Environmental

  • March 21, 2017

    Ariz. Highway Approval Done The Right Way, 9th Circ. Told

    The Federal Highway Administration and the Arizona Department of Transportation have each urged the Ninth Circuit to affirm a lower court’s ruling that they didn't cut any corners on environmental reviews when they greenlighted a Phoenix-area highway project.

  • March 21, 2017

    Wash. Tribe Wins Temporary Block On Others' Halibut Fishing

    A Washington federal judge on Monday granted an emergency request by the Quileute Tribe to temporarily block the first day of unrestricted halibut fishing by tribes in the region because of bad weather on the coast that would give inland tribes an unfair advantage, despite pushback from three tribes who said weather forecasts don’t normally demand a delay across the board.

  • March 21, 2017

    Utility Tells 9th Circ. New Ruling Boosts Antitrust Defense

    An Arizona power utility on Monday told the Ninth Circuit that a recent ruling by the Third Circuit supported its argument that it should be immune from legal action over state-mandated price-setting and that a lower court was wrong to allow SolarCity to pursue an antitrust lawsuit against it.

  • March 21, 2017

    Canada Regulators Launch Climate Change Disclosure Review

    Canadian securities regulators said Tuesday they will launch a project scrutinizing how well public companies are disclosing risks and financial impacts relating to climate change, joining a growing global movement that officials say reflects demand from investors for better information about environmental risks.

  • March 21, 2017

    EPA's Pruitt Targeted In Okla. Ethics Complaint Over Emails

    Environmentalists and a law professor on Tuesday filed an ethics complaint with the Oklahoma Bar Association against U.S. Environmental Protection Agency Administrator Scott Pruitt, alleging he misled Congress about his use of a personal email address to conduct business during his tenure as Oklahoma's attorney general.

  • March 21, 2017

    BNY, Morgan Stanley End $81M Suit Over Mall Built On Dump

    Morgan Stanley & Co. has paid Bank of New York Mellon Corp. an undisclosed sum to settle claims that it wrongly refused to buy back an $81 million commercial loan after retailers fled an Ohio shopping center built on a landfill because of methane problems, documents filed in New York federal court show.

  • March 20, 2017

    9th Circ. Rejects Challenges To Navajo Plant Smog Plan

    The Ninth Circuit on Monday rejected challenges to the U.S. Environmental Protection Agency's plan to cut emissions at an Arizona coal-fired power plant, saying that the plan to meet regional haze requirements was a reasonable use of the agency's authority.

  • March 20, 2017

    Fuel Co. Can't Get $5.5M Credit For Raw Materials, Feds Say

    A Florida grease recycling plant suing the federal government to recover more than $5.5 million in taxes is improperly trying to claim tax credits for raw materials that were not part of the final fuel mixtures it sold, according to an IRS court filing Friday.

  • March 20, 2017

    EPA Commits $100M For Flint Water Infrastructure Upgrades

    The U.S. Environmental Protection Agency on Friday awarded a $100 million grant to the Michigan Department of Environmental Quality, aimed at upgrading Flint’s drinking water infrastructure in the wake of its lead-tainted water crisis, which became a national scandal in 2015.

  • March 20, 2017

    Wine Co. Can't Trim ‘Redundant’ Claims In Worker Death Suit

    A California federal judge on Monday denied a winemaker's bid to strike “redundant” portions of the federal government’s environmental justice suit alleging Clean Air Act violations and other claims in connection with a worker’s 2012 death from anhydrous ammonia exposure, saying the laws and regulations complement each other.

  • March 20, 2017

    Citgo Tells 5th Circ. $81M Spill Fine Is Too Flawed To Stand

    Citgo continued Friday to urge the Fifth Circuit to undo an $81 million fine stemming from a 2006 oil spill, saying that the federal government cannot explain away a lower court's flaws in determining how much economic benefit the company received from its violation that led to the spill.

  • March 20, 2017

    9th Circ. Says Fishermen's APA Suit Lacks Jurisdiction

    The Ninth Circuit said Friday that it did not have jurisdiction over a suit brought by a group of fishermen alleging that a decision by the National Park Service to enforce bans on commercial fishing in the Golden Gate National Recreation Area was unlawful, ruling that the case should be remanded and dismissed because it was improperly brought.

  • March 20, 2017

    Troutman Sanders Adds Dentons Energy Markets Team

    Two partners and an attorney from Dentons LLP have joined Troutman Sanders LLP’s energy and projects practice in the New York and Washington, D.C., offices, the firm said Monday.

