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Environmental

  • August 14, 2018

    Alaska, Groups Weigh In On High Court Hovercraft Ban Case

    The State of Alaska, an Alaska Native regional corporation and others on Tuesday weighed in on a moose hunter’s U.S. Supreme Court appeal of a Ninth Circuit ruling that said the National Park Service has the right to enforce its hovercraft ban on an Alaska river.

  • August 14, 2018

    Skadden-Led Chinese Electric Carmaker Files $1.8B IPO

    Chinese electric carmaker Nio Inc. filed an estimated $1.8 billion initial public offering on Monday, represented by Skadden Arps Slate Meagher & Flom LLP, setting up the Tesla competitor to record the second-largest U.S. IPO from a Chinese issuer this year.

  • August 14, 2018

    Bosch, GM Want RICO Suit Over Diesel Emissions Tossed

    Robert Bosch and General Motors asked a Michigan federal judge Monday to ax Racketeer Influenced and Corrupt Organizations Act claims in a putative class action accusing the technology supplier and automaker of installing emissions test-cheating devices on Chevrolet Cruze diesel cars, arguing the whole suit should be tossed.

  • August 14, 2018

    Feds Give Green Light For Proposed Alaska Gold Mine

    The U.S. Bureau of Land Management and U.S. Army Corps of Engineers have signed off on a joint record of decision that provides key federal environmental approvals for a proposed Alaska gold mine, a move that was done under the direction of an executive order aimed at speeding up federal reviews.

  • August 14, 2018

    Fiat Chrysler Must Face 'Dirty' Engine RICO Suit, Court Told

    Dodge RAM truck owners on Monday defended their amended proposed class action alleging Fiat Chrysler lied about the vehicles’ emissions performance, insisting that they’ve done extensive testing and have established standing to sue the auto giant and its engine manufacturer under the Racketeer Influenced and Corrupt Organizations Act.

  • August 14, 2018

    US Can't Ease Mexican Import Ban Protecting Porpoise: CIT

    The U.S. Court of International Trade on Tuesday rejected the Trump administration’s bid to limit the scope of a recent ban on seafood imported from Mexico caught with an all-encompassing net that kills the world's smallest and most endangered porpoise, affirming the ban is “effective immediately.”

  • August 14, 2018

    Trusts' $11.7M Fuel Tax Credit Appeal Burned In DC Circ.

    The D.C. Circuit upheld the U.S. Tax Court’s ruling that two trusts involved in the production and sale of landfill gas are not entitled to $11.7 million in tax credits as well as business expense deductions, saying Tuesday that the trusts had not met the necessary statutory requirements to qualify.

  • August 14, 2018

    Ill. AG Takes On Trump Tower Over Wastewater Permit

    The Illinois attorney general has accused the owners of Trump International Hotel and Tower in Chicago of violating state law by discharging heated wastewater into the Chicago River after its permits expired in August.

  • August 14, 2018

    Tesla's Latham-Guided Panel To Study Take-Private Scenarios

    Tesla Inc. said Tuesday that its board of directors has formed a special committee, advised by Latham & Watkins LLP, that will evaluate any going-private proposals for the electric carmaker in the wake of a recent tweet by CEO Elon Musk that signaled his desire to take the company private.

  • August 14, 2018

    Horticultural Biz Broke Preservation Rules, NJ Justices Say

    The New Jersey Supreme Court found Tuesday that a family-owned horticultural business violated the state’s Agriculture Retention and Development Act by removing premier soil on preserved farmland to build greenhouses, reversing a ruling that said further findings were needed to determine if the company ruined the land.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    Suniva Creditor Sues To Halt Removal Of Solar Cell Equipment

    The largest unsecured creditor of bankrupt solar cell maker Suniva Inc. filed an adversary complaint late Friday in Delaware seeking to prevent the debtor from having the creditor remove manufacturing equipment it recently purchased at auction from the debtor’s Norcross, Georgia, factory.

  • August 13, 2018

    Energy Cos. Win Nix Of Suit On Okla. Quake Insurance Costs

    A federal judge on Monday threw out a proposed class action asserting that a slew of oil and gas companies should be forced to pay for Oklahomans’ earthquake insurance premiums given that their use of hydraulic fracturing wastewater disposal wells has allegedly caused a rise in man-made earthquakes in the state.

  • August 13, 2018

    Dentons Grows In Latin America With New Chilean Office

    Dentons announced Monday that it is combining with a Chilean firm, a move the firm's leadership boasted will further shore up its presence in Latin America and enable it to provide legal services to clients around the globe.

  • August 13, 2018

    Dominion Seeks OK For Some Atlantic Coast Pipeline Work

    Dominion Energy Transmission Inc. on Monday said it would quickly address issues that the Federal Energy Regulatory Commission identified when it stopped construction along the length of the $5 billion Atlantic Coast gas pipeline, arguing that work on parts of the project should be allowed to resume immediately.

  • August 13, 2018

    Japanese Utilities Buy Stakes In $2.6B Innogy Wind Farm

    German energy company Innogy SE said Monday it has agreed to sell a 41 percent stake in a £2 billion ($2.6 billion) planned English wind farm to a pair of Japanese electric utilities for an undisclosed amount.

  • August 13, 2018

    Enviros Can't Stop Calif. Housing Permit Over Density Worries

    A California appeals court rejected a conservation group’s challenge to a plan to build six single-family homes on an approximately 11-acre piece of land in the city of Riverside, deciding that there was no basis for the group’s assertion that a further environmental assessment was needed.

  • 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.

Expert Analysis

  • 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.

  • Developments In Environmental Enforcement Since TCJA

    Peter Condron

    The Tax Cuts and Jobs Act has made it more difficult for companies facing environmental enforcement to deduct payments to the government by requiring that settlement agreements and court orders contain specific language. Though the IRS has yet to explain just how parties are to comply, guidance can be found in the rule-making process and recent case law, say attorneys at Crowell & Moring LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Will Blood Testing Revive Medical Monitoring Claims?

    Tony Hopp

    In Burdick v. Tonoga, a New York state trial court recently certified what appears to be the first medical monitoring class defined by the level of a particular chemical measured in class members’ blood serum, signaling a potential revival of interest in medical monitoring class actions, say attorneys with Steptoe & Johnson LLP.

  • A 'Broad' Approach To Toxic Tort Class Cert. At 6th Circ.

    Carol Wood

    Last week, in Martin v. Behr Dayton Thermal Products, the Sixth Circuit affirmed an Ohio federal court’s certification of a so-called “issue class” under Federal Rule of Civil Procedure 23(c)(4). The ruling may serve as persuasive authority for future toxic tort plaintiffs who seek to certify a class without establishing a defendant’s liability to any individual class member with common proof, say attorneys with King & Spalding LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.