Environmental

  • January 18, 2018

    3 Key Environmental Insurance Cases To Watch In 2018

    Insurance attorneys will be closely watching key environmental remediation coverage cases in 2018, including a battle at the California Supreme Court over the prerequisites for a pesticide manufacturer to tap into excess policies and an insurer's request for Pennsylvania's high court to ax a ruling expanding a chemical maker's cleanup coverage.

  • January 17, 2018

    Del. Justices Grapple With Tolling Query In Pesticide Case

    Delaware’s Supreme Court justices grappled Wednesday with a Third Circuit request to clarify statute of limitations "tolling" calculations in a banana plantation worker class challenge to the dismissal of a pesticide exposure suit, but spent much of the hearing trying to untangle years of national and foreign litigation.

  • January 17, 2018

    Buyers Say Audi, VW Can’t Slip Gas Vehicle Emissions Suit

    Car buyers accusing Volkswagen, Audi and Bosch of lying about their gasoline cars' emissions responded to the automakers' bids to dismiss the suit, telling a California federal judge Tuesday that the case is supported by well-documented facts and expert opinion.

  • January 17, 2018

    Report Leads CITES To Probe Nigeria-China Rosewood Trade

    The secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES, has informed its 183 member countries of new control measures designed to mitigate the rosewood crisis in West Africa and Nigeria, in light of a November report that highlighted the illegal timber trade.

  • January 17, 2018

    Gov't Wants Gold King Mine Spill Suit Paused For MDL Panel

    The federal government asked a New Mexico federal court Wednesday to pause litigation brought by the state and the Navajo Nation over the 2015 Gold King Mine spill while the Judicial Panel on Multidistrict Litigation ponders whether to consolidate several actions stemming from the incident, saying it’s the most reasonable approach.

  • January 17, 2018

    Flint Urges 6th Circ. Not To Revive Whistleblower Suit

    The city of Flint, Michigan, and its mayor on Wednesday urged the Sixth Circuit not to revive a former city administrator’s lawsuit alleging she was fired for seeking an investigation into claims the mayor directed donations meant for water contamination victims into a campaign fund.

  • January 17, 2018

    NY Approves $180M Wind Farm Project

    New York state on Wednesday approved an EverPower Wind Holdings Inc. unit’s $180 million, 126-megawatt project proposed on the shore of Lake Erie, and touted it as a sign the state is adopting cleaner energy sources.

  • January 17, 2018

    Gov't, Groups Challenge Efforts To Halt Methane Rule Delay

    The Bureau of Land Management, the states of North Dakota and Texas and several energy industry groups on Tuesday challenged efforts to block a decision suspending parts of a rule limiting oil and gas companies from venting and flaring methane on public lands, arguing in California federal court that a preliminary injunction that would keep the rule’s provisions in effect isn’t warranted.

  • January 17, 2018

    States Oppose EPA Bid For Time In Clean Power Plan Row

    Several states, local governments and environmental groups on Wednesday asked the D.C. Circuit to restart litigation over the validity of the Clean Power Plan, saying that the U.S. Environmental Protection Agency's request to keep the case in suspended animation isn’t justified.

  • January 17, 2018

    NY, Conn. Sue EPA Over Lax Upwind Smog Enforcement

    New York and Connecticut on Wednesday sued the U.S. Environmental Protection Agency in New York federal court, accusing it of failing to meet a Clean Air Act deadline to act on curbing smog pollution that blows into their states from power plants and other emission sources in upwind states.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Calif. Residents Sue Utility Cos. Over Wildfires, Mudslides

    Residents and a business in a California community recently ravaged by extreme weather filed an amended lawsuit in state court on Tuesday, accusing Southern California Edison and Montecito Water District of negligence that led to a wildfire, subsequent mudslides and resulting death and destruction.