  • March 20, 2017

    Partisan Sparks Fly At Gorsuch Hearing’s First Day

    Judge Neil Gorsuch, President Donald Trump's pick for the U.S. Supreme Court, pushed back against accusations of bias at the opening of his confirmation hearing Monday, as criticisms over the Senate delay on filling the late Justice Antonin Scalia's seat dominated much of the first day.

  • March 20, 2017

    Justices Won't Hear Park Worker's Whistleblower Suit

    The U.S. Supreme Court refused Monday to consider a Ninth Circuit decision that tossed a whistleblower-reprisal claim from a former U.S. Fish and Wildlife Service employee, who alleged the service discriminated against her, told her to “learn to be more feminine" and then retaliated against her when she complained.

  • March 20, 2017

    Trump Admin. Delays Efficiency, Electric Vehicle Rules

    The U.S. Department of Energy on Monday delayed five efficiency regulations including one for federal building standards, and the Department of Transportation delayed a safety rule for electric vehicles, each saying more time was needed to review them.

  • March 20, 2017

    Indonesia Set To Target EU Biodiesel Tariffs At WTO

    The Indonesian government on Sunday said that it will soon launch a World Trade Organization case against the European Union’s anti-dumping duties on biodiesel exports, alleging that the tariffs were calculated in a way that violates global trade rules.

  • March 20, 2017

    NJ High Court Will Hear Farmland Preservation Row

    The New Jersey Supreme Court has agreed to review an Appellate Division’s decision that further findings were necessary to determine if a commercial farmer ran afoul of state soil conservation rules by tampering with preserved land to build greenhouses, according to an order released Monday.

  • March 20, 2017

    Deepwater Judge Allows Delayed Claims To Proceed To Court

    The judge overseeing the Deepwater Horizon multidistrict litigation ruled Friday that plaintiffs whose pursuit of economic damages from the oil spill and resulting federal moratorium on Gulf of Mexico drilling were put on hold could opt out of a global settlement and bring their claims in court.

  • March 20, 2017

    DOE Has No Excuse For Shirking LNG Study, Enviros Say

    The U.S. Department of Energy did not properly analyze the impact of increased liquefied natural gas exports in approving exports from Cheniere Energy Inc.'s projects in Texas and Louisiana despite having the information and means to do so, the Sierra Club told the D.C. Circuit on Friday.

Expert Analysis

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • In Congress: Obamacare, Defense Funding, Litigation Reform

    Richard Hertling

    Legislative business in the Senate continues to follow the pattern of previous weeks, while the House will take up litigation reform legislation and appropriations legislation to fund the Defense Department. But the highest profile activity in Congress this week is expected to be the marking up of legislation to repeal and replace the Affordable Care Act, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Financing High-Speed Rail In The United States: Part 3

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    Due to the capital-intensive nature of high-speed rail development, public financing is rarely sufficient to cover all costs. In the final installment of this series, Emeka Chinwuba and Leslie Jacomino of Norton Rose Fulbright consider available private financing options for American high-speed rail systems, including equity investment, project bonds and bank loans, as well as the role of foreign export credit agencies.

  • Financing High-Speed Rail In The United States: Part 2

    Emeka Chinwuba

    Complex transportation projects like high-speed rail require the use of a variety of financing sources. In the second of a three-part series, Emeka Chinwuba and Leslie Jacomino of Norton Rose Fulbright review options for public funding of high-speed rail development including federal block grants, state and local general funds and municipal bonds, and consider the impact of the Trump administration's announced infrastructure plans.

  • Re-Evaluating The Clean Water Rule: A Long Road Ahead

    Joel C. Beauvais

    Notwithstanding President Donald Trump’s announcement Tuesday directing the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to issue a proposed rulemaking to rescind or revise their joint 2015 Clean Water Rule, the current uncertainty over the Clean Water Act’s scope is likely to remain for the foreseeable future, say Joel Beauvais and Claudia O’Brien of Latham & Watkins LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Financing High-Speed Rail In The United States: Part 1

    Emeka Chinwuba

    To successfully develop a high-speed rail project in the United States, project leaders must look to multisource their financing by leveraging all potential federal, state and private funding available. In the first of a three-part series, Emeka Chinwuba and Leslie Jacomino of Norton Rose Fulbright examine federal funding options, and how they are subject to the political uncertainties in Washington, D.C.

  • Environmental Outlook Under EPA Administrator Pruitt

    E. Lynn Grayson

    While environmental issues don't seem to be a priority for the Trump administration at this time, the initial positions and actions taken by recently confirmed U.S. Environmental Protection Agency Administrator Scott Pruitt may provide insight into the administration’s thinking around environmental matters and whether it will decide to escalate more aggressive action, say Lynn Grayson and Allison Torrence of Jenner & Block.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.