Environmental

  • May 15, 2018

    Judge OKs More Depositions In Fiat Chrysler Stock Drop Suit

    A New York federal judge on Monday partially granted a bid from Fiat Chrysler investors to depose more witnesses and add interrogatories in their suit alleging the automaker hid the existence of emissions control instruments dubbed defeat devices in vehicles in an effort to inflate share prices.

  • May 15, 2018

    2nd Circ. Nixes Enviro Challenge To Gas Facility Permit

    The Second Circuit on Tuesday declined to review the U.S. Environmental Protection Agency’s decision not to object to a Clean Air Act permit issued by New York regulators to a landfill gas-burning facility, dealing a blow to environmentalists challenging the approval.

  • May 15, 2018

    Enviros Join EPA Fuel Economy Rollback Fight

    Seven environmental and consumer advocacy groups on Tuesday launched the latest in a string of challenges before the D.C. Circuit to the U.S. Environmental Protection Agency's decision to revisit Obama-era greenhouse gas vehicle emission standards.

  • May 15, 2018

    Tribe Loses LNG Permit Challenge In Wash. Appeals Court

    A Washington appeals court on Monday backed a development permit issued for a Puget Sound Energy liquefied natural gas project in Tacoma, Washington, rejecting arguments from the Puyallup Tribe that state shoreline regulators wrongly affirmed the permit issued by the city.

  • May 15, 2018

    Calif. Tribe Asks Justices To Spurn County's Casino Land Suit

    The Ione Band of Miwok Indians urged the U.S. Supreme Court on Monday to reject a California county’s challenge to a U.S. Department of the Interior land-into-trust acquisition for a proposed tribal casino, saying the Ninth Circuit correctly interpreted federal law in backing the department’s decision.

  • May 15, 2018

    EPA Post-VW Emission Testing Could Be Better: OIG

    The U.S. Environmental Protection Agency's Office of Inspector General on Tuesday said the EPA has improved its vehicle emissions testing programs in the wake of the Volkswagen emissions cheating scandal, but should do more to increase compliance.

  • May 15, 2018

    Enviros Lodge Discrimination Case Over NC Pipeline Permits

    A coalition of environmental and civil rights groups on Tuesday urged the U.S. Environmental Protection Agency to nix permits from North Carolina environmental regulators for the $5 billion Atlantic Coast natural gas pipeline, claiming the state ignored the project's disproportionate effects against African-American and Native American communities along its path.

  • May 15, 2018

    20 Senators Want EPA To Extend Deadline On Science Rules

    A group of 20 senators on Monday wrote a letter to U.S. Environmental Protection Agency Administrator Scott Pruitt, asking him to extend the comment period for a proposed rule that would impact the types of scientific studies the agency could use to support its decision-making.

  • May 15, 2018

    100 Oil Cos., Banks Urged To Pass On Arctic Refuge Drilling

    Investors with $2.52 trillion in total assets, including the New York State Common Retirement Fund, Trinity Health and BNP Paribas AM, as well as dozens of environmental and tribal groups pressed oil and gas companies and the banks that back them Monday not to drill in the Arctic National Wildlife Refuge.

  • May 15, 2018

    DC Circ. Won't Revive Ex-EPA Supervisor's Age Bias Suit

    The D.C. Circuit on Tuesday affirmed dismissal of a former U.S. Environmental Protection Agency criminal enforcement office supervisor's age bias suit against the agency, agreeing with the lower court that he missed a deadline to sue.

  • May 15, 2018

    NJ Agency Blasts Trenk DiPasquale Bid To Limit Email Probe

    A defunct Newark water agency has pushed back against an informal bid by its former counsel Trenk DiPasquale Della Fera & Sodono PC to limit a forensic inspection of the firm’s electronic devices, telling a New Jersey bankruptcy judge that the request was a “back-door” attempt to evade a court order approving the inspection.

  • May 15, 2018

    US Seeks To Sink Challenge To Trump's '2-For-1' Order

    The federal government has told a D.C. district court that public interest groups have again failed to show that they properly brought suit against President Donald Trump's executive order that said for every new regulation, two have to be repealed, arguing that the groups can't demonstrate the order caused specific harm.

