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Environmental

  • November 9, 2018

    Ill. AG Says Contaminated Water Dumped In Chicago River

    Illinois Attorney General Lisa Madigan has said she slapped four companies with a lawsuit in state court after workers on a 54-story skyscraper project allegedly dumped 6,400 gallons of contaminated water into the Chicago River in June.

  • November 9, 2018

    Energy Groups Can Intervene In Calif., NM Methane Suit

    Two trade groups have won their bid in California federal court to intervene in California and New Mexico's suit against the U.S. Department of the Interior challenging its decision to cut the amount of methane that oil and gas companies can release on federal and Native American lands.

  • November 9, 2018

    New York City Asks 2nd Circ. To Revive Climate Suit

    New York City on Thursday asked the Second Circuit to revive its suit seeking to hold Exxon Mobil Corp., BP PLC and other oil giants accountable for the cost of climate change-related infrastructure damage.

  • November 8, 2018

    9th Circ. Delays Kids' Climate Change Trial Against Gov't

    A high-profile lawsuit brought by children accusing the federal government of causing climate change hit its latest roadblock Thursday when the Ninth Circuit stayed an already-delayed trial in the case, marking the latest twist for the potentially landmark suit that was recently reviewed by the U.S. Supreme Court.

  • November 8, 2018

    Polluter Jailed Under CWA Tells High Court Act Is Vague

    A man who was jailed for polluting a Montana tributary in violation of the Clean Water Act's permitting requirement has told the U.S. Supreme Court the law remains unclear on which bodies of water are covered under its protections and that his case should be reviewed.

  • November 8, 2018

    Valero Urges DC Circ. To Reverse EPA Fuel Blend Guidance

    Valero Energy Corp. asked the D.C. Circuit Court of Appeals on Thursday to overturn an Environmental Protection Agency decision that the company says runs afoul of the Clean Air Act by not fully reviewing the impact of the agency’s renewable fuel program on affected parties.

  • November 8, 2018

    US Can’t Nix Refund Suit In Recycling Co. Case, Court Says

    The Internal Revenue Service must face claims by three companies seeking a refund of taxes levied against them as alter egos of a recycling company, a Missouri federal court ruled Wednesday.

  • November 8, 2018

    4th Circ. Blocks $5B Pipeline Permit Amid Legal Challenge

    The Fourth Circuit on Wednesday put on hold a U.S. Army Corps of Engineers permit for the $5 billion Atlantic Coast gas pipeline amid a challenge from environmentalists, after rebuffing a previous attempt to stay the permit in August.

  • November 8, 2018

    EPA's Guidance Kills Hydrofluorocarbon Rule, States Say

    The U.S. Environmental Protection Agency's guidance on implementing an Obama-era rule restricting hydrofluorocarbon use after the D.C. Circuit vacated parts of it violates the Clean Air Act because it effectively nullifies the entire rule, several states and the Natural Resources Defense Council told the circuit court Wednesday.

  • November 8, 2018

    EU Finds Romanian Energy Aid Illegal, Orders $69M Return

    A Romanian energy firm received some €60 million ($68.58 million) in illegal state aid from the country though publicly financed loans and must repay the amount plus interest, the European Union's competition watchdog said Thursday.

  • November 8, 2018

    Fracking Wastewater Not 'Toxic,' Pa. Appeals Court Says

    The briny wastewater produced by hydraulically fracturing oil and gas wells is not "toxic" in the way an environmental group claimed would bar it from being stored in large quantities at drilling sites, the Commonwealth Court of Pennsylvania ruled Thursday.

  • November 8, 2018

    UK Publishes Laws To Fight Avoidance, Impose Carbon Tax

    The U.K.'s annual finance bill has set out, over 300 pages of laws, to implement global measures against tax avoidance and introduce a new environmental tax on carbon emissions.

  • November 7, 2018

    Invigorated Dems Renew Focus On Transpo Infrastructure

    New committee leaders driving transportation policy after Democrats took control of the House in Tuesday's midterm elections will train a spotlight on increased infrastructure investment and oversight, but finding agreement on how to pay for highway, road, airport and other upgrades remains a long shot on still-divided Capitol Hill, experts say.

  • November 7, 2018

    Tenn. Jury Finds For Workers In Coal Ash Exposure Trial

    A Tennessee federal jury on Wednesday sided with a group of workers and their families that alleged Jacobs Engineering Group Inc.'s work cleaning up a 2008 fly ash spill didn't adhere to health requirements, potentially causing a range of injuries including lung cancer.

  • November 7, 2018

    Trend Of Fraud At Nuke Site Spurs Call For Greater Oversight

    The U.S. Department of Energy Office of Inspector General released a report this week detailing fraud and mismanaged contracts at the department’s Hanford site, which was established in World War II to produce plutonium for nuclear weapons, and calling for increased oversight of federal operations and contractors.

  • November 7, 2018

    Dems' State Office Wins Strengthen Green Wall Against Trump

    Democrats rode a blue wave into governor and state attorney general offices on Election Day, a development experts say will only deepen the energy and climate change policy divide between states and the Trump administration and lead to more confrontations in the courtroom.

  • November 7, 2018

    Fla. Voters Approve Ban On Offshore Drilling

    Voters in Florida on Tuesday approved an amendment to the state constitution that would ban oil and gas drilling in offshore state waters, the latest action by a state to put brakes on fossil fuel development at a time when the federal government is proposing expanding where companies can drill.

  • November 7, 2018

    NY AG's Office Scolded For 'Judge-Shopping' In Exxon Case

    Lawyers for the New York attorney general got a dressing-down from a Manhattan state judge on Wednesday for seeking his recusal in a climate-change securities fraud suit against Exxon Mobil Corp., accusing them of "gamesmanship and judge-shopping" and daring them to appeal his decision.

  • November 7, 2018

    NJ Court Skeptical Of Bid To Nix Beachfront Condemnations

    A New Jersey appeals panel expressed skepticism Wednesday over an argument from three homeowners that Long Beach Township did not have a legitimate public purpose in seeking to acquire portions of their properties via eminent domain in order to comply with federal funding requirements for a beach replenishment project.

  • November 6, 2018

    Newsom Elected Calif. Governor, Becerra Leading AG Race

    In California, Lt. Gov. Gavin Newsom was the projected winner in the governor’s race to replace the Golden State's termed-out Gov. Jerry Brown, and incumbent Attorney General Xavier Becerra was leading with a sizable margin in his first election for the office, according to Tuesday night’s election results.

Expert Analysis

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • How Blockchain Can Certify Global Supply Chains

    Rebecca Campbell

    Companies in mining and other industries are seeking to demonstrate the sustainability and ethical integrity of their products and supply chains. Because of its ability to improve transparency and accountability through incorruptible data sharing, blockchain may be ideal for this purpose, say attorneys with White & Case LLP.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • Next Steps For Oil And Gas Owners If Colo. Passes Prop 112

    Brent Owen

    On Tuesday, Colorado voters will decide whether to enact a ballot initiative that significantly restricts oil and gas development. If Proposition 112 passes, owners of oil and gas mineral interests will likely seek redress for the loss of their valuable property rights, says Brent Owen of Squire Patton Boggs LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 4 Years Of WIFIA: What Works, What Doesn’t And P3 Potential

    Roger Rosendahl

    Enacted in 2014 to promote financing and development of water projects, the Water Infrastructure Finance and Innovation Act was initially intended as a five-year pilot program. Four years later, it is now a promising vehicle for water project development, says Roger Rosendahl of Nelson Mullins Riley & Scarborough LLP.