Environmental

  • June 22, 2017

    Ericsson Hit With NJ Developer's Suit Over $15M Contract

    A New Jersey real estate developer sued Ericsson in federal court Wednesday over the company’s alleged refusal to allow the developer to bring its own environmental inspector to look at the property before fully closing on the $15 million sale.

  • June 22, 2017

    ND, Texas File Brief Supporting EPA Methane Rules Delay

    The states of North Dakota and Texas on Wednesday filed a brief in support of the U.S. Environmental Protection Agency’s decision to put on hold and revise parts of a rule aimed at curbing methane emissions, saying that the agency properly exercised its discretion in issuing the stay.

  • June 22, 2017

    EPA Releases New TSCA Prioritization, Risk Evaluation Rules

    The U.S. Environmental Protection Agency on Thursday issued new rules and guidance that implement recent revisions to the Toxic Substances Control Act, including a framework for evaluating chemical risks and a method of prioritizing chemicals for review.

  • June 22, 2017

    Navajo Council To Weigh Keeping Ariz. Coal Plant Open

    The Navajo Nation Council will consider legislation next week that would permit the coal-fired Navajo Generating Station in Arizona to remain open through 2019, a move that comes after the group voted to table the measure and scope out whether the facility’s owners would be open to some amendments.

  • June 22, 2017

    NJ Panel Affirms State Can Use Private Land For Beach Repair

    The New Jersey Appellate Division on Thursday upheld the state’s right to use privately owned properties for post-Superstorm Sandy beach restoration projects, clarifying that the government’s right to acquire lands outright for public projects also allows it to merely use lands without possessing them.

  • June 22, 2017

    Enel Snaps Up Demand Response Firm In $250M Deal

    The U.S. green power unit of Italian utility giant Enel Group said Thursday that it has agreed to buy demand response provider EnerNOC in a deal that values at $250 million the company that develops technology allowing consumers to be paid for using less power during high-demand periods.

  • June 22, 2017

    5th Circ. Panel Won’t Revisit BP Formula On Deepwater Claims

    A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.

  • June 22, 2017

    9th Circ. Allows Sailors' $1B Fukushima Suit To Proceed

    The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.

  • June 22, 2017

    Calif. Appeals Court Orders Damages Redo In Water Rate Row

    A California appellate court on Wednesday said the Metropolitan Water District of Southern California can’t tack a rate designed to fund water conservation programs onto the rate it charges the San Diego County Water Authority for transporting water, saying a lower court has to recalculate damages awarded to the water authority.

  • June 22, 2017

    Enviros Press FERC For Full Probe Of ETP $4.2B Pipeline

    Environmentalists on Wednesday urged the Federal Energy Regulatory Commission to launch a full enforcement investigation into Energy Transfer Partners LP over drilling fluid leaks from its $4.2 billion Rover pipeline project in Ohio and stop all construction until the investigation is complete.

  • June 22, 2017

    DC Circ. Pipeline Ruling Undercuts States' CWA Role: Enviros

    Environmentalists challenging the Federal Energy Regulatory Commission's approval of Constitution Pipeline Co.’s proposed $683 million natural gas pipeline told the Second Circuit Wednesday that a recent D.C. Circuit ruling that FERC could conditionally approve a pipeline's construction without triggering the Clean Water Act undermines states' authority over CWA permitting.

  • June 21, 2017

    Fla. Gov. Given 5 Days To Answer Petition Over Tree Cuts

    The Florida Supreme Court on Wednesday gave Gov. Rick Scott until Monday to respond to a challenge to his line-item vetoes of $37.4 million that lawmakers budgeted to pay out judgments to more than 70,000 households whose healthy residential trees were cut down by the state in an effort to eradicate the plant disease citrus canker.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Pa. Justices Create Uncertain New Era For Enviro Reviews

    The Pennsylvania Supreme Court’s ruling on Tuesday reaffirming constitutional guarantees on the right to clean air and pure water is being hailed as the biggest environmental decision in the state in decades and a harbinger of a new and uncertain era of scrutiny for projects with potential impacts on natural resources.

  • June 21, 2017

    Whistleblowers, MDL Plaintiffs Object To $32M SunEd Deal

    Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.

  • June 21, 2017

    EPA Hasn’t Rid State Permit Boards Of Conflicts, Enviros Say

    The Center for Biological Diversity and others said Wednesday the U.S. Environmental Protection Agency isn't guarding against conflicts of interests on Alabama and Mississippi state boards that approve and enforce air pollution permits, as required under the Clean Air Act, telling the agency they intend to sue if it doesn't take action.

