Environmental

  • January 28, 2010

    Harbor Law Applies In SF Bay Crash Insurance Case

    A federal judge has granted summary judgment to The Continental Insurance Co. on a federal-state preemption issue in the insurer's suit seeking payment for more than $315,000 it spent defending a pilot whose ship hit the San Francisco-Oakland Bay Bridge in 2007, causing an oil spill.

  • January 28, 2010

    Green Groups Sue Over Proposed Navy Training Site

    Environmental groups filed suit on Thursday to challenge the U.S. Navy’s decision to build a $100 million undersea warfare training range next to a known habitat for the endangered North Atlantic right whale.

  • January 28, 2010

    Union Pacific Settles With US Over Utah Fire

    Union Pacific Railroad Co. and the U.S. government have cut a deal to end a dispute over the company's alleged negligence in connection with a Utah fire in 2004 that destroyed 1,968 acres of federal land.

  • January 28, 2010

    EPA Deal Likely To Save Elan Millions In Fines

    The U.S. Environmental Protection Agency has asked a federal court to approve a consent decree settling its allegations of hazardous waste law violations against Elan Chemical Company Inc., potentially saving the company hundreds of millions of dollars in statutory fines.

  • January 28, 2010

    DuPont Ordered To Pay $2M For Niagara Plant Cleanup

    In a nearly three-decade-long case over the cleanup of the area around three chemical plants in Niagara Falls, N.Y., a federal judge has ordered DuPont Co. to pay Solvent Chemical Co. Inc. $2.05 million to cover part of the remediation.

  • January 28, 2010

    Wind Farm Scales Back To Save Endangered Bat

    After reaching a settlement with environmental groups seeking to beef up regulations for alternative energy projects, a West Virginia wind farm has reduced its size and dropped its appeal of a district court ruling that ordered the development to remain incomplete for fears it would harm the endangered Indiana bat.

  • January 28, 2010

    Corps Of Engineers Gets OK To Dredge Delaware River

    A federal judge has given the U.S. Army Corps of Engineers the green light to deepen a portion of the Delaware River, denying a request from Delaware state authorities to stop the project.

  • January 28, 2010

    Hartford Seeks To Narrow Claims In Doe Run Suit

    Two Hartford Financial Services Group Inc. insurance units have asked a federal judge to declare that the underlying bodily injury claims in an insurance dispute with lead producer Doe Run Resources Corp. arose from pollutants, a move that the insurer says would narrow the focus of litigation.

  • January 27, 2010

    Chromatex Counterclaim Names Valmont In Enviro Spat

    Turning the tables on its accusers in a spat over liability for cleanup of a Pennsylvania Superfund site, manufacturer Chromatex Inc. has lodged a counterclaim against members of The Valmont Group, saying contamination of hazardous waste at the site occurred when Valmont owned it.

  • January 27, 2010

    SEC Backs Climate Change Guidance For Public Cos.

    In a move championed by certain shareholder activists and environmental groups, a divided U.S. Securities and Exchange Commission voted Wednesday to provide public companies with interpretative guidance on existing disclosure requirements as they relate to climate change.

  • January 27, 2010

    Calif. Farms Take Smelt Ruling To 9th Circ.

    A group of California farms has appealed a federal judge's ruling that the Commerce Clause of the U.S. Constitution does not limit the U.S. Fish and Wildlife Service's authority to apply the Endangered Species Act to a species of smelt that is only found in one state and has no commercial value.

  • January 27, 2010

    Pollution Exclusion Frees Lloyd's From Coal Plant Suit

    A federal judge has ruled that Lloyd's of London does not have to defend or indemnify a Kentucky coal processing facility against most of the claims of a personal injury and property damage suit because the pollution exclusion of the insurance policy provides the insurer immunity from the underlying claims.

  • January 27, 2010

    Wash. State Adds Teeth To Runoff Pollution Controls

    Ending a yearlong legal challenge to a Washington State Department of Transportation permit governing the management of the state's highway system, state officials and local conservation advocates have come to terms on a settlement that will beef up state-funded projects improving stormwater infrastructure to reduce pollution caused by rainwater runoff.

  • January 27, 2010

    EPA Beefs Up Simplot Superfund Cleanup Plan

    The U.S. Environmental Protection Agency has strengthened the cleanup plan for the Eastern Michaud Flats Superfund site, a move that will require the active J.R. Simplot Co. facility there to make serious changes to its operations.

  • January 27, 2010

    Green Group Seeks To Intervene In CAA Suit V. PG&E

    Communities for a Better Environment has moved to intervene in the U.S. Environmental Protection Agency's suit against Pacific Gas and Electric Co. over the utility's failure to obtain a permit before operating a new facility, maintaining that a proposed settlement does not require the minimum that the Clean Air Act mandates to protect public health.

  • January 26, 2010

    9th Circ. Kills UFW Pesticide Case

    Citing jurisdictional grounds, a federal appellate court has upheld the dismissal of a case brought by the United Farm Workers of America against the U.S. Environmental Protection Agency over continued use of the pesticide azinphos-methyl.

  • January 26, 2010

    Maryland Seeks Ruling In Suit Over LNG Project

    Maryland's Department of the Environment has asked a court to vacate the U.S. Department of Commerce's approval of the controversial AES Sparrows Point LNG Terminal and Mid-Atlantic Express Pipeline Project, a decision Maryland argues Commerce made without essential information.

  • January 26, 2010

    In-House Counsel Name Favorite Litigators

    Litigators named by corporate counsel in a new report for providing excellent client service all seem to share one trait: a profound knowledge of their clients' businesses and goals.

  • January 26, 2010

    Barrick Asks Court To Keep Cortez Mine Open

    Mining company Barrick Gold Corp. has asked a district court for a limited injunction allowing it to keep working on its Cortez Hills mining project in Nevada while the U.S. government conducts further environmental reviews, which a federal appeals court ordered last year after hearing a challenge to the project by a group of Indian tribes.

  • January 26, 2010

    Wells Fargo Cleanup Spat Moves To State Court

    Harwood Investment Co. has dropped a federal environmental suit over cleanup costs stemming from hazardous chemical spills and a fire at a California sawmill that occurred after defendant Wells Fargo Bank NA took control of the property in order to sell off equipment.