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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.