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Environmental

  • October 10, 2018

    Ky. Utility Wants 6th Circ. Redo On Groups' Pollution Claims

    Kentucky Utilities Co. has asked the Sixth Circuit to rehear a panel’s decision that allowed environmentalists to bring claims under the Resource Conservation and Recovery Act over allegations the utility’s coal ash was polluting waterways.

  • October 9, 2018

    DOI Seeks To End Losing Candidates' Tribal Election Suit

    The U.S. Department of the Interior has again urged a Washington federal court to toss a lawsuit by four Nooksack tribal council candidates alleging that the DOI failed to properly oversee an election they lost, saying the plaintiffs really want to bring suit against the tribe but cannot do so because it can claim sovereign immunity.

  • October 9, 2018

    DOT Aims To Dump Fla. Counties' Bid To Bar $1.15B Rail Line

    The federal government has urged a D.C. federal court to dump two Florida counties' suit seeking to block the second phase of the Brightline passenger rail project that would connect Miami to Orlando, arguing the court has already rejected the counties' arguments in previous litigation.

  • October 9, 2018

    'Chemo Brain' Should Expedite 2nd Roundup Trial, Judge Told

    Attorneys representing a couple with cancer urged a California judge Tuesday to expedite the trial schedule of their lawsuit alleging Monsanto’s Roundup herbicides gave them cancer, arguing that chemotherapy is giving them "chemo brain," impairing their ability to participate in their trial properly as time goes on.

  • October 9, 2018

    OK To Have Electric Car Credit Repeal In Larger Deal: Senator

    A leading Republican senator who introduced legislation Tuesday that would repeal the tax credit for electric vehicle consumers is open to having that bill included in a larger tax-oriented deal that could come up later this year.

  • October 9, 2018

    7th Circ. Won't Budge From Ill. Nuke Subsidy Ruling

    The Seventh Circuit on Tuesday refused to reconsider its ruling backing subsidies offered by Illinois to prop up struggling nuclear power plants, rejecting a rehearing request from a coalition of independent power producers who argued that the decision rested on incorrectly presuming that a lower court granted summary judgment.

  • October 9, 2018

    Justices Allow SG To Argue Wash. Fuel Tax Applies To Tribe

    The U.S. Supreme Court will allow the U.S. solicitor general to present oral arguments in Washington state’s appeal of a state court finding that a Yakama Nation-owned fuel distributor isn’t liable for fuel importation taxes, according to a Tuesday order.

  • October 9, 2018

    ND Tribal Landowners Hit Texas Oil Cos. With Pipeline Suit

    Landowning members of the Three Affiliated Tribes hit a group of Texas oil companies with a proposed class action in federal court, alleging the companies have been operating an oil pipeline across their North Dakota reservation lands without getting the landowners’ permission.

  • October 9, 2018

    Mining Association Asks 9th Circ. To Revisit Oregon Regs

    The American Exploration & Mining Association said the Ninth Circuit should revisit its recent split panel decision that upheld an Oregon measure prohibiting motorized mining methods in certain salmon habitats, arguing the opinion conflicts with the intent of Congress.

  • October 9, 2018

    High Court Won't Review NY Honeywell Cleanup Fight

    The U.S. Supreme Court on Tuesday declined to resurrect a suit by upstate New York residents against Honeywell International Inc. that accused the company of exposing them to “hazardous concentrations of toxic vapor” during a cleanup of Onondaga Lake.

  • October 9, 2018

    Dutch Appeals Court Backs Greenhouse Gas Reduction Order

    A Netherlands appeals court on Tuesday upheld a lower court ruling directing the federal government to slash greenhouse gas emissions by at least 25 percent from 1990 levels by 2020, saying the European human rights law requires the government to take such action to combat climate change.

  • October 9, 2018

    High Court Won't Review Invalidation Of EPA Rule For HFCs

    The U.S. Supreme Court on Tuesday refused to take up challenges to the D.C. Circuit’s determination invalidating a U.S. Environmental Protection Agency rule forcing manufacturers to stop using hydrofluorocarbons, a lower court decision authored by newly minted Justice Brett Kavanaugh.

  • October 5, 2018

    Stay Of Kids' Climate Suit Sought Pending High Court Review

    The U.S. government asked an Oregon federal judge Friday to stay a suit accusing federal agencies and the president of failing to protect future generations from the effects of climate change, saying it intends to ask the U.S. Supreme Court to dismiss the case because the district court is taking too long.

  • October 5, 2018

    EPA Defends Lower-Than-Requested Biodiesel Quotas

    The Environmental Protection Agency at the D.C. Circuit on Friday defended its decision to set production volumes for biomass-based biodiesel under the Renewable Fuel Standard Statute below the amount requested by the industry for 2018, saying a higher quota could “crowd out” opportunities for other advanced biofuels.

  • October 5, 2018

    6 Firms To Guide 5 IPOs Exceeding $1B Led By Lithium Co.

    Six law firms expect to guide five initial public offerings estimated to raise nearly $1.1 billion during the week of Oct. 8, steering a lineup led by a lithium producer seeking to rev up the market for electric-car batteries, plus three biotechnology firms and a technology startup.

  • October 5, 2018

    Carbon Pricing Talk Heats Up Amid State-Federal Policy Rift

    As federally overseen interstate electricity markets continue to wrestle with how to accommodate state policies that prioritize power sources like renewable energy, regulators and even some fossil-fuel power producers are warming to the idea that putting a price on carbon in regional power markets could ease growing state-federal tensions.

  • October 5, 2018

    Gov't Seeks To Appeal Ruling On Tribal Dam Maintenance

    The government has urged a Federal Claims Court judge to allow an appeal of his decision not to toss some claims from a suit alleging the government failed in its trust duty to the White Mountain Apache Tribe by failing to maintain and repair certain dams.

  • October 5, 2018

    European Investment Bank Loans $242M For Wind Project

    The European Investment Bank has loaned €210 million ($241.9 million) for construction of a wind project off the coast of Belgium, the bank announced on Friday.

  • October 5, 2018

    Mining Co. Says No Class Cert. In Brazil Dam Collapse Case

    A Brazilian mining company has told a New York federal court a securities fraud putative class action brought by investors over statements made before and after a dam collapse in Brazil that killed 19 people should not be certified, saying that resolving the lead plaintiffs' claims won't produce common answers.

  • October 5, 2018

    Changes To RFS Needed To Save Refiners, DC Circ. Hears

    A group of independent refiners Friday slammed the Environmental Protection Agency at the D.C. Circuit for refusing to make changes to obligations under the Renewable Fuel Standard Program they say threaten to ruin them.

Expert Analysis

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Kavanaugh's Chevron Skepticism May Impact Enviro Regs

    Andrea Driggs

    Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • The EPA Isn’t Putting Asbestos Back Into Buildings

    Andrew Knudsen

    This summer, the U.S. Environmental Protection Agency sparked public outrage with its proposed "significant new use" rule addressing certain commercial uses of asbestos. But the EPA’s proposed action would actually impose substantial new prohibitions on the listed uses of asbestos — which currently are not regulated by the EPA at all, says Andrew Knudsen of Hunton Andrews Kurth LLP.

  • What The Arkema Indictment Means For Chemical Cos.

    Benjamin Patton

    Last month, a Texas grand jury indicted Arkema Inc., its CEO and a plant manager for allowing a release of air contaminants during Hurricane Harvey. The indictment is legally significant because it represents a criminal prosecution for a safety incident that involved no fatalities or catastrophic environmental harm, say Benjamin Patton and Mary Balaster of Reed Smith LLP.