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Environmental

  • August 13, 2018

    DHS Says Enviro Challenge To Border Wall Waiver Is Moot

    The Trump administration on Friday once again urged a D.C. federal judge to toss a suit accusing it of violating numerous federal laws by waiving environmental oversight regulations to accelerate construction of approximately 20 miles of a wall along the border between eastern New Mexico and Mexico, telling the court it lacks the authority to review the claims.

  • August 13, 2018

    San Diego Beats Monsanto Water Pollution Counterclaims

    Monsanto Co. lost a bid to flip a lawsuit over its alleged pollution of the San Diego Bay by blaming it on the city’s stormwater system when a California federal judge found that the company didn’t have standing to bring counterclaims because it suffered no direct injury from the contamination.

  • August 13, 2018

    Texas Enviro Agency Can't Escape Age And Race Bias Suit

    A Texas federal judge ruled Monday that the Texas Commission on Environmental Quality must face a suit accusing one of its department directors of age and race discrimination, writing that a former hydrologist presented enough questions of fact for the case to survive summary judgment.

  • August 13, 2018

    Enviros To Fight FERC's PennEast Pipeline Approval In Court

    Environmental groups on Monday said they plan to challenge the Federal Energy Regulatory Commission's approval of the planned $1 billion PennEast gas pipeline, claiming the agency failed to show a need for the project and didn’t consider its potential climate change impacts.

  • August 13, 2018

    NYC Restaurant Group Fights Foam Ban At Appeals Court

    A trade group representing restaurants and foam manufacturers has taken its opposition to New York City's ban on styrofoam, effective Jan. 1, to state appellate court, saying Mayor Bill de Blasio is unfairly resisting the city council's mandate to recycle polystyrene and that recycling is both economically feasible and environmentally effective.

  • August 13, 2018

    Phillips 66 Refinery Hit With $475K Penalty Over Modifications

    The U.S. Environmental Protection Agency and the state of Illinois filed a proposed consent decree Friday in federal court against Phillips 66 and WRB Refining LP, requiring the companies to reduce emissions at the Wood River Refinery under the Clean Air Act, spend at least $500,000 on lead-paint abatement and pay a penalty of $475,000.

  • August 13, 2018

    Ariz. Agency Wants Quick Win In Water Rights Row

    An Arizona water district has moved for a quick win in a dispute over the district's alleged obligations to deliver excess water supply to the Ak-Chin Indian Community, urging a federal court to reject quick win bids filed by the tribe itself and the federal government.

  • August 13, 2018

    KKR Gets Stake In Indian Enviro Engineering Co. for $530M

    Private equity firm KKR & Co. LP said Monday that it has agreed to acquire 60 percent of India-based Ramky Enviro Engineers Ltd. for approximately $530 million, in a deal that was guided by Simpson Thacher & Bartlett LLP and Cyril Amarchand Mangaldas.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word. This article is part of our special report on disability inclusion in the legal industry.

  • August 10, 2018

    FERC's Independence Under Threat, Ex-Commissioners Say

    Former members of the Federal Energy Regulatory Commission are worried the White House is compromising the agency's historic independence amid reports that a U.S. Department of Energy official who pushed a controversial plan to aid coal and nuclear power plants is President Donald Trump's pick to fill a vacant commissioner slot and that FERC is already working with the administration on the issue.

  • August 10, 2018

    Ex-Massey CEO Asks W.Va. High Court To Put Him On Ballot

    Former Massey Energy CEO Don Blankenship, who was convicted in 2016 of conspiring to violate mine safety standards before a deadly explosion, asked West Virginia’s highest court on Thursday to put him on the ballot as a third-party candidate for U.S. Senate this fall.

  • August 10, 2018

    Chinese Wind Energy Co. Can Enforce $70M Arbitration Award

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. won their bid to confirm a $70 million arbitration award against another investor, when a Texas federal judge found no justification for altering the award.

