

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency did not adequately justify its decision to raise allowable carbon monoxide emission levels from industrial boilers, a win for environmentalists that challenged the move.

  • March 16, 2018

    5th Circ. Lifts Block On La. Pipeline Project Amid Appeal

    A divided Fifth Circuit panel on Thursday unfroze construction of a crude oil pipeline connected to the controversial Dakota Access pipeline while a Louisiana federal judge's injunction is appealed, with the majority saying it appears that the injunction shouldn't have been granted.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

  • March 16, 2018

    Taxation With Representation: EY, Skadden, Slaughter

    In this week’s Taxation With Representation, Experian bought ClearScore for $385 million, SJW Group and Connecticut Water Service merged in a $750 million deal and Legal & General Group acquired the remaining stake of Cala Homes for $884.7 million.

  • March 15, 2018

    5th Circ. Affirms 2 Convictions In BP Oil Spill Fraud Case

    The Fifth Circuit on Wednesday upheld the convictions of two consultants accused of inflating the number of claimants in a $2.3 billion settlement in the BP PLC Deepwater Horizon litigation, rejecting their argument that a separate trial was necessary after the other defendants turned on them.

  • March 15, 2018

    Perry Admits DOE Budget Cuts Face Long Odds In Congress

    Energy Secretary Rick Perry on Thursday defended proposed cuts in the U.S. Department of Energy's 2019 budget plan from skeptical House appropriators, but admitted some reductions were legislative long shots, including the elimination of research and development programs and a plan to privatize federal hydroelectric power systems.

  • March 15, 2018

    Finances Limit Owner's Liability For Plugging Wells: Pa. Court

    A Pennsylvania appellate court ruled on Thursday that the owner of an oil and gas company could not be held liable for the company’s failure to seal off all of its abandoned oil and gas wells, despite notices of violation from the state’s Department of Environmental Protection, because the company did not have the financial resources to do so.

  • March 15, 2018

    Atlantic Richfield To Pay $3M For Ariz. Mine Cleanup Costs

    Atlantic Richfield Co. has agreed to reimburse the U.S. Environmental Protection Agency $3 million for past response costs at the Anaconda Copper Mine Site in Nevada, according to a prepublication notice posted on the Federal Register's website on Thursday.

  • March 15, 2018

    Army Corps Faces Trial In $300M Missouri River Flooding

    A Court of Federal Claims judge on Tuesday ruled that the U.S. Army Corps of Engineers’ projects on the Missouri River caused serial flooding of private landowners’ property, clearing the way for a trial over an estimated $300 million in damages.

  • March 15, 2018

    Feds To Revisit Critical Habitat Rules To Settle States' Suit

    An Alabama federal judge on Thursday agreed to dismiss a challenge brought by a coalition of largely right-leaning state attorneys general against Endangered Species Act rules governing critical habitat designations after the federal government agreed to reconsider them, the Arkansas Attorney General’s office said.

Expert Analysis

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Will UN Electric Vehicle Regs Live Up To Billing?

    Anurag Maheshwary

    Aspiring to close the gaps between differences in American, European and Chinese approaches to regulating electric vehicle safety, the United Nations recently completed development of a Global Technical Regulation. Anurag Maheshwary, an attorney at the U.S. Department of Justice, reviews the notable features of the GTR and explores its impact on improving safety compared to existing regulations.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.

  • FERC Has Options If Court Pulls Pipeline Certificates

    Randall Rich

    The D.C. Circuit recently denied petitions for rehearing filed by the Federal Energy Regulatory Commission and a group of pipeline companies, and might soon vacate FERC’s orders authorizing the Florida Southeast Connection pipelines. FERC and the pipeline operators face the question of how and whether the pipelines could keep operating without certificates, says Randall Rich of Pierce Atwood LLP.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • Cannabis’ CEQA Challenge

    Tyler Welti

    Regulating cannabis raises California Environmental Quality Act review obligations of unprecedented scale. Focusing primarily on commercial cannabis cultivation, Tyler Welti of Venable LLP looks at some emerging CEQA risks facing both cannabis businesses seeking permits and public agencies seeking to permit or ban commercial cannabis.

  • West Coast 'Super Tort' PCB Suits Have Staying Power

    Gary Smith

    Increasingly, municipalities and states are pursuing public nuisance theories against product manufacturers and distributors. Actions filed by West Coast municipalities and states over the past three years against polychlorinated biphenyl manufacturer Monsanto continue to progress through the courts, say Gary Smith and Casey Clausen of Beveridge & Diamond PC.