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  • November 5, 2018

    Grid Operator's Power Plant Rescue Plan Criticized At FERC

    State consumer advocates, as well as Federal Energy Regulatory Commission staff attorneys, on Friday panned a regional grid operator's plan to pay in the name of regional fuel security an Exelon Corp. gas-fired plant near Boston that is slated for closure, saying the proposal as written would overcharge consumers.

  • November 5, 2018

    Judge Trims Enviros' Suit Over Feds' Border Activities

    The federal government has ducked a portion of a suit in Arizona federal court in which the Center for Biological Diversity alleged that immigration enforcement agencies violated federal environmental laws through their practices near the nation’s southern border with Mexico.

  • November 5, 2018

    Sheriff's Capt. Avoids Jail For Aiding 'Codfather' Smuggling

    A former captain and driver for the Bristol County sheriff on Monday avoided jail time for his role in helping the notorious fishing magnate known as "the Codfather" smuggle cash to the Azores, as a Massachusetts federal judge sentenced him to probation and home confinement instead.

  • November 2, 2018

    Beverly Hills Attacked By Bird Rides Over E-Scooter Ban

    Bird Rides Inc. has sued Beverly Hills in Los Angeles Superior Court, claiming the city’s recent ban on motorized scooters — and decision to immediately begin impounding any such devices found on city streets — violated the company’s constitutional rights as well as the state’s environmental review process.

  • November 2, 2018

    EPA Looks To Speed Up Ozone Standard Review Process

    The U.S. Environmental Protection Agency said Friday it was skipping some traditional administrative steps in a race to meet a 2020 deadline on whether to tighten, loosen or leave in place current standards for ground-level ozone.

  • November 2, 2018

    Enviro Atty Bids For His Freedom Pending Ala. Bribery Appeal

    A former Balch & Bingham LLP environmental partner sentenced to five years for bribery has asked a judge to keep him out on bond pending appeal, while prosecutors said Thursday that shouldn't happen.

  • November 2, 2018

    Duty Clarity Needed In Chancery Spill Suit, Investors Say

    An attorney for investors who sued Plains All American Pipeline LP’s managing partners after a large oil leak in 2015 told a Delaware vice chancellor Friday that the state’s courts should require more explicit contract declarations for partnerships that disavow fiduciary duties.

  • November 2, 2018

    Calif. Ivory Ban Upheld By State Appeals Court

    A California law that almost completely bans the sale or purchase of ivory or rhinoceros horn has been upheld, with an appeals court rejecting a challenge from an ivory trade group that supports transactions involving ivory from already existing stockpiles.

  • November 2, 2018

    High Court Clears Way For Kids' Climate Trial

    The U.S. Supreme Court late Friday lifted a stay on a suit lodged by 21 children accusing the federal government of pushing policies that will worsen climate change-related dangers, clearing the way for a landmark constitutional trial to begin in an Oregon federal courtroom but leaving room for the Ninth Circuit to potentially decide the case's future.

  • November 2, 2018

    Enviro Expert Testimony Allowed In Ill. Coal Plant Dispute

    An Illinois federal court refused to exclude the testimony of an expert witness for environmental groups in a fight over how to remedy violations of the Clean Air Act at a coal-fired power plant in Illinois, saying there was no fundamental flaw in the expert's methodology that made it inadmissible.

  • November 2, 2018

    Calif. Bill Meant To Protect Federal Land Struck Down

    A California federal judge said a state law aimed at protecting federal lands in California by restricting their sale violated the supremacy clause of the Constitution, deciding that the entirety of the law must be thrown out.

  • November 2, 2018

    $1M Spent On Clean Air Office Makes Pa. Suit Ripe, Attys Say

    Two Pennsylvania environmental groups trying to stop Allegheny County from spending $9.4 million in Clean Air funds on an office renovation said Friday that their lawsuit was ripe because the county had already approved more than $1 million to plan and design the project.

  • November 2, 2018

    Investors Say TerraForm Can't Use Option To Kill $57M Deal

    Investors in renewable energy power plant company TerraForm Global Inc. on Thursday told a New York federal court the company was wrong to say it should be able to terminate a $57 million settlement that resolved claims the company made misrepresentations in its initial public offering documents because there were too many investor opt-outs.

  • November 1, 2018

    Feds Say Individual Gold King Mine Claims Must Go

    The U.S. Department of Justice asked a New Mexico federal court Thursday to throw out allegations made by individuals in the Southwest and members of the Navajo Nation related to the 2015 Gold King Mine spill, arguing the government is immune from the Federal Tort Claims Act claims.

  • November 1, 2018

    Donziger Slams Chevron Contempt Bid In $9.5B Ecuador Case

    Attorney Steven Donziger railed against Chevron Corp.’s motion to hold him in contempt for allegedly defying a judge’s injunction against his profiting from a $9.5 billion settlement in a case in Ecuador, saying the company was “entirely unhinged” and engaging in a campaign to “demonize” him.

  • November 1, 2018

    No Trump Bailout Needed To Keep Grid Stable, PJM Says

    PJM Interconnection, the nation's largest regional grid operator, said Thursday that the imminent retirement of coal and nuclear power plants within its territory won't harm future grid reliability and that efforts by the Trump administration to keep those and other plants open aren't needed.

  • November 1, 2018

    NY, Coalition Slam EPA's Effort To Replace Clean Power Plan

    New York led a group of 26 states and local governments that commented on the U.S. Environmental Protection Agency’s proposal to replace the Obama-era Clean Power Plan regulating power plants' carbon emissions with a new rule, arguing the move was wrongheaded and harmful.

  • November 1, 2018

    Tribe Presses To Beef Up Michigan Mine Permit Suit

    The Menominee Indian Tribe of Wisconsin told a federal judge Thursday that the U.S. Environmental Protection Agency must face new claims in the tribe’s suit over a Michigan state permit for a proposed mine, saying the agency’s decision to withdraw its objections to the permit can be challenged in court.

  • October 31, 2018

    Groundskeeper Accepts Slashed $78M Roundup Award

    A school groundskeeper who alleged that Monsanto's Roundup weedkiller caused his lymphoma agreed to a reduced award of $78 million, down from a $289 million jury verdict he won against the agrochemical giant in August, in order to avoid a new trial in the landmark case.

  • October 31, 2018

    2nd Circ. Won't Decide On Discovery Yet In Tanker Spill Suit

    The Second Circuit said Wednesday it needed more information before deciding whether a captain convicted in connection with a tanker catastrophe off the Spanish coast could conduct discovery against law firms that he says could show witnesses against him lied.

Expert Analysis

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • NJ Order Gives Offshore Wind A Firmer Footing

    H. David Gold

    Earlier this year, New Jersey Gov. Phil Murphy signed legislation strengthening the state's offshore wind power goals. Last month, his administration issued the largest offshore wind energy solicitation of any state to date, giving the industry a strong foundation in New Jersey, say attorneys at WilmerHale.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • High Court Unlikely To Solve ESA Issues In Frog Habitat Case

    Angela Levin

    After U.S. Supreme Court oral arguments last week in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service — questioning whether the FWS can designate land currently unoccupied by the dusky gopher frog as critical habitat under the Endangered Species Act — it seems the decision is primed for a 4-4 split, say Angela Levin and Andrea Wortzel of Troutman Sanders LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.