A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.
The federal government must respect tribes’ sovereignty by engaging their leaders on infrastructure, tax, energy, land management, labor and many other issues impacting tribal governments and members, the president of the National Congress of American Indians said Monday.
Funding for the Bureau of Indian Affairs and the Bureau of Indian Education would be cut nearly $450 million under a 2019 budget proposal unveiled Monday by the Trump administration, but the Indian Health Service would see an increase of about $400 million from 2018 under the plan.
Environmental lawyers at the U.S. Department of Justice have reached a $6 million consent decree with real estate investment trust and paper and wood mill unit owner Potlatch Corp. in Idaho federal court over the $13.43 million cost for cleanup of environmental contamination that Potlatch allegedly worsened at a former Idaho railroad operation site.
Shell Chemical LP agreed on Monday to spend approximately $10 million to reduce harmful air pollution from four industrial flares at a plant in Norco, Louisiana, resolving allegations that emissions from the Shell facilities violate the Clean Air Act and state law.
President Donald Trump on Monday proposed cutting the U.S. Environmental Protection Agency’s budget by nearly a quarter in fiscal year 2019, a reduction that would slash money for a variety of activities including research and state programs.
Clean energy development bears the brunt of U.S. Department of Energy spending cuts proposed by President Donald Trump on Monday, as it did in last year’s budget blueprint, while the Department of the Interior's slimmed-down budget looks to use expanded energy leasing revenues to pay for public infrastructure projects.
President Donald Trump’s plan to spur at least $1.5 trillion in infrastructure investment rolled out on Monday included elements intended to increase investment in broadband build-out — to the delight of many in the telecommunications sector.
The Ninth Circuit on Monday overturned a lower court and said that the federal government did not err when it used climate change predictions as part of its reasoning to classify a ringed seal subspecies as threatened, deciding that the determination was “supported by the record.”
An Indiana federal judge on Friday told a group of frustrated Hoosier State residents they are two years too late to intervene in a $21 million cleanup deal with Atlantic Richfield Co. and DuPont despite sympathizing with them over the slow pace of the Superfund cleanup.
The federal government and Dakota Access LLC further urged a D.C. federal court Friday to deny the Yankton Sioux Tribe’s bid to pull permits for the company’s controversial pipeline, with the government saying it had completely complied with the National Environmental Policy Act.
A New Jersey appeals court on Monday refused to second-guess the state’s controversial $225 million settlement with Exxon Mobil Corp. over contamination from its refineries and gas stations, ruling in a published decision that the judge who heard the case in its entirety had been in the best position to approve the deal.
An environmental group on Monday accused the U.S. Department of the Interior of illegally installing temporary leaders of its Bureau of Land Management, Fish and Wildlife Service and National Parks Service, potentially invalidating actions taken by those agencies or making them more vulnerable to legal challenges.
Ace American Insurance Co. told the Eleventh Circuit on Friday that a Georgia federal judge erred in forcing it to cover now-bankrupt Exide Technologies for a $1.1 million judgment over acid damage at a battery factory owned by Wattles Co., asserting Exide's policy was meant to contain an exclusion for pollution claims.
Environmental groups told the Ninth Circuit on Friday that a lower court wrongly found that their challenge to the federal government’s approval of continued operations of a coal-fired plant and mine on Navajo land was barred by the mine owner's tribal sovereign immunity.
President Donald Trump will unveil on Monday a long-awaited proposal to spend $200 billion to rebuild the nation’s roads, bridges, highways, railways, waterways and other infrastructure and to expedite environmental reviews, while also putting states and localities on notice that they’ll have to shoulder more of the cost burden going forward.
The U.S. Department of Justice’s associate attorney general who was tasked with overseeing numerous divisions, including antitrust, civil, civil rights, environment and natural resources, and tax, will leave the department for Walmart after nine months on the job, the DOJ and the retail giant announced Friday.
An attorney whose client accused Girardi Keese of mismanaging a $130 million settlement with Lockheed Martin urged the Ninth Circuit on Friday to allow an accounting of the funds to move forward, while the firm argued that a lower court correctly found the suit was time-barred since the funds were distributed nearly two decades ago.
The U.S. Environmental Protection Agency’s proposed new fee structure for its Toxic Substances Control Act program would bring much-needed revenue to an agency facing dramatically increased responsibilities under recent amendments to the law, although environmentalists say companies would get off easy.
Shell Oil Co. lost a bid at getting more than $300 million in oil waste cleanup costs reimbursed by a Dole real estate subsidiary when a California court ruled Thursday the regional water board’s order listing the developer as a contributor to the pollution has not yet been finalized.
On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.
Last year saw the first application of the Small Business Act's presumption-of-loss rule in a civil False Claims Act case — U.S. v. Washington Closure Hanford. The ruling will likely embolden the government to aggressively pursue cases involving set-aside fraud, say attorneys with Crowell & Moring LLP.
New research methods are uncovering fresh data about chemical toxicity at a rapid rate, which may catch manufacturers and consumers off guard. The challenge for attorneys is to understand whether and how the science supports their position, and to make a comprehensible and compelling case to judges and juries, say Giovanni Ciavarra and Crista Trippodi Murphy of Innovative Science Solutions.
While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.
2017 ended, as it began, with much uncertainty for renewable energy, as the Trump administration continued to move against the Clean Power Plan. But key renewable energy objectives advanced at the state level, and tax reform left the production tax credit for wind energy and the investment tax credit for solar developers intact, says Brook Detterman of Beveridge & Diamond PC.
In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.
Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.
Last fall, the U.S. Department of Energy directed the Federal Energy Regulatory Commission to consider "grid resilience" measures that tended to favor coal and nuclear power. FERC's response this week, rejecting the DOE approach, embraces a resilience strategy incorporating new energy technologies, and could even lead to consideration of climate change as a factor, say attorneys with Reed Smith LLP.
The Trump administration's recently released unified agenda indicates an even greater pace of deregulatory action in 2017 than was called for in the president's "two-for-one" executive order. But parties interested in particular future regulatory reforms must develop a strategy for aligning with the relevant agency’s priorities, say attorneys with Clark Hill PLC.
Northern California homeowners recently filed suit against PG&E Corporation, blaming its power lines for sparking wildfires that have destroyed more than 5,000 homes. If plaintiffs prove that the utility took shortcuts that placed profits over safety, victims’ compensation should come from the company's profits, not from ratepayers, say Mike Danko of Danko Meredith and Caroline Corbitt of Gibbs Law Group.