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Environmental

  • October 12, 2018

    Van Ness Feldman Expands With 5 Partners In Calif., DC

    Van Ness Feldman LLP gained five Hunsucker Goodstein PC partners as the two firms combined, with two of the Hunsucker attorneys heading up a new San Francisco Bay Area office focused on environmental practice and litigation. 

  • October 12, 2018

    Manning Gross, Kurowski Shultz To Join Forces In January

    National litigation firms Manning Gross & Massenburg LLP and Kurowski Shultz LLC have announced they will join forces starting next year.

  • October 12, 2018

    Insurance Co. Fights Coverage Over Malibu Home Defects

    Insurer Houston Casualty Co. launched a lawsuit in California federal court against companies involved in the construction of an oceanfront Malibu home, saying it does not have to protect them from a state court lawsuit alleging various issues with the house, including the use of hazardous chemicals.

  • October 11, 2018

    Permian Water Disposal A Thorn In Our Side, Oil Execs Say

    Disposing of water used in oil and gas operations in the relatively rural stretches of the Permian Basin is one of the biggest challenges facing energy companies, executives from Shell and Callon Petroleum Co. said at a Houston energy panel on Thursday.

  • October 11, 2018

    Co. Has Duty To Asbestos Worker's Family, Va. Court Finds

    Employers do owe a duty to family members of workers who may face exposure to asbestos through the workers’ clothing, the Virginia Supreme Court said Thursday in deciding a certified question sent from Virginia federal court.

  • October 11, 2018

    US, Mining Co. Say No More Tribal Claims In Mine Permit Case

    A mining company and the federal government have told a Wisconsin federal court that the Menominee Indian Tribe of Wisconsin should not be able to add claims to its challenge to the state’s authority to issue permits for a proposed mine.

  • October 11, 2018

    Senate Gives Nod For Top DOJ Enviro Post After Long Wait

    The Senate approved President Donald Trump's nominee Jeffrey Bossert Clark for assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division on Thursday in a largely party-line vote, concluding a nomination process that started more than a year ago.

  • October 11, 2018

    PJM Boss Critical Of Trump's Coal, Nuke Bailout Efforts

    Rather than order a bailout of coal and nuclear power plants in the name of preserving electricity grid resiliency, the Trump administration should let regulators and regional grid operators tackle the issue first, the head of PJM Interconnection, the U.S.' largest grid operator, told a Senate energy panel Thursday.

  • October 11, 2018

    Lithium Producer Livent Raises $340M After IPO Falls Short

    Lithium producer Livent Corp., represented by Davis Polk & Wardwell LLP, raised $340 million after completing an initial public offering that priced below range and subsequently saw its shares dip in debut trading Thursday amid a broader sell-off on Wall Street.

  • October 11, 2018

    3M, Others Try To Pause Foam Contamination Suits For MDL

    3M Co., Tyco Fire Products LP and other companies that produced a fire-suppressant foam that is at the center of lawsuits claiming the foam caused illnesses asked a Massachusetts federal court to put a selection of cases over the product on hold while the suits are considered for multidistrict litigation.

  • October 10, 2018

    Monsanto Nears $250M Slash Of Landmark Roundup Verdict

    A California judge seemed poised Wednesday to throw out a jury's $250 million award for punitive damages against Monsanto, finding in a tentative ruling that the plaintiff — a groundskeeper who alleged Roundup weedkiller caused his lymphoma — hadn't proved any malicious intent by the agrochemical giant.

  • October 10, 2018

    Enviros Ask Ga. Court To Uphold EPA, Army Corps Water Rule

    Environmental groups on Wednesday asked a Georgia federal court to uphold the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers’ highly contested Clean Water Rule and dissolve an injunction barring the agencies from implementing the rule.

  • October 10, 2018

    DOI Facing FOIA Suit Over Zinke Travel Records

    A conservation group and a transparency advocate jointly filed suit in D.C. federal court Wednesday against the U.S. Department of the Interior accusing it of repeatedly failing to provide travel documents and other information about Secretary Ryan Zinke requested under the Freedom of Information Act.

  • October 10, 2018

    Ute Tribe Seeks Judge's Recusal In Tribal Water Theft Suit

    The Ute Indian Tribe moved Tuesday to disqualify a Utah federal judge from its suit seeking to confirm a nearly $150,000 tribal court judgment stemming from the alleged theft of tribal water, saying the jurist has consistently shown bias against the tribe and hostility toward the tenets of federal Indian law and policy.

  • October 10, 2018

    Enviros Denied Rehearing Of 4th Circ. Coal Ash Decision

    The Fourth Circuit on Wednesday denied a bid by the Sierra Club to rehear a panel decision that said coal ash settling ponds that allegedly seep pollutants into nearby waterways are not subject to claims under the Clean Water Act.

  • October 10, 2018

    Simpson Thacher, Stikeman Elliott Steer $2.8B Enviro Biz Deal

    GFL Environmental Inc. and private equity-backed Waste Industries USA Inc. said Wednesday they have agreed to the terms of a merger valuing Waste Industries at $2.8 billion (C$3.6 billion) in a deal guided by Simpson Thacher & Bartlett LLP and Stikeman Elliott LLP.

  • October 10, 2018

    Sunoco Wants Pa. Pipeline Damage Class Action Trimmed

    Sunoco Logistics Partners on Tuesday urged a Pennsylvania federal judge to trim a proposed class action claiming that construction of its controversial Mariner East 2 pipeline caused significant property damage and left homeowners at risk of possible catastrophic explosion.

  • October 10, 2018

    Senate Sends Water Infrastructure Legislation To Trump

    The U.S. Senate on Wednesday overwhelmingly passed a water infrastructure construction and reform bill that authorizes dozens of new projects including upgrading aging drinking water, wastewater and irrigation systems.

  • October 10, 2018

    Bosch Says Conspiracy Claims In Emissions Suit Groundless

    A consolidated class action against BMW of North America LLC and Robert Bosch LLC accusing them of designing emissions systems that eluded test standards ultimately fails because it never establishes a conspiracy between the two companies, Bosch argued in a brief filed Tuesday in New Jersey federal court.

  • 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.

Expert Analysis

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 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.