  • August 10, 2018

    EPA Must Regulate Stormwater Pollution In LA, Court Rules

    Environmental groups persuaded a California federal judge to rule Thursday that the Environmental Protection Agency had made an “arbitrary and capricious” decision when it refused to require permits for polluted stormwater runoff in the Los Angeles area, which the groups said was impairing two waterways.

  • August 10, 2018

    Watchdog Wants Probe Into EPA Chief’s Lobbying Disclosures

    A nonprofit public accountability group called on the U.S. Senate and House of Representatives on Friday to investigate the acting administrator of the Environmental Protection Agency, accusing him of violating the Lobbying Disclosure Act in connection with efforts to shift the borders of Bears Ears National Monument in Utah.

  • August 10, 2018

    Monsanto Owes $289M In Landmark Roundup Cancer Trial

    A California jury held Friday that Monsanto’s Roundup and Ranger Pro herbicides contributed to a school groundskeeper’s lymphoma and slapped the company with a combined $289 million in compensatory and punitive damages in a landmark suit against the agricultural giant, which has denied links between its herbicides and cancer for decades.

  • August 10, 2018

    Pa. Drilling Law Case Could Set New Enviro Rights Standards

    Questions over the proper application of Pennsylvania's Environmental Rights Amendment have abounded since the state's high court breathed new life into the provision last year, but attorneys say a recent order for reconsideration of a decision affirming a drilling-friendly municipal zoning ordinance could set clear new standards.

  • August 10, 2018

    Rising Star: Morgan Lewis' Yardena Zwang-Weissman

    Morgan Lewis & Bockius LLP partner Yardena Zwang-Weissman’s work defending Southern California Gas Co. and Sempra Energy following the massive Aliso Canyon gas leak in 2015 helped earn her a spot as one of four environmental lawyers under age 40 selected by Law360 as Rising Stars.

  • August 9, 2018

    Enviros Point 9th Circ. To Pipeline Ruling In Wind Farm Appeal

    A conservation group told the Ninth Circuit on Wednesday that a recent appellate court decision vacating federal approvals for portions of the Mountain Valley pipeline supported its challenge to the Bureau of Indian Affairs’ assent to a lease between a wind farm developer and a California tribe.

  • August 9, 2018

    Ariz. Agency Need Not Consider Water Reserves, Court Says

    The Arizona Department of Water Resources is not required to consider unquantified federal reserved water rights when it determines whether a developer has an adequate water supply, the Arizona Supreme Court said on Thursday in a decision affirming the approval of a water company's application to supply water to a mixed-use development.

Expert Analysis

  • NY Offshore Wind Plan Spotlights Jones Act Compliance

    Charlie Papavizas

    Last month, New York Gov. Andrew Cuomo announced an ambitious offshore wind power plan. But to succeed, the plan must comply with the many restrictions of the Jones Act, a federal law that reserves U.S. domestic maritime trade to U.S.-built vessels owned and operated by Americans, says Charlie Papavizas of Winston & Strawn LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Jones Day Case Highlights Questions Of Atty Privilege Abroad

    Ana Reyes

    Germany’s highest court ruled this month that prosecutors may review the Jones Day documents they seized related to the firm’s representation of Volkswagen. This is a stark reminder that American litigators need to be aware of how attorney-client privilege laws abroad can impact litigation in the United States, say Ana Reyes and Matthew Heins of Williams & Connolly LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • It's All Too Easy To Sell An 'Unregistered Pesticide'

    Jesse Medlong

    Whether a product is legally considered a “pesticide” depends as much on the label as on the chemicals it contains. Retailers and manufacturers face significant liability for selling products that would not, in fact, be pesticides if not for careless labeling. And the problem only increases as e-retailing grows, say Jesse Medlong and George Gigounas of DLA Piper.

  • Is Trump Admin.'s Suspension Of Clean Water Rule Lawful?

    Steven Gordon

    Earlier this year the Trump administration suspended the Clean Water Rule while considering how to rescind or revise it. This action was immediately challenged in New York federal court, presenting some interesting questions about when and how an agency can suspend a regulation that has already taken effect, says Steven Gordon of Holland & Knight LLP.