  • January 16, 2018

    Trump's Monument Cuts May Rest On Shaky Legal Ground

    President Donald Trump’s decision to shrink some national monuments created by his predecessors presents a novel issue to courts handling lawsuits challenging his actions: whether Congress gave the president authority to modify or eliminate, not just designate, such monuments. Legal experts say the administration faces an uphill battle.

  • January 16, 2018

    Reed Smith Nabs Ex-Katten Work Safety, Enviro Atty In Texas

    Reed Smith LLP has announced the addition of a former Katten Muchin Rosenman LLP attorney in Houston, bolstering the firm’s energy and natural resources group with his practice focused on workplace safety and environmental concerns.

  • January 16, 2018

    Nez Perce Tell 9th Circ. Water Release Order Is Sound

    The Nez Perce Tribe told the Ninth Circuit on Friday that a lower court’s determination that the government must boost water releases and monitoring at a series of dams along the Columbia and Snake rivers to protect salmon and steelhead was correct, arguing the order was necessary and lawful.

  • January 16, 2018

    Cobra, Engineering Cos. Settle $18M Hydropower Plant Row

    A Spanish construction firm on Friday dropped its efforts to throw out a more than $18 million arbitration award issued to an Italian company over a contract dispute on a Guatemalan hydroelectric project after the two sides told a Florida federal judge they’d settled.

  • January 16, 2018

    High Court Passes On Texas Wind Farm Arbitration Row

    The U.S. Supreme Court on Tuesday refused to review the Fifth Circuit's ruling that a dispute over whether a Texas utility's liability should be capped if it ended power purchases from a wind power supplier wasn't sufficiently ripe for the court to compel arbitration between the parties.

  • January 16, 2018

    Energy Corp. Pays $1.7M Over Pa. Fracking Site Violations

    Pennsylvania environmental regulators announced Tuesday they had collected $1.7 million in fines from Energy Corp. of America following a series of spills and other violations at natural gas fracking sites across two counties.

  • January 16, 2018

    FERC Bars FirstEnergy Plant Sale Despite Atty's Direct Pleas

    The Federal Energy Regulatory Commission on Friday rejected the $195 million sale of a West Virginia coal-fired power plant by a FirstEnergy Corp. merchant power unit to one of its utilities, following a Gibson Dunn & Crutcher LLP partner's direct appeal to a commissioner, who quickly "terminated the communication."

  • January 16, 2018

    Feds Immune To Claim In Ariz. Tribal Water Row, Judge Says

    A federal judge on Friday granted the federal government’s bid to toss an Arizona water district’s claim against it in a dispute over the district’s obligations to deliver excess water supply to the Ak-Chin Indian Community, finding the court didn’t have jurisdiction to hear the claim.

Expert Analysis

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Still No Clarity For Pipeline Permitting Process

    Karen Davis

    Notwithstanding the lofty goals set by both President Donald Trump and former President Barack Obama, recent court decisions make clear that the permitting process for major natural gas pipeline projects remains unpredictable, says Karen Davis of Fox Rothschild LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • 3 Takeaways Squeezed Out Of Juicer's Insurance Battle

    Walter Andrews

    Last month, a Washington district court rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice maker Tree Top Inc. Companies dealing with toxic or environmental claims can distill at least three important lessons from this case, say attorneys with Hunton & Williams LLP.

  • Getting Creative With Approaches To Removal

    Gregg Weiner

    When a lawsuit filed in state court is removed to federal court, it is usually either because the suit alleges a claim under federal law, or because the parties are residents of different states. But sometimes actions can be removed that do not clearly fit either of these grounds, say Gregg Weiner and Andrew Todres of Ropes & Gray LLP.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • 5th Circ. Broadens Oil Pollution Act Liability

    Christopher Hannan

    In U.S. v. American Commercial Lines, the Fifth Circuit offered only narrow limitations to liability under the Oil Pollution Act. Based on this recent ruling, full liability may be triggered by any act or omission that occurs as a result of a contractual relationship, say Christopher Hannan and Kat Statman of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Roundup

    My Strangest Day In Court

    Logo

    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.