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.
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.
A Texas federal judge ruled Monday that the Texas Commission on Environmental Quality must face a suit accusing one of its department directors of age and race discrimination, writing that a former hydrologist presented enough questions of fact for the case to survive summary judgment.
Environmental groups on Monday said they plan to challenge the Federal Energy Regulatory Commission's approval of the planned $1 billion PennEast gas pipeline, claiming the agency failed to show a need for the project and didn’t consider its potential climate change impacts.
A trade group representing restaurants and foam manufacturers has taken its opposition to New York City's ban on styrofoam, effective Jan. 1, to state appellate court, saying Mayor Bill de Blasio is unfairly resisting the city council's mandate to recycle polystyrene and that recycling is both economically feasible and environmentally effective.
The U.S. Environmental Protection Agency and the state of Illinois filed a proposed consent decree Friday in federal court against Phillips 66 and WRB Refining LP, requiring the companies to reduce emissions at the Wood River Refinery under the Clean Air Act, spend at least $500,000 on lead-paint abatement and pay a penalty of $475,000.
An Arizona water district has moved for a quick win in a dispute over the district's alleged obligations to deliver excess water supply to the Ak-Chin Indian Community, urging a federal court to reject quick win bids filed by the tribe itself and the federal government.
Private equity firm KKR & Co. LP said Monday that it has agreed to acquire 60 percent of India-based Ramky Enviro Engineers Ltd. for approximately $530 million, in a deal that was guided by Simpson Thacher & Bartlett LLP and Cyril Amarchand Mangaldas.
The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.
In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.
Former members of the Federal Energy Regulatory Commission are worried the White House is compromising the agency's historic independence amid reports that a U.S. Department of Energy official who pushed a controversial plan to aid coal and nuclear power plants is President Donald Trump's pick to fill a vacant commissioner slot and that FERC is already working with the administration on the issue.
Former Massey Energy CEO Don Blankenship, who was convicted in 2016 of conspiring to violate mine safety standards before a deadly explosion, asked West Virginia’s highest court on Thursday to put him on the ballot as a third-party candidate for U.S. Senate this fall.
Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. won their bid to confirm a $70 million arbitration award against another investor, when a Texas federal judge found no justification for altering the award.
Environmental groups persuaded a California federal judge to rule Thursday that the Environmental Protection Agency had made an “arbitrary and capricious” decision when it refused to require permits for polluted stormwater runoff in the Los Angeles area, which the groups said was impairing two waterways.
A nonprofit public accountability group called on the U.S. Senate and House of Representatives on Friday to investigate the acting administrator of the Environmental Protection Agency, accusing him of violating the Lobbying Disclosure Act in connection with efforts to shift the borders of Bears Ears National Monument in Utah.
A California jury held Friday that Monsanto’s Roundup and Ranger Pro herbicides contributed to a school groundskeeper’s lymphoma and slapped the company with a combined $289 million in compensatory and punitive damages in a landmark suit against the agricultural giant, which has denied links between its herbicides and cancer for decades.
Questions over the proper application of Pennsylvania's Environmental Rights Amendment have abounded since the state's high court breathed new life into the provision last year, but attorneys say a recent order for reconsideration of a decision affirming a drilling-friendly municipal zoning ordinance could set clear new standards.
Morgan Lewis & Bockius LLP partner Yardena Zwang-Weissman’s work defending Southern California Gas Co. and Sempra Energy following the massive Aliso Canyon gas leak in 2015 helped earn her a spot as one of four environmental lawyers under age 40 selected by Law360 as Rising Stars.
A conservation group told the Ninth Circuit on Wednesday that a recent appellate court decision vacating federal approvals for portions of the Mountain Valley pipeline supported its challenge to the Bureau of Indian Affairs’ assent to a lease between a wind farm developer and a California tribe.
The Arizona Department of Water Resources is not required to consider unquantified federal reserved water rights when it determines whether a developer has an adequate water supply, the Arizona Supreme Court said on Thursday in a decision affirming the approval of a water company's application to supply water to a mixed-use development.
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.
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.
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.
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.
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.
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.
Genetic data and techniques are becoming ever more powerful tools for explaining when and how diseases arise. They can also have very strong evidentiary value, and in some toxic tort cases, genetic findings can provide conclusive answers for a judge or jury, say Kirk Hartley and David Schwartz of ToxicoGenomica.
On July 6, the D.C. Circuit torpedoed a hydroelectric license renewal issued in 2013 because the Federal Energy Regulatory Commission and the U.S. Fish and Wildlife Service did not consider environmental damage already caused by the project. In doing so, the court rejected FERC’s long-standing practice of using existing conditions and operations as an environmental baseline, say attorneys at Davis Wright Tremaine LLP.
The use of genetic testing in tort litigation is relatively new. Such testing may uncover one or more gene variants that help identify individuals at an increased risk of developing a disease. Whole genome sequencing can be the best and most appropriate approach for toxic tort civil litigation, say Kirk Hartley and David Schwartz of ToxicoGenomica.
While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.