Environmental

  • July 25, 2017

    Sunoco Ordered To Halt Mariner East Pipeline Construction

    A Sunoco Inc. unit was ordered to halt work on portions of its controversial Mariner East 2 natural gas pipeline in Pennsylvania on Tuesday following spills and drinking water contamination linked to construction-related drilling activity.

  • July 25, 2017

    Pump-And-Dump Orchestrator Ordered To Pay $9.2M To SEC

    The U.S. Securities and Exchange Commission announced Monday that it had obtained final judgment against a man accused of arranging a pump-and-dump stock manipulation scam involving Chimera Energy Corp., an action that enjoins him from violating certain securities law provisions and forces him to pay $9.2 million.

  • July 25, 2017

    New York Beats Back Challenges To Nuke Plant Subsidies

    A New York federal judge on Tuesday nixed challenges to the Empire State's plan to subsidize struggling nuclear power plants, saying the plan doesn't intrude on federal jurisdiction of wholesale electricity markets and is a constitutional use of the state’s authority to tackle climate change.

  • July 25, 2017

    DOI Mining Decision Can Be Challenged, 10th Circ. Says

    The Tenth Circuit on Tuesday reversed a lower court's dismissal of a coal miner's challenge of an enforcement decision by a U.S. Department of the Interior administrative law judge, saying such decisions are final and subject to judicial review once the agency's appeals board declines to stay them.

  • July 25, 2017

    PETA Ordered To Pay Costs In Seaquarium Orca Suit

    A Florida federal judge on Monday adopted the recommendations of a magistrate judge that said Miami Seaquarium should be awarded more than $24,000 for the costs incurred defending a suit over a captive orca, overruling the objections of plaintiff People for the Ethical Treatment of Animals Inc.

  • July 25, 2017

    VW Exec To Plead Guilty In Emissions Cover-Up Case

    A Volkswagen AG executive accused of aiding in a conspiracy to cover up a diesel emissions cheating scandal is set to enter a guilty plea before a Michigan federal judge next month, according to a Tuesday court order.

  • July 25, 2017

    Gov. Brown Signs Extension Of Calif. Cap-And-Trade To 2030

    California Gov. Jerry Brown on Tuesday signed into law a 10-year extension of California's landmark cap-and-trade program, the centerpiece of the state's push to decrease greenhouse gas emissions by 40 percent from 1990 levels.

  • July 25, 2017

    LA County Seeks Immediate Pause On Aliso Canyon Injections

    The County of Los Angeles asked a California court on Monday to immediately halt a state agency’s authorization letting SoCalGas restart injections at the Aliso Canyon gas storage facility, arguing that in the wake of a massive gas leak in 2015, more work on earthquake resiliency is needed.

  • July 25, 2017

    Utilities Hid Climate Change Knowledge, Green Group Says

    The electric power industry knew of the climate change risks of burning fossil fuels as early as 1968, but concealed its knowledge and actively worked to block solutions, an environmental group said Tuesday.

  • July 24, 2017

    10th Circ. Again Nixes Challenge To Santa Fe Park Rules

    The Tenth Circuit on Monday affirmed a lower court’s determination that a challenge to a U.S. Forest Service action restricting vehicle access in the Santa Fe National Forest couldn't be brought for a second time because the issues of standing that doomed the first suit had already been decided.

  • July 24, 2017

    Senate Approves BigLaw Partner As Trump Interior Deputy

    The Senate has approved a Brownstein Hyatt Farber Schreck LLP partner as President Donald Trump’s pick to be Interior Secretary Ryan Zinke’s top deputy Monday, putting one of the administration’s first new picks into the agency.

  • July 24, 2017

    AGs Sue EPA For Delaying Rule On Chemical Risk Plans

    New York Attorney General Eric Schneiderman and 10 other attorneys general on Monday asked the D.C. Circuit court to overturn the U.S. Environmental Protection Agency’s move postponing by nearly two years the implementation of an Obama-era rule designed to reduce the risk of chemical accidents, calling the delay illegal.

