Environmental

  • August 18, 2009

    1 Of 2 Claims Dumped In Chevron Oil Spill Suit

    A federal judge has tossed half of an environmental lawsuit accusing Chevron USA Inc. of failing to clean up a million gallons of crude oil the energy giant allegedly spilled at one of its Alabama refineries.

  • August 17, 2009

    8th Circ. Moots Mining Co. Emissions Injunction

    A federal appeals court panel affirmed Monday that an injunction related to emissions against Northshore Mining Co. had been effectively incorporated into state administrative law, and that it therefore no longer had any force or effect.

  • August 17, 2009

    Pipeline, Operators To Pay $4M Over Ammonia Spills

    Magellan Ammonia Pipeline LP and two of its former operating firms have agreed to pay a $3.65 million civil penalty, and Magellan will spend an additional $550,000 for improvements to its pipeline system, to settle allegations of environmental violations related to two separate 2004 anhydrous ammonia spills.

  • August 17, 2009

    Australian Government Breaks Up Climate Change Bill

    The Australian government has backed down under pressure from opponents and agreed to split in two a historic climate change bill, in an effort to break a deadlock in the Senate and push through a portion of the legislation as early as this week.

  • August 17, 2009

    9th Circ. Sides With EPA In Goodrich CERCLA Spat

    A federal appeals court has upheld the dismissal of Goodrich Corp.'s suit challenging a U.S. Environmental Protection Agency unilateral administrative order over a California site the company allegedly contaminated, citing lack of jurisdiction.

  • August 17, 2009

    Ohio Edison To Re-Power Plant With Biomass Fuels

    Ohio Edison, a subsidiary of FirstEnergy Corp., has agreed to re-power a coal-fired power plant in eastern Ohio using mostly renewable biomass fuels under recent changes to a consent decree with state and federal authorities.

  • August 17, 2009

    Boston Told It Can't Enforce Hybrid Taxi Rule

    The city of Boston cannot enforce a rule effectively requiring its taxi fleet to be made up of new hybrid-powered vehicles by 2015, a federal judge has ruled, handing a victory to a taxi operators association that contested the new regulation.

  • August 17, 2009

    Q&A With Baker Botts' Pam Giblin

    CERCLA has long been an area needing relief from the Kafka-like application of arranger liability and allocation formulas, and new source review under the Clean Air Act is still much more complicated than it needs to be, says Pam Giblin, chair of Baker Botts LLP's environmental department.

  • August 14, 2009

    Australian Senate Rejects Carbon Trade Bill

    Australia's parliament reportedly has voted down the government's historic climate change bill that aimed to reduce carbon pollution by up to 25 percent, setting the stage for a possible early election.

  • August 14, 2009

    Century Indemnity Can't Get Bad Faith Claims Nixed

    A judge has rejected Century Indemnity Co.'s bid for summary adjudication of plaintiff Montrose Chemical Corp. of California's bad faith claims and demand for punitive damages, in a case where Montrose alleges the insurer schemed to get out of funding Montrose's defense in two toxic tort suits in Texas.

  • August 14, 2009

    EPA Needs Better Info On Superfund Costs: GAO

    Superfund litigation dropped from 1994 to 2007 as the vast majority of actions brought by the U.S. Environmental Protection Agency yielded deals worth nearly $30 billion, but the agency needs to provide better data on cleanup costs to help Congress decide how much money the program should receive in the future, the U.S. Government Accountability Office said Friday.

  • August 14, 2009

    Q&A With Buchanan Ingersoll's Jim O'Toole

    The billable hour is not altogether dead. Life support can be found in the form of lawyers setting and being accountable for legal budgets and developing clearly delineated and mutually agreed upon legal strategies, says James O'Toole Jr., chair of Buchanan Ingersoll & Rooney PC's environmental and toxic tort practice group.

  • August 14, 2009

    9th Circ. Again Rules Logging Plan Should Be Halted

    A federal appeals court has reconsidered its previous ruling in favor of the Natural Resources Defense Council and other environmental groups over a U.S. Forest Service plan for logging in the Sierra Nevada, but again found that a district court abused its discretion when deciding not to preliminarily enjoin the rule.

  • August 14, 2009

    USDA Appeals Roadless Rule Ban To 10th Circ.

    The U.S. Department of Agriculture has appealed a 2008 injunction overturning the Clinton administration's "roadless rule" within two weeks of a federal appeals court decision in a separate case reinstating the regulation protecting swaths of undeveloped areas in national forests from construction and logging.

  • August 13, 2009

    States Beef Up Guidance On Vapor Intrusion

    As state regulators turn their attention to the risks of vapor intrusion, the debate continues over how to evaluate potential exposure pathways and measure acceptable levels of toxic vapors in indoor air.

  • August 13, 2009

    Application Season Opens For Cleantech Tax Credit

    Applications will open Friday for the U.S. Department of the Treasury and Department of Energy's joint stimulus program offering up to $2.3 billion in investment tax credits to companies manufacturing advanced clean-energy and emission-reduction technologies and products.

  • August 13, 2009

    5th Circ. Sends Ensco Rig Debris Suit Back To Dallas

    A federal appeals court has upheld a lower court's decision to remand to a Texas county court a suit brought by drilling services company Ensco International Inc. against Lloyd's of London over coverage for $3.75 million in damages related to the cleanup of oil rig debris.

  • August 13, 2009

    CBD Sues Over Bush-Era Splittail Fish Delisting

    The Center for Biological Diversity has slapped the U.S. Fish and Wildlife Service with a lawsuit seeking to overturn a decision by the Bush administration to remove the Sacramento splittail fish’s endangered species status.

  • August 13, 2009

    US Off Hook In Lake Mich. Lead-Bullet CWA Case

    The Blue Eco Legal Council has lost its bid to overturn a district court's dismissal of its suit against the FBI, U.S. Department of Justice, Coast Guard and Navy for alleged environmental violations stemming from bullets fired into Lake Michigan from a government gun range.

  • August 13, 2009

    Exxon Pleads Guilty In 5 States' Bird Death Suits

    Exxon Mobil Corp. has pled guilty to violating U.S. provisions of wildlife treaties in the deaths of 85 protected birds across five central and Western states over the past five years.