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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

  • 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.

  • Spotlight On Produced Water Management Options Intensifies

    Lydia González Gromatzky

    With various areas of the country experiencing water scarcity concerns or limitations on injection capacity, stakeholders have expressed interest in not only expanding produced water management options, but also allowing produced water to be returned to the hydrologic cycle, says Lydia González Gromatzky of Hunton Andrews Kurth LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    WTO Members Must Adopt A Climate Waiver

    James Bacchus

    To further carbon pricing, and to facilitate the transition to a green global economy, members of the World Trade Organization should permit "climate waivers" by which countries can restrict trade based on the amount of greenhouse gases used or emitted in the making of a product, says James Bacchus of the Centre for International Governance Innovation.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.