Environmental

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Travelers Can't Ditch Defense Coverage Suit Over PCB Claims

    Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.

  • December 8, 2017

    Fla. Judge Stops FWS Permit To Raze Miami Forest

    A Florida federal judge issued a temporary restraining order Friday on a permit the U.S. Fish and Wildlife Service issued to a residential and commercial project outside Miami, halting bulldozers that had begun to cut down more than 80 acres of wildlife habitat.

  • December 8, 2017

    FERC Member's Online Comments Unethical, Landowner Says

    A landowner affected by the proposed PennEast Pipeline Project said Thursday that a Federal Energy Regulatory Commission member and former chairman has been violating ethics rules by posting biased comments on Facebook and should be removed from his position.

  • December 8, 2017

    EPA Awards $1.3M In Wetlands Preservation Grants

    The U.S. Environmental Protection Agency’s New England arm on Wednesday said it’s awarded $1.345 million in grants to 10 projects that focus on restoring and preserving wetlands, spreading the wealth across state agencies and researchers.

  • December 8, 2017

    Ex-CEO Of Electronics Recycler Convicted Of $25M Fraud

    A North Carolina federal jury on Friday convicted the co-founder and CEO of a now-defunct electronic waste recycling company who, along with his business partner, was accused of duping investors, lenders and franchisees out of $25 million and spending much of that on a plane, pricey personal property and his son’s racing career.

  • December 8, 2017

    Feds Blast Contractor’s Quick Win Bid In FCA Suit

    The federal government on Friday shot back at a U.S. Department of Energy contractor's bid to toss False Claims Act allegations in litigation accusing it of falsifying small, disadvantaged businesses' participation in a multibillion-dollar nuclear waste cleanup contract.

  • December 8, 2017

    Sierra Club Asks 4th Circ. To Uphold CWA Groundwater Ruling

    The Sierra Club on Thursday asked the Fourth Circuit to uphold a lower court’s finding that a Dominion Energy Inc. unit violated the Clean Water Act by discharging arsenic from coal ash lagoons into groundwater, but also asked the appeals court to find the company liable for other CWA violations.

  • December 8, 2017

    Judge Won’t Hold Order To Kill Climate Suit Against Peabody

    A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.

  • December 8, 2017

    Senate OKs Trump's Resources Pick Despite ANWR Concerns

    The U.S. Senate approved a key U.S. Department of the Interior deputy Thursday, giving Secretary Ryan Zinke a director of programs for gas, coal and other extraction activities on public lands.

  • December 8, 2017

    FERC Chair Asks DOE For More Time On Grid Subsidy Rule

    Energy Secretary Rick Perry on Friday granted a request by the new chairman of the Federal Energy Regulatory Commission for 30 more days to take action on a proposal to pay nuclear and coal plants for their contribution to grid reliability, although Perry asked the commissioners to work quickly.

  • December 7, 2017

    VW Plea Deal Gives Investors Limited Win In Fraud Case

    A California federal judge hearing cases related to Volkswagen AG’s clean diesel scandal ruled Wednesday that investors cannot cite the automaker's plea deal and admissions to prosecutors as proof that dozens of its statements to investors were false or made with scienter, although he found they did contradict the automaker’s statements printed on its engines.

  • December 7, 2017

    Costa Rica Can't Get Quick Win In $94M Canadian Mining Row

    A World Bank tribunal has deferred much of its decision on whether it can consider Infinito Gold Ltd.'s claim stemming from Costa Rica's alleged improper cancellation of a mining concession into which the Canadian company had invested $94 million, saying it needs more information.

  • December 7, 2017

    BLM Finalizes Delay To Methane Venting Rule Compliance

    The U.S. Bureau of Land Management on Thursday announced it will finalize its plan to suspend or delay several provisions of an Obama-era rule limiting methane venting and flaring from gas wells on public lands as the rule may be revised or rescinded.

  • December 7, 2017

    Engineering Co. Can't Sink Water Workers' Defamation Suit

    An engineering firm can’t duck a defamation lawsuit brought against it by employees of Beaumont, Texas, who say the firm’s report critical of the city’s water distribution and sewer collection services led to their ouster, a Texas appellate court held Thursday, rejecting the firm’s argument that failure to file a special certification mandated dismissal.

  • December 7, 2017

    Trump Overstepped On Monuments, Enviro Groups Insist

    A coalition of environmental groups added its suit Thursday to a slew of challenges to President Donald Trump's decision to shrink national monuments in Utah, asserting that the White House does not have the authority to remove special protections for large swaths of land.

  • December 7, 2017

    Most Claims Proceed In NH Teflon Chemical Leak Suit

    A New Hampshire federal judge on Wednesday trimmed an unjust enrichment claim from a putative class action against Saint-Gobain Performance Plastics over alleged water contamination from a toxic chemical used to make Teflon, but let the remaining claims stand.

  • December 7, 2017

    Green Building Materials Co. Execs Settle With SEC For $5.6M

    An environmental building materials company and its co-chairmen who were accused by the U.S. Securities and Exchange Commission of lying to investors about the company’s prospects have had their $5.6 million settlement approved by a California federal court.

  • December 7, 2017

    Senate Confirms Trump's Pick For EPA Enforcement Chief

    The U.S. Senate on Thursday confirmed Susan Bodine, a former chief counsel for the Senate Environment and Public Works Committee and a onetime Barnes & Thornburg LLP partner, to head up the U.S. Environmental Protection Agency's enforcement arm.

  • December 7, 2017

    2nd Circ. Won't Block Pipeline Amid NY, FERC Permit Fight

    The Second Circuit on Thursday rejected New York state's bid to block construction of a Millennium Pipeline Co. LLC project while it challenges the Federal Energy Regulatory Commission's determination that the state had waived its permitting authority but said it would hear the case as early as late January.

Expert Analysis

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.