Environmental

  • May 17, 2018

    EPA Floats Rollback Of Obama-Era Chemical Safety Regs

    The U.S. Environmental Protection Agency on Thursday proposed rollbacks of several key provisions of an Obama-era chemical risk management rule as it fights a legal battle with environmental groups and a steelworkers' union over a delay of the rule to mull reconsideration bids from industry groups and several states.

  • May 17, 2018

    FERC Tees Up Review Of Public Utility Regulatory Policies

    The chairman of the Federal Energy Regulatory Commission announced Thursday that the commission will review its longstanding policies under the four-decade-old Public Utility Regulatory Policies Act, which directs utilities to buy electricity from small-scale producers.

  • May 17, 2018

    Immigration Standoff Threatens Farm Bill Passage In House

    Congress’ long-simmering immigration debate boiled over Thursday, potentially upsetting the five-year reauthorization of many farm and food stamp programs in the House as conservative members threatened to vote down the legislation.

  • May 17, 2018

    Ex-Williams Cuker Partner Sued Over Firm's Windup

    A former partner with now-defunct Williams Cuker Berezofsky is facing accusations in Pennsylvania state court that she violated a firm windup agreement by cutting one of her ex-colleagues out of class litigation on behalf of Flint, Michigan, residents over lead contamination in their water.

  • May 17, 2018

    NL Industries To Pay $60M To End Calif. Lead Paint Suit

    After nearly two decades, a slew of California cities and counties have accepted a $60.2 million deal from NL Industries Inc. to end lead paint allegations in California state court and fund remediation of lead paint in homes, the San Francisco city attorney announced Wednesday.

  • May 17, 2018

    Spain Told To Pay Emirati Energy Co. $76M In Solar Row

    International arbitrators with the World Bank handed United Arab Emirates’ state-owned renewable energy firm a €64.5 million ($76.09 million) award against Spain, finding that Spain breached its treaty obligations when it slashed the price it would pay for solar power. 

  • May 17, 2018

    BLM Gives Enviro OK To Solar Project, Utility Corridor

    The U.S. Bureau of Land Management announced on Thursday that it has given the final environmental thumbs-up to a proposed 500-megawatt solar power plant in California and a proposed utility corridor in Utah, inching the agency closer to deciding whether to officially greenlight the projects.

  • May 17, 2018

    SQM Again Beats Calif. City's $30M Tainted Water Suit At Trial

    A California federal jury on Thursday rejected the city of Pomona's claim that mining company SQM's North American unit owes it $30 million to remedy groundwater contaminated by perchlorate allegedly originating from SQM fertilizer, handing SQM a second victory after the Ninth Circuit vacated a prior trial win.

  • May 17, 2018

    Minn. Legislature Passes Bill To Greenlight Pipeline Project

    The Minnesota House of Representatives on Thursday passed an amended piece of legislation that authorizes the company behind a pipeline replacement project to go ahead with construction, according to legislative records.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Alaska Timber Sale Review Is Outdated, Enviros' Suit Says

    Conservation groups and a business filed suit in Alaska federal court on Wednesday challenging a U.S. Forest Service timber sale of more than 500 acres on an island about 100 miles south of Juneau, saying the environmental analysis done a decade ago doesn't account for new conditions.

  • May 16, 2018

    SQM Owes $30M For Tainted Groundwater, Calif. City Says

    Chilean mining company SQM sold thousands of tons of perchlorate-bearing fertilizer to California farmers in the 1930s and '40s and its U.S. unit can’t now shirk responsibility for perchlorate contamination in California city Pomona’s groundwater, counsel for the city argued in asking a federal jury to award it $30 million during closing arguments Wednesday .

  • May 16, 2018

    Insurers Can't Evade New Claims In Dairy's Manure Suit

    A Washington federal judge dismissed a claim Wednesday in a dairy operation’s suit against four insurers regarding underlying manure-contamination claims, saying the insurers were not required to inform the dairy operation about the possibility of mediation, but rejected two other theories.

  • May 16, 2018

    4th Circ. Ruling Shows It's Open Season On Pipeline Permits

    The Fourth Circuit's invalidation Tuesday of a U.S. Fish and Wildlife Service permit allowing developers of the $5 billion Atlantic Coast natural gas pipeline to injure certain endangered and threatened species during construction highlights the growing, multifront legal battle against pipeline projects, where virtually any federal or state approval is ripe for a court challenge.

  • May 16, 2018

    Liberty, Travelers Off Hook For Costs In Ala. Enviro Cleanup

    A California federal judge on Tuesday ruled that Liberty Mutual and Travelers don’t have to cover environmental cleanup costs for an electronics company that struck a deal with an Alabama regulator, finding the policies only obligated the insurers to pay costs racked up as damages from a lawsuit.

  • May 16, 2018

    FERC Loses Bid To Put $3.5B Pipeline Fight On Hold

    The D.C. Circuit on Wednesday denied the Federal Energy Regulatory Commission’s bid to put litigation fighting the approval of the $3.5 billion Mountain Valley gas pipeline on hold, handing a win to environmental groups challenging the project.

  • May 16, 2018

    EPA's Pruitt Acknowledges Ethics Missteps, Notes Changes

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Wednesday told senators that after months of facing ethics investigations, he has instituted new procedures intended to avoid such troublesome entanglements in the future.

  • May 16, 2018

    Green Groups Sue To Get Hardrock Mining Cleanup Cost Rule

    Environmental groups on Wednesday sued the Trump administration in the D.C. Circuit over its decision not to issue final regulations requiring hardrock mining facilities to prove they can pay for cleanup efforts that their operations might necessitate.

  • May 16, 2018

    Oakland Lacked Evidence For Coal Shipping Ban, Judge Says

    A California federal judge said Tuesday that Oakland could not ban a cargo shipping terminal developer's proposed coal operations based on claims they would pose a substantial health or safety risk, finding the city violated its contract with the firm by passing regulations without enough evidence of danger.

  • May 16, 2018

    Enviros Score In Bi-State Sage Grouse Protection Battle

    A California magistrate judge handed a quick win Tuesday to four environmental groups challenging the U.S. Fish and Wildlife Service’s decision to reverse course on a plan to protect the bi-state sage grouse under the Endangered Species Act.

Expert Analysis

  • Capturing Carbon Tax Credits: A Climate Of Opportunity

    Ali Zaidi

    A new law revising the current Internal Revenue Code Section 45Q carbon dioxide tax credit could deliver tens of millions of dollars per project in tax cuts for developers and investors in carbon removal, say attorneys from Morrison & Foerster LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • A Closer Look At EPA's Proposed Coal Ash Rule

    Steven Burns

    What exactly did the U.S. Environmental Protection Agency suggest in its recently introduced coal combustion residuals remand rule? Steven Burns of Balch & Bingham LLP reviews what the rule actually proposes and where those proposals come from.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Is A FERC Pipeline Policy Reset Coming?

    Cynthia Taub

    The Federal Energy Regulatory Commission recently initiated a review of its 1999 certificate policy statement, which many landowners, environmentalists and others have argued excessively favors approval of natural gas infrastructure. However, a review does not necessarily signal a preference by the commission to change its existing policy, say attorneys with Steptoe & Johnson LLP.

  • Time To Express Interest In Federal Water Infrastructure Loans

    Alison Torbitt

    The U.S. Environmental Protection Agency recently issued its notice of funding availability for 2018 projects under the Water Infrastructure Finance and Innovation Act. Attorneys with Nixon Peabody LLP discuss the types of projects most likely to get funded and steps to increase the likelihood of selection.