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Environmental

  • October 17, 2018

    Bosch Presses Bid To Sink Ford Pickup Truck Emissions Suit

    Auto parts supplier Robert Bosch LLC told a Michigan federal court Tuesday that consumers alleging it helped Ford Motor Co. rig 500,000 heavy-duty trucks to cheat emissions tests cannot try to use a recent California ruling in a Volkswagen case to keep alive their racketeering and fraud claims.

  • October 17, 2018

    Pa. Exceeded Legal Authority With Fracking Rules, Panel Told

    Pennsylvania's Department of Environmental Protection overstepped its regulatory authority by imposing rules on hydraulic fracturing that went beyond what the state allowed in its oil and gas law, an attorney for the Marcellus Shale Coalition argued before the Commonwealth Court of Pennsylvania on Wednesday.

  • October 17, 2018

    Top House Armed Services Dem Rips Trump Coal Export Plan

    The U.S. House Armed Services Committee’s senior Democrat attacked President Donald Trump's reported proposal to use military bases to export coal from the West Coast to Asia, saying it would make an end run around environmental regulations and could threaten military readiness.

  • October 17, 2018

    EPA's Science Review, Truck Emissions Rules On Back Burner

    The Trump administration has indicated it will delay the U.S. Environmental Protection Agency's controversial proposal to avoid rulemaking based on research that isn't publicly available and indefinitely shelve the EPA's repeal of Obama-era emissions standards for heavy-duty trucks outfitted with engines from older trucks.

  • October 17, 2018

    Spain Says EU Court Order Dooms Energy Co.'s €53M Award

    Spain urged a D.C. federal court to scrap a renewable energy investor's bid to enforce a €53.3 million ($61.3 million) award issued against the country after it overhauled its solar energy policies, saying the award was suspended after Europe's top court ruled certain arbitration clauses are incompatible with European Union law.

  • October 17, 2018

    Enviros Sue For Info On Massive LA County Development

    The Center for Biological Diversity filed a lawsuit Tuesday alleging Los Angeles County has illegally withheld documents related to the proposed 19,000-home Centennial development, asking a California state court to force the county's hand.

  • October 16, 2018

    Energy Exec Who Hired Percoco's Wife Gets 14 Months

    Energy executive Peter Galbraith Kelly Jr., who struck a plea deal after a jury split on charges that he bribed Joseph Percoco by giving his wife a "low-show" job, was sentenced to 14 months behind bars on Tuesday in a decision meant to send a warning to lobbyists across the country.

  • October 16, 2018

    Insurer Owes Hotel After Carbon Monoxide Leak: 10th Circ.

    The Tenth Circuit ruled Tuesday that a hotel has the right to insurance coverage after a carbon monoxide leak, overruling the insurer’s argument that the accident triggered an exclusion concerning “qualities or characteristics of indoor air.”

  • October 16, 2018

    Maxus Ch. 11 Asset Stripping Arguments Set For December

    A motion asking a Delaware bankruptcy judge to abstain from an asset stripping case by former Chapter 11 debtor Maxus Energy Corp. against Argentine parents YPF SA and Repsol SA will be heard simultaneously with defendants' motion to dismiss the case after the judge said Tuesday that there would be no point in accelerating the abstention arguments.

  • October 16, 2018

    San Jacinto River Authority Claims Immunity In Takings Row

    Houston-area homeowners who allege that the San Jacinto River Authority’s actions that flooded their property in the wake of Hurricane Harvey were unconstitutional “takings” have not done enough to waive governmental immunity, the agency told a Texas appellate panel in oral arguments Tuesday.

  • October 16, 2018

    Farmers Say Don’t Kill Monsanto Antitrust Claims In MDL

    Farmers' allegations that Monsanto Corp. engaged in anti-competitive practices by pushing soybeans with a tolerance to a specific herbicide should not be dismissed, they argue, because their suit could show that the company knew farmers would be compelled to buy the product.

  • October 16, 2018

    Trump's Rulemaking Agenda Aims To Cut $18B In Costs

    President Donald Trump's administration is set to launch another round of regulatory actions aimed at what it claims will cut costs for private industry across the country, previewing the fall unified agenda meant to cut an estimated $18 billion in costs from the marketplace that is set to be released Wednesday.

  • October 16, 2018

    AT&T Looks To Nix Cable Contamination Suit

    AT&T has asked a Texas federal judge to toss a suit brought by a group of landowners over contamination risk from decades-old abandoned telephone cables, saying there is no evidence the cables have damaged any of the properties in question.

  • October 16, 2018

    Tribe Looks To Nix DOI's Bid To Move Drilling Suit To ND

    The Mandan, Hidatsa and Arikara Nation has urged a D.C. federal court to reject the U.S. Department of the Interior's attempt to transfer to North Dakota the tribe's suit challenging a decision that permits oil and gas drilling near a lake within its reservation, arguing that the case raises issues of national importance.

  • October 16, 2018

    Skadden, Cleary Steer Hanwha Solar Cell Tie-Up

    South Korea’s Hanwha Q Cells Co. Ltd. on Tuesday said majority shareholder Hanwha Solar Holdings Co. will acquire the remaining portion of the company it does not own in a deal guided by Skadden Arps Slate Meagher & Flom LLP and Cleary Gottlieb Steen & Hamilton LLP that values the solar cell manufacturer at $825 million.

  • October 16, 2018

    Enviro Says Gov't Border Wall Docs Not Exempt From FOIA

    An environmental group has asked a D.C. federal court to force the U.S. Army Corps of Engineers and U.S. Customs and Border Protection to turn over U.S.-Mexico border wall-related records prepared for President Donald Trump's transition team in the group's Freedom of Information Act suit over the records.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 16, 2018

    Tribes Slam FCC Small-Cell Rule At DC Circ.

    A slew of Native American tribes and tribal organizations asked the D.C. Circuit to strike down a Federal Communications Commission rule that lets mobile carriers build small-cell fixtures for fifth-generation networks without consulting tribes or undergoing historic preservation and environmental reviews.

  • October 16, 2018

    Greenspoon Marder Adds Atty For NY Cannabis Tax Practice

    Greenspoon Marder LLP is expanding its New York tax practice by adding a partner experienced in general corporate and real estate tax to help the firm with its new cannabis practice.

  • October 16, 2018

    EPA Missing Deadlines On SO2 Enforcement, Enviros Say

    A trio of environmental groups have filed a notice of intent to sue the U.S. Environmental Protection Agency, saying it failed to take action on state plans to reduce sulfur dioxide pollution to levels that would comply with National Ambient Air Quality Standards set in 2010.

Expert Analysis

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • NJ Order Gives Offshore Wind A Firmer Footing

    H. David Gold

    Earlier this year, New Jersey Gov. Phil Murphy signed legislation strengthening the state's offshore wind power goals. Last month, his administration issued the largest offshore wind energy solicitation of any state to date, giving the industry a strong foundation in New Jersey, say attorneys at WilmerHale.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • High Court Unlikely To Solve ESA Issues In Frog Habitat Case

    Angela Levin

    After U.S. Supreme Court oral arguments last week in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service — questioning whether the FWS can designate land currently unoccupied by the dusky gopher frog as critical habitat under the Endangered Species Act — it seems the decision is primed for a 4-4 split, say Angela Levin and Andrea Wortzel of Troutman Sanders LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.