• June 18, 2009

    Q&A With Bingham's Rick Rothman

    The landscape of clean air law is going to change dramatically to take greenhouse gases into account, and this effort is already under way at both the state and federal level, says Rick Rothman, chair of Bingham McCutchen LLP's environmental practice group.

  • June 12, 2009

    Q&A With Morrison & Foerster's Susan Mac Cormac

    Once companies are required to measure their carbon output and disclose the results, there will be a considerable amount of legal work associated with representing and financing the companies that can track and verify carbon, says Susan Mac Cormac, co-chair of Morrison & Foerster LLP's venture capital/emerging companies group and the cleantech group.

  • June 29, 2009

    Q&A With McGuireWoods' Gordon Alphonso

    When one government entity decides to pursue a matter, then that entity alone should be required to go forward with that matter, as oftentimes there are multiple parties going after the same company for the same issue but with a different motive, says Gordon R. Alphonso, chairman of McGuireWoods LLP's land use and environmental department.

  • May 29, 2009

    Q&A With King & Spalding's Patricia Barmeyer

    In the area of environmental permitting, we need to level the playing field. With no significant detriment to appealing a permit through every possible stage provided by law, it's very difficult to have meaningful settlement discussions that might allow a project to go forward with agreeable modifications, says Patricia T. Barmeyer, head of King & Spalding LLP's environmental practice group.

  • June 10, 2009

    Q&A With Seyfarth's Philip Comella

    Although it is fashionable to predict a flood of global warming mass tort actions, it is more likely the next wave of litigation will be in the areas of greenhouse gas emission reporting laws, "greenwashing," environmental credit abuse or toxic torts related to permitted air emissions, says Philip Comella, chair of Seyfarth Shaw LLP's environmental, safety & toxic torts practice group.

  • May 26, 2009

    Q&A With Latham & Watkins' Robert Howard

    While not a traditional products case, the six-week criminal clean air act trial in United States v. San Diego Gas & Electric was the most challenging, as well as the most surreal, case of my career, says Robert M. Howard, co-chair of Latham & Watkins LLP's product liability, toxic torts and consumer class actions practice group.

  • June 1, 2009

    Q&A With King & Spalding's Andy Bayman

    The future likely holds more cases arising out of regulated products such as pharmaceuticals, medical devices and food products, as well as an upswing in environmental, toxic tort and lawsuits brought under the False Claims Act, says Andy Bayman, leader of King & Spalding LLP's tort litigation and environmental practice group.

  • June 19, 2009

    Q&A With Greenberg Traurig's Kerri Barsh

    The environmental permitting process needs streamlining — it's replete with redundancies and overlapping jurisdictions, and costly without commensurate environmental benefits, says Kerri L. Barsh, co-chair of Greenberg Traurig’s global environmental and land development practice.

  • May 26, 2009

    NRDC, Others Join Fray Over NY Cap-And-Trade

    Five environmental advocacy groups, including the Natural Resources Defense Council, have filed an amicus brief challenging Indeck Energy Service Inc.'s contention that a regional cap-and-trade system for power plants constitutes a tax that New York state administrative agencies don't have the power to levy.

  • June 3, 2009

    Q&A With Paul Hastings' Tom Mounteer

    The Obama administration is sending mixed messages. Clearly it has gone on record supporting comprehensive climate change legislation, yet it has also indicated it might try to regulate carbon emissions under the existing Clean Air Act — an approach few think preferable, says Thomas R. Mounteer, a leader in environmental compliance at Paul Hastings Janofsky & Walker LLP.

  • June 26, 2009

    Q&A With Gibson Dunn's Jeffrey Dintzer

    The latest wave of recently decided U.S. Supreme Court cases have reinforced a long-held view that CERCLA should be updated so that it is clearer and, as a result, more predictable, says Jeffrey D. Dintzer, co-chair of Gibson Dunn & Crutcher LLP's environmental litigation & mass tort practice group.

  • June 15, 2009

    Q&A With Debevoise & Plimpton's Sarah Fitts

    The stimulus package, along with other legislation relating to energy infrastructure, cap-and-trade, and research and development, and the new priorities of the U.S. Department of Energy, will trigger substantial investment in projects and opportunities similar to the early Internet days, says Sarah Fitts, co-chair of Debevoise & Plimpton LLP's energy & natural resources practice group.

  • May 27, 2009

    Q&A With Hunton & Williams' F. William Brownell

    Environmental law has become so extensive and complex that regulations, like enabling legislation, may be written without necessary precision in order to defer tough decisions. We need greater clarity in how environmental regulations are written, interpreted and enforced, says F. William Brownell, chair of Hunton & Williams LLP's environmental practice group.

  • May 22, 2009

    Wis. Residents Hit Ethanol Plant With CAA Claims

    A group of Wisconsinites has sued the companies that run a milling and ethanol plant in Cambria, Wis., over alleged pollution and violations of the Clean Air Act at the site, which the group argues has had an adverse impact on town residents.

  • May 22, 2009

    Wash., Tribes, Feds Settle Suit With Oil Waste Co.

    A slew of plaintiffs including Washington state and two Indian tribes have asked a judge to approve a deal settling charges that the operator of an oil waste reclamation facility polluted a bay that the U.S. has spent $2.9 million analyzing for environmental damage.

  • May 22, 2009

    Broad Climate Bill Clears House Energy Committee

    After a contentious four-day markup session, U.S. House of Representatives Energy and Commerce Committee chairman Henry Waxman, D-Calif., has scored the first victory for his massive climate change bill, co-sponsored by Rep. Ed Markey, D-Mass., clinching first-ever House committee approval for a bill to regulate carbon dioxide.

  • May 21, 2009

    AIG Units Seek To Toss Suit Over Oil Plant Cleanup

    Several subsidiaries of American International Group Inc. have asked a federal judge to throw out a lawsuit by Petroleum Products Inc. and Bulk Plants LLC seeking to recover remediation expenses they incurred after discovering that the soil and groundwater at their property had been contaminated.

  • May 22, 2009

    US Joins Tronox Suit Against Former Parent

    The U.S. government has accused Kerr-McGee Corp. and its successor Anadarko Petroleum Corp. of fraudulently avoiding hundreds of millions in environmental liabilities by dumping them on Tronox Inc. before spinning it off in 2006, joining a lawsuit Tronox filed earlier this month.

  • May 21, 2009

    Defense In Green Patent Fight Gets Shot Down

    A green parts-cleaning company has won a skirmish in its long-running patent spat with a rival, as a federal judge tossed the defendants' enablement defense in a case over a bioremediation invention after their own expert sunk their arguments.

  • May 21, 2009

    Asbestos Plaintiffs Argue For Standing V. St. Louis

    A citizens group alleging the city of St. Louis exposed the public to asbestos contamination has disputed the city's contention that the group lacks standing to sue because it hasn't shown that future asbestos violations are imminent.