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Environmental

  • January 10, 2019

    Oglala Sioux Tribe Can't Add To DAPL Complaint, Court Says

    A D.C. federal district judge ruled Thursday that the Oglala Sioux Tribe cannot amend its complaint in its challenge to the Dakota Access Pipeline, saying that allowing the tribe to proceed would “derail and substantially delay” the progress of the litigation.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    Colo. Groups Want Grand Jury Docs From Nuke Facility

    Property owners from communities near the former Rocky Flats nuclear processing plant are asking a Colorado federal judge to order the disclosure of documents given to a grand jury investigating wrongdoing by government contractors working at the plant, saying they need the information ahead of possible litigation.

  • January 10, 2019

    Sewage-Dumping Suit Survives Resort's Motion To Dismiss

    A Boston federal judge on Thursday said he wants to see more evidence before ruling on an environmental group's lawsuit alleging that a Cape Cod resort polluted nearby waterways, denying the resort's motion to dismiss in a case that addresses the scope of the Clean Water Act.

  • January 10, 2019

    Insurers Insist On Arbitration For $367M Superfund Coverage

    Several French insurers continued to urge a New Jersey federal court Wednesday to force Cornell-Dubilier Electronics Inc. to arbitrate its bid for indemnification related to $367 million in a Superfund site cleanup consent decree, saying the contracts at issue contain an arbitration provision.

  • January 10, 2019

    Time Not Right To Take CWA Liability Case, High Court Told

    Looming U.S. Environmental Protection Agency action to clarify whether Clean Water Act permitting covers facilities that pollute certain waterways via groundwater and a premature claim of a circuit court split on the issue mean the U.S. Supreme Court shouldn't weigh in yet, environmentalists said Tuesday.

  • January 10, 2019

    Enviro Groups Press Lawmakers To Phase Out Fossil Fuels

    Hundreds of environmental groups including the Center for Biological Diversity signed on to a letter sent to the U.S. House of Representatives on Thursday demanding aggressive action on climate change, advocating for the phaseout of new fossil fuel projects and a transition away from nuclear energy.

  • January 10, 2019

    Fiat Chrysler To Pay Up To $884M To End Emissions Claims

    Fiat Chrysler Automobiles NV has agreed to pay up to $884 million to settle claims that it illegally equipped diesel fuel-powered vehicles with software that enabled them to cheat emissions standards.

  • January 9, 2019

    Tribe Looks To Ax BP's Bid To Escape Copper Mine Suit

    The Yerington Paiute Tribe has asked the Ninth Circuit to dismiss two BP units' appeal of a Nevada federal court decision that paused the companies' attempt to keep a suit over alleged environmental damage at an abandoned copper mine out of tribal court, arguing the stay order is unappealable.

  • January 9, 2019

    Justices May Give Mixed Ruling In Crow Treaty Case

    Several U.S. Supreme Court justices signaled support Tuesday for pushing aside precedent supporting a Crow Tribe member’s conviction for hunting elk in Wyoming's Bighorn National Forest, yet other issues underlying an 1868 treaty may mean the federal, state and tribal governments still have to hash out where the tribe’s members can hunt.

  • January 9, 2019

    Enviros Take $1.9B Pa. Pipeline Permit Fight To High Court

    Environmentalists urged the U.S. Supreme Court Wednesday to review a Third Circuit decision finding that it could hear their challenge to Pennsylvania’s approval of a pipeline permit before a state board reviewed the matter, saying the ruling would lead to incomplete records and strip aggrieved parties of their due process rights.

  • January 9, 2019

    Free Speech Rights Doom Iowa's 'Ag-Gag' Law

    An Iowa law criminalizing undercover investigations into animal cruelty at factory farms violates the First Amendment, a federal judge ruled Wednesday following a challenge by animal rights activists and free speech advocates.

  • January 9, 2019

    Mercedes-Benz Hit With Fraud Suit In Ariz. Over 'Clean Diesel'

    Arizona Attorney General Mark Brnovich has sued Mercedes-Benz USA LLC and Daimler AG under the state Consumer Fraud Act, alleging the auto company and engine manufacturer sold diesel vehicles as being environmentally friendly while they were actually producing emissions at as much as 30 times the national standard.

