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Environmental

  • June 18, 2018

    Feds Say Border Wall Enviro Waiver Within DHS Authority

    The federal government asked a D.C. federal court on Friday to deny a motion for summary judgment in a suit alleging the Trump administration acted outside its authority by waiving multiple environmental oversight laws to expedite the construction of 20 miles of wall along the border between eastern New Mexico and Mexico, arguing Congress was within its rights to grant the waiver and also requesting a quick win.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Fiat Investors Win Cert. In Emissions-Fraud Losses Suit

    A New York federal judge certified a class of Fiat Chrysler investors in a stock-drop suit alleging the automaker lied about using emissions-cheating devices in vehicles in an effort to inflate the company's stock price.

  • June 18, 2018

    High Court To Consider Feds' Hovercraft Ban In Alaska Again

    The U.S. Supreme Court agreed on Monday to review a Ninth Circuit ruling holding that the National Park Service has the right to enforce its hovercraft ban on an Alaska river, setting the high court up to consider the dispute for the second time.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    EPA Can’t Trash Enviros’ Pesticide Suit, Judge Says

    The U.S. Environmental Protection Agency can’t nix allegations it failed to investigate the effect of more than 2,000 pesticide products on endangered species, a California federal judge said Friday, but he added that, down the line, environmentalists need to do a “much better job” of linking animals to the chemicals purportedly threatening them.

  • June 15, 2018

    Climate Split Persists As FERC Upholds $3.5B Pipeline OK

    A divided Federal Energy Regulatory Commission said on Friday that it would not reconsider its approval of Mountain Valley Pipeline LLC's controversial $3.5 billion natural gas pipeline, with the five commissioners once again split along partisan lines over the agency's obligations to consider the climate change impacts of pipeline projects.

  • June 15, 2018

    EPA Promises To Ensure Lead Paint Inspectors Are Trained

    The U.S. Environmental Protection Agency has promised to ensure workers checking for lead paint at renovation projects are properly trained and credentialed after a whistleblower-prompted investigation found the agency used unqualified inspectors in the Southeast during the Obama administration, the U.S. Office of Special Counsel said Thursday.

  • June 15, 2018

    Tribal, Green Groups Sue DOI To Force Plan For Mine Closure

    The SIerra Club and three groups including Navajo and Hopi tribe members asked an Arizona federal court Thursday to order the U.S. Department of the Interior to figure out how to clean up a coal mine that feeds the Navajo Generating Station, saying it violated federal law by failing to do so in anticipation of the plant’s closure late next year.

  • June 15, 2018

    Drivers Slam Ford, Bosch Bid To Sink Emissions-Cheating Suit

    Consumers told a Michigan federal judge Friday that they’ve made detailed and specific allegations that Ford Motor Co. and auto parts supplier Robert Bosch LLC schemed to rig 500,000 heavy-duty trucks to cheat emissions tests, and that the companies shouldn’t be allowed to escape a suit seeking to hold them liable for their deceit.

  • June 15, 2018

    EPA Cost-Benefit Review Signals Big Concessions To Industry

    The U.S. Environmental Protection Agency recently said it is considering altering its approach to regulatory cost-benefit analyses to reflect industry groups' concerns that the process is weighted against them, something experts say would be tough to implement as a one-size-fits-all rule and would surely invite legal challenges from environmental and other public interest groups.

  • June 15, 2018

    Senate Funding Bill Staves Off Cuts To Indian Programs

    The Senate Appropriations Committee approved a $36 billion funding bill Thursday that largely increased spending over the levels proposed by the Trump administration for federal programs providing health care, education and other services to Native American tribes.

  • June 15, 2018

    Fed. Circ. Won’t Lift Tariffs From Canadian Solar Cos.

    The Federal Circuit declined Friday to spare Canadian producers from safeguard tariffs imposed on solar products, finding in a precedential opinion that the solar panel companies challenging the tariffs were not likely to ultimately succeed in court.

  • June 15, 2018

    Shareholders Allege PG&E Fraud In Suit Over Calif. Wildfires

    Shareholders hit PG&E Corp. with a proposed class action Thursday accusing the utility of defrauding investors by claiming to comply with California safety regulations despite a state investigation blaming PG&E for a dozen of the wildfires that ravaged the state in 2017.

  • June 15, 2018

    EPA, Corps Close To Clean Water Rule Replacement Proposal

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers moved closer on Friday to officially proposing a replacement for a controversial Obama-era rule defining the Clean Water Act's reach.

  • June 15, 2018

    Maxus Trustee Targets YPF, Repsol In $14B Ch. 11 Fraud Suit

    The liquidating trust for bankrupt Maxus Energy on Thursday launched a potential $14 billion, 23-count adversary suit in Delaware Bankruptcy Court against Spanish energy giant Repsol SA and Argentina-based YPF SA, accusing both of using Chapter 11 to duck U.S. environmental liabilities.

Expert Analysis

  • Opinion

    We Need A Federal Plan To Combat Sea Level Rise

    Michael Parker

    Climate resiliency measures to abate future disasters in coastal cities like Boston need to be taken now to avoid disasters and save hundreds of billions of dollars in the future. But climate change needs a master plan; it cannot be left to thousands of cities to coordinate efforts — that is what our federal system is for, says Michael Parker of Rackemann Sawyer & Brewster.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Tips For Solar Power Operators Facing Reliability Audits

    Ashley Cooper

    As solar power developments spread across the country, more of them are triggering mandatory reliability standards and related reliability audits. These audits are intense, lengthy and often a foreign concept to solar and other renewable developers who own or operate generating facilities, says Ashley Cooper of Parker Poe Adams & Bernstein LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Opioid MDL Order Shows Need For Broad Funding Disclosure

    Alex Dahl

    The judge in the national opioid multidistrict litigation recently ordered lawyers to disclose whether their cases are financed by third parties. This has drawn attention to courts’ responsibility to address problems surrounding third-party litigation funding, but a uniform funding disclosure requirement would be more effective, says Alex Dahl of Strategic Policy Counsel PLLC.

  • PFAS: Not Your Typical Emerging Contaminants — Part 2

    Jeffrey Dintzer

    The emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances have captured the attention of regulators and courts across the country. In the final part of this series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss how to prepare for the growing risk that PFAS regulations and litigation can pose.

  • PFAS: Not Your Typical Emerging Contaminants — Part 1

    Jeffrey Dintzer

    The U.S. Environmental Protection Agency recently held its National Leadership Summit with the goal of “taking action” on the emerging contaminants known as perfluoroalkyl or polyfluoroalkyl substances. In part one of this two-part series, Jeffrey Dintzer and Nathaniel Johnson of Alston & Bird LLP discuss the possible legal consequences for businesses that manufacture, sell or consume PFAS products.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.