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Environmental

  • January 18, 2019

    Gibson Dunn Snags Jones Day Energy Transactions Attorney

    Gibson Dunn & Crutcher LLP has added a former Jones Day attorney with experience in renewable, fossil fuel and other energy-related transactions as a partner in the firm's Denver office.

  • January 18, 2019

    Colo. Gov. Orders Move To Electric Vehicles Statewide

    Colorado Gov. Jared Polis signed an executive order Thursday that outlines the steps the state must take to achieve 100 percent renewable electricity by 2040, a plan that would direct some of the $70 million settlement from Volkswagen's federal emissions case toward the promotion of electric vehicles.

  • January 18, 2019

    PG&E Equipment Caused Calif. Wildfires, Judge Finds

    A California federal judge has tentatively found that Pacific Gas & Electric Co.'s equipment's vulnerability to falling tree limbs has been "the single most recurring cause" of the 2017 and 2018 California wildfires to which the company has been linked.

  • January 17, 2019

    4 German Audi Execs Indicted Over VW Emissions Cheat

    Four high-level German Audi AG workers were indicted in Michigan federal court Thursday for allegedly violating the Clean Air Act, defrauding the government and committing wire fraud in a scheme to cheat environmental emissions regulations in Audi and Volkswagen vehicles.

  • January 17, 2019

    Del. Justices OK Spinoff's Escape Of Enviro Co.'s $1.6M Suit

    The Delaware Supreme Court ruled Thursday that the Chancery Court correctly tossed a $1.6 million insurance liability suit brought by environmental cleanup firm US Ecology Inc. against the buyer of its spun-off subsidiary, agreeing the sale contract didn't include repayment obligations for noncovered insurance costs.

  • January 17, 2019

    Pa. PUC Won't Revive Bid To Shut Down Sunoco Gas Pipelines

    The Pennsylvania Public Utility Commission on Thursday agreed that a group of Philadelphia-area residents had failed to show that safety concerns warranted an emergency shutdown of Sunoco LP's controversial Mariner East natural gas pipelines.

  • January 17, 2019

    Industry, Utah Urge DC Circ. To Uphold EPA Permit Order

    PacifiCorp, Utah and an industry group on Wednesday told the D.C. Circuit that environmentalists can't sustain claims that a U.S. Environmental Protection Agency order instituted a nationally applicable change to the way certain Clean Air Act permits are issued without proper public notice and comment.

  • January 17, 2019

    Wilson Elser Picks Up Maritime Attys From Fowler Rodriguez

    A team of maritime law-focused attorneys from recently shuttered Fowler Rodriguez has joined Wilson Elser Moskowitz Edelman & Dicker LLP in Louisiana and Alabama, adding international and domestic expertise in marine casualty, environmental and energy law, as well as in regulatory and commercial litigation, the firm said.

  • January 17, 2019

    House Dem Floats Bill To Undo Land Swap For Mining Project

    The chairman of the House Natural Resources Committee reintroduced legislation Thursday that would undo a land swap authorized by Congress, which gave a mining company owned by Rio Tinto PLC and BHP Billiton access to Arizona land sacred to Native Americans for the construction of a copper mine.

  • January 17, 2019

    Union Pacific Owes For Cleanup, Former Property Owner Says

    A former owner who spent $1.5 million cleaning up an 18-acre property in Wisconsin that was contaminated with lead and an oil byproduct asked a federal court to hold Union Pacific Railroad Co. at least partially responsible for the costs, arguing its predecessor caused the problem.

  • January 17, 2019

    7th Circ. Won't Touch Illinois Acid Waste Dispute

    The Seventh Circuit on Wednesday said it doesn’t have jurisdiction to decide which Illinois agency can enforce environmental regulations against two Colorado energy companies that want to inject acid waste into underground wells in Illinois after the companies already lost their case in state court.