  • July 24, 2017

    Flood Board Asks High Court To Revive Coastal Damage Suit

    A Louisiana flood protection board has asked the U.S. Supreme Court to revive the agency's multibillion-dollar suit alleging that the oil and gas drilling activities of 80 energy companies, including BP PLC, Exxon Mobil Corp. and Chevron Corp., have damaged the state’s coastal ecosystems.

  • July 24, 2017

    Chevron Pays $1M Fine, $20M In Upgrades Over Refinery Fire

    Chevron Corp. agreed to pay a $1 million fine and to make about $20 million worth of safety improvements at a Richmond, California, refinery, settling a long-running dispute with Golden State safety regulators over penalties levied following a 2012 fire, regulators said Monday.

  • July 24, 2017

    No Redo For NM Utility In Navajo Right-Of-Way Suit: 10th Circ.

    The Tenth Circuit on Friday rejected a request by a New Mexico utility to rethink its ruling that the company cannot secure a path for a transmission line through property partly owned by the Navajo Nation, despite the utility’s contention that the ruling will make it harder for state and local governments to carry out infrastructure projects.

  • July 24, 2017

    Alaska Seeks High Court Review Of 'Threatened' Seal Listing

    The state of Alaska, along with local and Native communities and business groups, on Friday urged the U.S. Supreme Court to overturn the Ninth Circuit's ruling that climate change projections could be used to list an Arctic seal population as a threatened species under the Endangered Species Act.

  • July 24, 2017

    Sierra Club Says Georgia Power Coal Ash Plans Violate CWA

    The Sierra Club sent Georgia Power Co. a notice of intent to sue Monday, arguing that the company's plans for dealing with coal ash at several of its power plants violate the Clean Water Act because it did not obtain the proper National Pollutant Discharge Elimination System permits.

  • July 24, 2017

    German Automakers Face European Antitrust Probes

    European and German antitrust authorities are investigating allegations that German automakers Volkswagen AG, Daimler AG and BMW AG colluded for decades on vehicle specifications and technology, the European Commission confirmed Monday.

  • July 24, 2017

    W.Va. Halts Work On $4B ETP Pipeline Amid Enviro Violations

    West Virginia environmental regulators have given Energy Transfer Partners LP's Rover pipeline project another regulatory black eye, blocking work on portions of the $4.2 billion project because of several environmental and permitting violations, according to a Federal Energy Regulatory Commission notice published Monday.

  • July 24, 2017

    ND Oil Group Blasts Bid To Shut Down Dakota Access Pipeline

    The North Dakota Petroleum Council is getting behind efforts to maintain approval of the Dakota Access crude oil pipeline while the U.S. Army Corps of Engineers redoes part of an environmental review, telling a Washington, D.C., federal judge last week the pipeline is too important to the state’s economy to shut down even temporarily.

Expert Analysis

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Why Conn.’s Renewable Program Survived A Legal Challenge

    Jennifer Mersing

    Last month, the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and credit program. While the decision raises some questions about the boundaries of states' renewable energy programs, its narrow reading of the U.S. Supreme Court’s ruling in Hughes v. Talen Energy supports a wide range of state incentives in this area, says Jennifer Mersing of Stoel Rives LLP.

  • The Current State Of Water Infrastructure Funding

    Jerome Muys

    With the new administration’s infrastructure initiative likely to focus on transportation, water utilities almost certainly will confront continuing funding shortfalls. Jerry Muys of Sullivan & Worcester LLP examines why private investors haven't been willing to move beyond their historical antipathy toward the public water sector and provide the funding necessary to keep it afloat.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Insights From Recent Rise In Nuisance And Trespass Cases

    Carlos Romo

    Property owners are increasingly turning to common law nuisance and trespass claims for suits against neighboring industrial activities. Why has there been an upsurge in these cases? Carlos Romo of Lewis Bess Williams & Weese PC examines recent state and federal cases highlighting various legal issues associated with these types of claims.

  • Shareholders Want More Climate Change Risk Disclosure

    Jane Montgomery

    Shareholders recently voted for more disclosure of future climate change impact on ExxonMobil's business outlook. This raises two questions, say Jane Montgomery and David Loring of Schiff Hardin LLP: What climate risks do investors want to know about? And how can a business disclose them?

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.