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Environmental

  • July 12, 2018

    3 Takeaways From The EPA's Water Rule Rollback Notice

    One of the U.S. Environmental Protection Agency’s first acts under the Trump administration was to propose rolling back an Obama-era rule that defined the federal government’s jurisdiction under the Clean Water Act, and a new legal analysis published Thursday is intended to beef up the case for rescission in anticipation of legal challenges, experts said.

  • July 12, 2018

    Monsanto's Roundup Tied To Cancer, Ex-NIH Official Testifies

    The former director of the National Institutes of Health's environmental wing explained to a California jury Thursday how he advised the World Health Organization when it decided the active ingredient in Monsanto's lead weed killer was "probably carcinogenic to humans," during a first-of-its kind trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 12, 2018

    Enviros Face Uphill Fight In Bid To Enforce EPA Order

    Environmental groups faced an uphill battle Thursday in convincing a California federal judge that the U.S. Environmental Protection Agency didn’t comply with his order requiring the agency to revise or issue a new finding on hazardous air emission standards at chemical pulp mills and yeast manufacturing facilities.

  • July 12, 2018

    Mitigation Bank Can Fight Wetlands Permit For Road Project

    A Florida appeals court ruled Wednesday that a private mitigation bank trust has standing to challenge a wetlands mitigation permit issued to the Florida Department of Transportation for a road-widening project because it has an interest in enforcement of the state’s mitigation statute in the same watershed area where the mitigation bank is located.

  • July 12, 2018

    Tribe Can't Revisit DOI Casino Land Ruling In 9th Circ.

    A Ninth Circuit panel on Thursday denied a request by the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community that it rethink its ruling backing the U.S. Department of the Interior’s decision to acquire land for another California tribe’s casino project.

  • July 12, 2018

    Enviros Blast Mountain Valley After-Hours Pipeline Work Bid

    Environmental activist group Protect Our Water, Heritage, Rights told the Federal Energy Regulatory Commission on Wednesday that it should reject a request by Mountain Valley Pipeline LLC to extend construction hours beyond the scope allowed in the $3.5 billion project’s final environmental impact statement.

  • July 12, 2018

    Enviros Look To Halt Road In Alaska Land Swap Suit

    A coalition of environmental groups on Wednesday looked to earn a victory in their lawsuit challenging the U.S. Department of the Interior’s approval of a land swap deal that would facilitate the construction of a road across a national wildlife refuge, arguing the agency failed to follow proper review procedures and adhere to environmental impact requirements.

  • July 12, 2018

    Soccer Games In Protected Pinelands Get NJ Court's OK

    A New Jersey appeals court on Thursday ruled against a pair of environmental groups challenging the approval of organized soccer tournaments on a sod farm in the state's protected Pinelands region, saying a 2016 amendment to the law that governs the use of the Pinelands invalidates their arguments.

  • July 12, 2018

    Power Groups Urge EPA To Let Mercury Emissions Rule Stand

    Power industry groups pressed the U.S. Environmental Protection Agency to leave intact an Obama-era rule curbing mercury emissions from power plants in a letter made public Wednesday, emphasizing that billions of dollars have already been spent to comply with the standards and dramatic reductions have already been achieved.

  • July 12, 2018

    Tribes Fight FCC Bid To Pause Small-Cell Rule Challenges

    A host of tribes have urged the D.C. Circuit not to grant the Federal Communications Commission's bid to put on hold combined challenges to an agency rule that exempts from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

  • July 12, 2018

    EPA, Enviros Told To Resolve Final Issues In Civil Rights Row

    Months after siding with environmental groups that accused the U.S. Environmental Protection Agency of failing to respond to their racial discrimination complaints in a timely way, a California federal judge has sent any remaining parts of the case to a federal magistrate judge for a settlement conference.

  • July 11, 2018

    Kavanaugh Splurged On Baseball Tix, Reports Say

    D.C. Circuit Judge Brett Kavanaugh racked up steep credit card debt in 2016 to pay for Washington Nationals tickets, according to Wednesday news reports and disclosures by the U.S. Supreme Court nominee that also show he coaches kids’ basketball and contributed to a law book without pay.

  • July 11, 2018

    Ben & Jerry’s Sources From Not-So-Happy Cows, Suit Says

    The Organic Consumers Association, a national nonprofit consumer advocacy group, has sued Ben & Jerry’s Homemade Inc. and its parent company Unilever in Washington, D.C., court, alleging they market some ice creams sourced from inhumane factory farms as being produced by “happy cows” raised in “caring dairies.”

  • July 11, 2018

    Texas Homeowners Move To Toss River Authority Flood Suit

    Dozens of north Houston residents who sued the San Jacinto River Authority in May alleging it unconstitutionally took their property when it unleashed water from Hurricane Harvey and flooded their homes have told the court they want to dismiss the lawsuit.

  • July 11, 2018

    Holland & Knight Adds McGuireWoods Enviro Partner In Fla.

    Holland & Knight LLP has added a former McGuireWoods LLP partner and environmental safety expert as a partner in the real estate group of its Jacksonville, Florida, office, the firm announced Wednesday.

  • July 11, 2018

    FisherBroyles Adds Litigators in Florida, Philadelphia

    FisherBroyles LLP on Wednesday announced the addition of a pair of litigators in its offices in Naples, Florida, and Philadelphia who bring experience in a variety of areas.

  • July 11, 2018

    4 Kavanaugh Arguments You Gotta Hear

    President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.

  • July 11, 2018

    Enviros Press EPA On Heavy-Duty Truck Emissions Standards

    A trio of environmental groups pushed the U.S. Environmental Protection Agency on Tuesday to revoke its recent decision to cease enforcing Obama-era greenhouse gas emissions standards for certain heavy-duty trucks outfitted with engines from older trucks, standards the agency plans to repeal.

  • July 11, 2018

    Pipelines Come Out On Top With Nixing Of FERC Bias Claim

    The D.C. Circuit endorsed the status quo at the Federal Energy Regulatory Commission when it rejected arguments the agency's process favored industry groups at the expense of the environment, a decision that experts say preserves obstacles for groups that challenge pipeline projects.

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

Expert Analysis

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Top 6 IRS Attacks On Conservation Easement Deductions

    Gregory Rhodes

    Even inconspicuous technical deficiencies in drafting or tax return preparation may render a conservation easement valueless for federal income tax purposes. Donors of conservation easements should be particularly mindful of six issues the IRS has recent held in its sights, say Gregory Rhodes and Tucker Thoni of Sirote & Permutt PC.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • The EPA's New Biofuels Plan And A Residue Of Uncertainty

    Joel Beauvais

    The U.S. Environmental Protection Agency last week issued its long-awaited proposal concerning the next round of annual volume requirements under the Renewable Fuel Standard. While the proposal generally indicates stability and growth for the RFS program, it is conspicuously silent on several issues that could substantially affect biofuels markets, say Joel Beauvais and Steven Croley of Latham & Watkins LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Is It Time For A Challenge To Chevron Deference?

    Joseph Diedrich

    In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.