  • January 16, 2019

    Enviros Lose Fight Over BLM's Nevada Oil & Gas Lease Sale

    A Nevada federal judge rejected claims brought by the Center for Biological Diversity and Sierra Club that the U.S. Bureau of Land Management did not conduct a thorough environmental review before offering oil and gas leases on nearly 200,000 acres of land.

  • January 16, 2019

    Spinoff Liable For $1.6M Tab, Enviro Firm Tells Del. Justices

    Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.

  • January 16, 2019

    $367M Superfund Coverage Row Can't Be Arbitrated, Co. Says

    Cornell-Dubilier Electronics Inc. has urged a New Jersey federal court not to send to arbitration its coverage dispute with a group of insurers over $367 million in liability incurred under a Superfund site cleanup consent decree, arguing that the dispute is outside the underlying arbitration agreement's scope.

  • January 16, 2019

    Vistra Coal Plant Can't Dodge Enviros' Emissions Claims

    An Illinois federal judge told a Vistra Energy Corp.-owned coal-fired power plant it should avoid “arguing around the edges” of his earlier finding that its emissions violated the Clean Air Act, but declined to immediately rule in favor of environmental groups looking to hold it accountable for recent violations.

  • January 16, 2019

    PG&E's Ch. 11 Is Climate Change Wake-Up Call For Utilities

    Pacific Gas & Electric Co.'s plan to seek bankruptcy protection to address crippling liabilities for California wildfires should ring alarm bells for utilities, regulators and lawmakers in other states and force them to examine whether the current utility business model can accommodate climate change-related risks to energy infrastructure, policy experts say.

  • January 16, 2019

    VW Says Pre-Scandal Car Sellers Have Yet To Show Injury

    Volkswagen AG told a California federal judge that drivers who sold their diesel vehicles before news of the automaker’s massive emissions-cheating scandal broke did not suffer any financial loss and still have not put forth a viable claim for damages linked to the scandal.

  • January 16, 2019

    Senate Dem Decries Shutdown Of Chemical Accident Probes

    A tiny federal agency that investigates chemical spills and related incidents in the energy sector can't do its job during the government shutdown, putting crucial probes into the causes of industrial accidents at risk, Democratic Sen. Tim Kaine of Virginia said Wednesday.

  • January 16, 2019

    Wheeler 'Almost As Extreme' As Former EPA Head, Dem Says

    Senate Democrats harshly criticized acting U.S. Environmental Protection Agency chief Andrew Wheeler for his stances on climate change, auto emissions, mercury pollution standards and other issues at his confirmation hearing Wednesday, with one senator saying the positions "appear to be almost as extreme as his predecessor's."

  • January 16, 2019

    Calif. County Sues PG&E Over Deadly Nov. Wildfire

    Butte County in Northern California has sued Pacific Gas & Electric Co. in state court over the deadly wildfire that ravaged the county and killed 86 people last year, alleging the utility disregarded safety to increase its own profits.

Expert Analysis

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Constitutional Challenges To Pipeline Takings Face Obstacles

    Clay Massey

    In a petition to the U.S. Supreme Court, the plaintiffs in Berkley v. Mountain Valley Pipeline claim the Natural Gas Act does not preclude district court review of constitutional objections to the law. However, their arguments are at odds with Supreme Court precedent, says Clay Massey of Alston & Bird LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • How Coast Guard Reauthorization Affects Maritime Sector

    Darrell Conner

    The Frank LoBiondo Coast Guard Authorization Act of 2018, signed into law last month, modifies regulation of commercial vessel discharges, reauthorizes multiple maritime agencies, and makes important changes to safety and antitrust regulations, say attorneys and government affairs advisers with K&L Gates LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Opinion

    Only Congress Can Fix The Waters Of The US Whirlpool

    Jeff Porter

    If anything is clear amid the ongoing chaos of competing Clean Water Act judicial decisions and agency actions, it's that Congress should have acted long ago, says Jeff Porter of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.