  • May 15, 2018

    Citgo Says 3rd Circ. Muffed Ruling Over $100M Spill Award

    Citgo on Monday urged the Third Circuit to reconsider its ruling saddling three subsidiaries with the lion's share of liability for a $100 million-plus oil spill judgment, arguing that the decision only compounds the original, faulty allocation of liability for the spill.

  • May 15, 2018

    11th Circ. Affirms Fertilizer Co.'s Win In Toxic Tort Suit

    The Eleventh Circuit on Monday backed Mosaic Fertilizer LLC's quick win in a lower court on claims by a Florida woman that toxic substances from a factory owned by the company either caused her various medical conditions or made them worse, affirming the exclusion of an expert witness' testimony.

  • May 14, 2018

    Former EPA Judge Advanced To Lead NJ Enviro Agency

    Former U.S. Environmental Protection Agency Judge Catherine McCabe vowed Monday to take a “fair and balanced” approach in leading the New Jersey Department of Environmental Protection and to protect state residents when the federal government is “letting us down,” before a state Senate panel advanced her nomination for the post.

  • May 14, 2018

    Construction Equipment Co. Escapes Suit Alleging Sham Fees

    An Illinois federal judge on Monday tossed a putative class action accusing an industrial construction equipment renter of misrepresenting the nature of certain fees it attaches to industrial construction equipment rental agreements, saying the agreements were clear-cut and should not be interpreted outside their four corners.

  • May 14, 2018

    Dems Press SEC Over Facebook Wildlife Trafficking Claims

    A pair of Democratic lawmakers urged the head of the U.S. Securities and Exchange Commission on Monday to investigate accusations that Facebook has failed to tell shareholders about the illegal trafficking of endangered species taking place on the website.

  • May 14, 2018

    4 Things To Watch As FERC Sets Sights On Pipeline Policies

    From revamping 20-year-old guidelines for approving natural gas pipelines to sparking a massive rewrite of oil and gas pipeline contracts, the Federal Energy Regulatory Commission is working on several policy changes that could reshape how the pipeline industry does business. Here are four issues percolating at FERC that pipeline companies are watching closely.

  • May 14, 2018

    Tribal Enviro Manager Added To EPA Advisory Committee

    The environmental manager of the Pyramid Lake Paiute Tribe’s Natural Resources Department was one of more than a dozen new members added to a federal advisory committee that works with the U.S. Environmental Protection Agency to partner with local governments, the agency announced on Friday.

  • May 14, 2018

    Enviros, Kids Defend Suit Over Gov't ‘Indifference To Science’

    The Clean Air Council and two children accusing the U.S. government of rolling back environmental regulations with “reckless indifference to science” urged a Pennsylvania federal judge Friday not to toss their claims, arguing that the government mischaracterized their suit as violating the separation of powers.

Expert Analysis

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Battery Supply Chain: A Unique Growth Opportunity

    Rebecca Campbell

    Battery materials and electric vehicles offer something unique to today’s commodity producers and investors: a sustainable growth story that is not just China-dependent. The exponential growth in demand is creating a scramble for resources not seen since the last great commodity supercycle, say attorneys with White & Case LLP.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Must FERC Weigh GHG Emissions In Pipeline Reviews?

    Jay Costan

    The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Spending Bill Includes Unique Path To Conservation Goals

    John Andrews

    Buried deep inside the recently passed Consolidated Appropriations Act, legislation reviving the formerly expired Federal Land Transaction Facilitation Act offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions, says John Andrews of Snell & Wilmer LLP.

  • Status Update On 'One Federal Decision' Project Reviews

    Raya Treiser

    Last week, a dozen federal agencies signed a memorandum of understanding committing to a more coordinated and streamlined federal review process. But because there have been no changes to underlying statutory requirements, each agency will still have to determine that a project review meets its respective legal obligations, say Raya Treiser and Nathaniel Custer of WilmerHale.