• May 22, 2009

    Q&A With Fulbright & Jaworski's Jeff Margulies

    The cost of litigation in environmental enforcement matters often exceeds the value of the case and even the cost of defense. Nearly every day, I tell clients that even though I think they have done nothing wrong and would probably prevail at trial, the better business decision is to settle, says Jeffrey Brian Margulies, founding member of Fulbright & Jaworski LLP's climate change practice group.

  • May 21, 2009

    Waxman-Markey Climate Bill Faces Grueling Markups

    The U.S. House of Representatives Energy and Commerce Committee on Thursday rejected an amendment to strike a carbon cap-and-trade program from the mammoth climate change bill sponsored by Sens. Henry A. Waxman, D-Calif., and Edward J. Markey, D-Mass., as lawmakers worked to prepare the bill for a committee vote by Memorial Day.

  • May 20, 2009

    Exxon Owes At Least $3M But Can Wait To Pay: Judge

    While Exxon Mobil Corp. and seafood processor Nautilus Marine Enterprises Inc. squabble over the amount of interest Exxon owes under a settlement related to the Valdez oil spill, a federal judge has frustrated Nautilus’ attempt to promptly collect more than $3 million Exxon will eventually have to fork over.

  • May 20, 2009

    Suit Over Dominion Nuclear Permit Process Revived

    The Connecticut Supreme Court has given an anti-nuclear activist another shot at challenging the state administrative proceeding governing Dominion Nuclear Connecticut Inc.'s permit to discharge wastewater from the Millstone Nuclear Power Station into Long Island Sound.

  • May 20, 2009

    ICIA Denies CERCLA Responsibility at Calif. Site

    ICI Americas Inc. has fired back at JFE Steel Corp. in an ongoing suit it filed to recover costs under the Comprehensive Environmental Response, Compensation and Liability Act for the cleanup of a Santa Ana, Calif., Teflon recycling center.

  • May 20, 2009

    Jaco Entitled To Damages Against AIG Unit

    A federal judge has sided primarily with Jaco Environmental Inc. regarding its bid for summary judgment in a breach of contract case brought by the refrigerator recycling company against American International Specialty Lines Insurance Co. over its alleged failure to defend the company against a rival's patent infringement suit.

  • May 20, 2009

    Jury Splits Verdict In Duke Energy Emissions Case

    In a long-running suit alleging Duke Energy Corp. failed to implement proper pollution controls for six power plant upgrades in the Midwest, a federal jury has sided with the company on four projects, but come down against it on two projects.

  • May 20, 2009

    Dow, PPG Told To Pay $18M Over Dry Cleaning Chem.

    A California city has won its battle with Dow Chemical Co. and PPG Industries over dry cleaning chemicals that allegedly contaminated city sites, as a jury ordered the two to pay over $18 million.

  • May 20, 2009

    House Panel Rejects Nuclear Environmental Play

    A U.S. congressional committee has voted down an amendment to a massive environmental bill that would have advanced nuclear energy as a tool to fight climate change.

  • May 19, 2009

    Feds Move To Bar Witnesses In Bus Idling Suit

    The U.S. has accused Paul Revere Transportation LLC of breaching its discovery duties by failing to disclose the identities of 52 witnesses in a suit seeking several million dollars in fines for alleged violations of a state anti-idling law.

  • May 19, 2009

    Georgia-Pacific To Pay $13M For Mich. PCB Cleanup

    Georgia-Pacific LLC has agreed to pay approximately $13 million to contain PCBs at two former disposal areas of a Michigan Superfund site, the U.S. Department of Justice and Environmental Protection Agency announced Tuesday.

  • May 18, 2009

    2nd Circ. Remands Crucible, Lloyd's Coverage Spat

    A federal appeals court has vacated an order dismissing certain underwriters at Lloyd's, London and London Market Cos. from a protracted battle stemming from environmental claims over an excess liability policy issued to now-bankrupt Crucible Materials Corp., after finding that Crucible did not have an adequate chance to present evidence of the terms of the 1968 policy.

  • May 19, 2009

    Horned Lizard Listing To Be Re-Evaluated: 9th Circ.

    The U.S. Secretary of the Interior has been ordered to reconsider a decision to withdraw a rule proposing that the flat-tailed horned lizard be listed as a threatened species, after conservation groups and biologists argued the move went against the requirements of the Endangered Species Act.

  • May 19, 2009

    Judge Orders Calif. To Reconsider Protecting Pika

    A state court judge has ordered the California Fish and Game Commission to reconsider its decision to reject a petition by the Center for Biological Diversity to list a small mammal, the American pika, under the California Endangered Species Act.

  • May 18, 2009

    Interstate Compact Can’t Block Italian Waste: Judge

    The Northwest Interstate Compact on Low-Level Radioactive Waste, a federally chartered regional organization, cannot prevent EnergySolutions Inc.'s import of foreign low-level nuclear waste into a storage facility Northwest does not run, a judge has ruled.

  • May 18, 2009

    Obama Seeks To Bump Up Fuel Economy Deadline

    President Obama is set to unveil new auto emissions and efficiency standards that will reportedly require automakers to boost the average fuel efficiency of cars sold in the United States to 35 miles per gallon by 2016, four years earlier than currently required by a 2007 federal law.

  • May 18, 2009

    Chemical Co. Liable For Past Contamination: Suit

    A German chemical developer and its predecessors should be liable for contamination caused by petroleum and other toxic materials at the site of a former plastic factory, a suit filed by the site's new owner alleges.

  • May 18, 2009

    Lawmaker Demands Probe Of EPA GHG Finding

    Rep. F. James Sensenbrenner, R-Wis., is seeking House support in his quest for documents relating to the U.S. Environmental Protection Agency's April proposed endangerment finding on greenhouse gas emissions, after a leaked memo last week raised new doubts on Capitol Hill about the agency's ruling.

  • May 18, 2009

    Perkins Coie Nixes Job Offer To Denver Lawyer

    Perkins Coie LLP has rescinded its job offer to Denver lawyer Willie Shepherd, less than two days after announcing he would be leaving Kamlet Shepherd & Reichert LLP, the firm he co-founded, to join Perkins Coie as a partner.

  • May 15, 2009

    EU Emissions Drop 3% in '08 Under Trading System

    Emissions of greenhouse gases from European Union businesses participating in the bloc's Emission Trading System fell more than 3 percent in 2008 from the year before, the European Commission revealed Friday.