  • January 9, 2019

    Bipartisan Lands Package Bypasses Senate Panels

    Alaska Republican Sen. Lisa Murkowski's office said Wednesday that an agreement had been reached among the chamber's leadership to allow a broad package of lands bills to bypass Senate committees, saying she hoped the bipartisan measure would receive a vote soon.

  • January 9, 2019

    Dem Climate Bill Would Set 100% Renewable Energy Target

    Two Democratic congressmen from California on Wednesday unveiled climate change legislation that would mandate steep cuts in greenhouse gas emissions and create a national renewable portfolio standard by requiring 100 percent of U.S. electricity sales to come from renewable sources by 2035.

  • January 9, 2019

    Trump Taps Wheeler As Permanent EPA Chief

    President Donald Trump on Wednesday formally nominated the U.S. Environmental Protection Agency's acting administrator, Andrew Wheeler, for the full-time post, after announcing his intent last fall to elevate the former Faegre Baker Daniels LLP attorney and lobbyist who had previously been confirmed as the EPA's deputy administrator.

  • January 9, 2019

    Fuel Group Asks High Court To Review Ore. Low-Carbon Plan

    A fuel industry group has urged the U.S. Supreme Court to review the Ninth Circuit's decision upholding Oregon low-carbon fuel standards that the group claims unconstitutionally discriminate against out-of-state fuels, arguing the ruling squarely conflicts with high court precedent and creates a circuit split.

  • January 9, 2019

    Enviros, FWS' Yellow-Billed Cuckoo Protection Pact OK'd

    A Colorado federal judge greenlit a settlement between the Center for Biological Diversity and the U.S. Fish and Wildlife Service, ending a suit that accused the government of improperly delaying its critical habitat designations for the western yellow-billed cuckoo.

  • January 8, 2019

    Ex-Reps. From Fla., Texas Join Akin Gump Lobbying Practice

    Akin Gump has announced it is adding two former committee chairs in the U.S. House of Representatives, Republicans Ileana Ros-Lehtinen of Florida and Lamar Smith of Texas, to its public law and policy practice, one of Washington's largest lobbying outfits.

  • January 8, 2019

    Pa. Gov. Inks Order To Slash Agencies' GHG Emissions

    Pennsylvania Gov. Tom Wolf, acknowledging the state's role as a major energy provider and transportation hub, on Tuesday ordered the state government to reduce greenhouse gas emissions by 26 percent from 2005 levels by 2025.

Expert Analysis

  • A Closer Look At New Pharmaceutical Hazardous Waste Regs

    Karlie Webb

    Although the U.S. Environmental Protection Agency's new standards for hazardous waste pharmaceuticals are a major step toward eliminating the current state-by-state regulatory approach, it may not fully end this patchwork system, say Karlie Webb and Greg Blount of Troutman Sanders LLP.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • 2 Circuits Clear Up NGA Questions For Pipeline Cos.

    Arthur Schmalz

    Recent decisions from the Sixth and Eleventh Circuits address several common procedural issues in a manner favorable to pipeline companies seeking immediate possession in Natural Gas Act condemnations, says Arthur Schmalz of Hunton Andrews Kurth LLP.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • 5 Most-Read Legal Industry Guests Of 2018

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    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • A Big Leap Forward For Tribal Energy Development

    Paul Moorehead

    The Indian Tribal Energy Development and Self-Determination Act Amendments, signed into law this week, will go a long way toward helping tribes develop their own resources on their own lands in ways they see fit, say Paul Moorehead and Brian Gunn of Powers Pyles Sutter and Verville PC.

  • 3 D&O Questions Regarding Event-Driven Securities Litigation

    Larry Bracken

    The wildfire-related complaint filed against Edison last month represents a new kind of securities class action that relies on specific adverse events as catalysts. Corporate policyholders must consider how such litigation will impact their directors and officers insurance now and in the future, say attorneys at Hunton Andrews Kurth LLP.

  • High Court's Frog Opinion Reaches Beyond ESA

    Keith Bradley

    The U.S. Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service focused on interpreting the Endangered Species Act. However, a second aspect of the opinion will likely reach beyond the more obvious consequences, says Keith Bradley of Squire Patton Boggs LLP.

  • State Legislatures May Be Next Stop For Oil And Gas Regs

    Jeffrey Dintzer

    The recent failure of several oil- and gas-related ballot initiatives across the U.S. may ultimately result in environmental groups taking their fight directly to state lawmakers, say Jeffrey Dintzer and Gina Angiolillo of Alston & Bird LLP.