  • June 21, 2017

    Enviro Group Suit Calls Duke Energy Coal Ash Plan Improper

    An environmental group on Tuesday filed suit in North Carolina federal court against Duke Energy Progress LLC, alleging that the company released a plan that calls for improperly keeping coal ash in an unlined area at the Mayo Steam Electric coal-fired plant, arguing that the move could harm the region’s waters.

  • June 21, 2017

    NextEra Gets ESA Suit Over Bird-Killing Turbines Tossed

    A Kansas federal judge on Wednesday dismissed a citizen suit alleging that NextEra Energy Resources LLC and its subsidiaries own and operate wind farms that threaten the whooping crane in violation of the Endangered Species Act, deciding that the plaintiff did not provide proper notice prior to suing.

  • June 21, 2017

    Girardi Keese Sued For Accounting Of $120M In Settlements

    Thomas Girardi and his firm, Girardi Keese, are facing a California lawsuit asking for an accounting of what was done with about $120 million in settlement funds from a pair of deals in an oil contamination case against Shell Oil and a Dole Food unit. 

  • June 21, 2017

    House OKs Faster Energy Co. Tree Clearing On Federal Land

    The U.S. House of Representatives passed a bill to expedite tree and brush clearing around power lines on federal land Wednesday, despite concerns that provisions aimed at preventing wildfires would exempt power companies from liability for damages.

Expert Analysis

  • Determining OCS Jurisdiction For Lessees And Operators

    Grady Hurley

    Pending an appellate resolution of Island Operating v. Jewell, and due to the complicated nature of jurisdiction and regulation of the Outer Continental Shelf, all contractors should preserve their rights by appealing any incident of noncompliance issues within the delays mandated and seeking to stay the enforcement of pending appeals, says Grady Hurley of Jones Walker LLP.

  • Rebuttal

    After The BNSF Decision, There’s No Place Like 'At Home'

    Richard Dean

    In its recent BNSF Railway decision, the U.S. Supreme Court confirmed that a company cannot be sued in a state where it is not “at home.” Contrary to the claims of the plaintiffs bar, this finding does not deprive plaintiffs of the chance for a remedy: it restores balance between the parties, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.

  • The Regulatory Reforms Manufacturers Want Most: Part 2

    Charles Merrill

    At the direction of the White House, the U.S. Department of Commerce recently sought comments on the impact of federal regulations on domestic manufacturing. Companies and trade associations responded with many suggestions. But the president's proposed dramatic reduction in funding for the U.S. Environmental Protection Agency may make changing environmental regulations a slow process, says Charles Merrill of Husch Blackwell LLP.

  • What To Expect From CAA Risk Management Program Delay

    Peter Modlin

    In light of the current administration’s stated priorities, it seems likely that the U.S. Environmental Protection Agency will finalize its recently proposed delay of the Clean Air Act’s risk management program, and may seriously entertain revisions to the substance of the amendments, say Peter Modlin and Courtney Chin of Gibson Dunn & Crutcher LLP.

  • 9 Things To Know About Trump's Paris Agreement Decision

    Ethan Shenkman

    After declining to recommit to the Paris climate change agreement at the recent G-7 summit, it came as little surprise that President Donald Trump announced the U.S. will withdraw from the Paris climate accord. Attorneys with Arnold & Porter Kaye Scholer LLP discuss some of the most important aspects of this development.

  • The Regulatory Reforms Manufacturers Want Most: Part 1

    Charles Merrill

    Four days after taking office, President Donald Trump directed the U.S. Department of Commerce to seek comments on the impact of federal regulations on domestic manufacturing. Many businesses and trade associations have since responded. A review of comments submitted to the DOC offers insights into which environmental regulations companies find most problematic, says Charles Merrill of Husch Blackwell LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Superfund Sites And EPA Budget Cuts: A Collision Course

    Kevin O’Brien

    President Donald Trump’s proposal to slash the 2018 budget and workforce of the U.S. Environmental Protection Agency has generated commentary over its potential ramifications. Assuming that a budget along the lines of the president’s proposal is eventually adopted, governmental actions to address and remediate hazardous waste sites will undoubtedly be delayed or scaled back, says Kevin O’Brien of Butler Rubin Saltarelli & Boyd LLP.

  • Texas Opens The Door To More Oilfield Contamination Suits

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    The Texas Supreme Court affirmed last month that the state agency overseeing oil and gas matters does not possess exclusive jurisdiction over oilfield contamination claims. The result is that a landowner could obtain both an order from the agency compelling an oil company to clean up the contamination and court-ordered damages for the same contamination, says Andrew Stakelum of King & Spalding LLP.