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Environmental

  • January 8, 2019

    Justices Mull Tribe's Hunting Right In Wyo. Nat'l Park

    The U.S. Supreme Court heard oral arguments Tuesday to decide whether to overturn a Crow tribe member’s state court conviction for hunting elk in Wyoming's Bighorn National Forest, with the justices largely concerned with whether earlier court rulings already settled the question of whether the tribe’s treaty right to hunt has expired.

  • January 8, 2019

    Judge Recuses Self Over Son's Job At BakerHostetler

    A Pennsylvania federal judge has recused himself out of an "abundance of caution" from an environmental contamination dispute after disclosing that his son received a job offer from BakerHostetler, which represents the steel business in the case.

  • January 8, 2019

    BP To Expand Gulf Of Mexico Drilling Operation

    BP announced Tuesday that it will be expanding its drilling activities in the Gulf of Mexico and that recent advances in seismic imaging have allowed it to identify an additional 1 billion barrels' worth of oil.

  • January 8, 2019

    4th Circ. Says SC Can't Fight Feds' Nuke Facility Closure

    The Fourth Circuit on Tuesday threw out South Carolina’s bid to block the federal government from closing a nuclear fuel processing facility near the Savannah River, reversing a district judge who had granted the state a preliminary injunction.

  • January 8, 2019

    Climate Policy Will Be A Heavy Lift For New Calif. Gov.

    When Gavin Newsom became the 40th governor of California on Monday, he inherited arguably the most aggressive long-term plans to tackle climate change in the U.S., and Golden State watchers say his administration must clear several regulatory, legislative and practical hurdles to put those plans into action.

  • January 8, 2019

    Enbridge Unit In Catch-22 In Pipeline Fight: 1st Circ.

    First Circuit judges wondered during oral arguments Tuesday whether a Massachusetts town could use state regulators to ensnare a unit of Enbridge Inc. in a Catch-22 in the town's efforts to block a compressor station slated to be part of a major pipeline project.

  • January 8, 2019

    Del. High Court Says Union Pacific Must Pay $5.7M In Cleanup

    The Delaware Supreme Court affirmed a $5.7 million award Monday in favor of Clean Harbors Inc. and against Union Pacific Corp. over an environmental cleanup at a Kansas waste facility, saying a potentially ambiguous jury verdict form was not, in the end, overly misleading.

  • January 8, 2019

    Power Cos. Take State Nuke Subsidy Fight To Supreme Court

    The Electric Power Supply Association filed two petitions asking the U.S. Supreme Court to review nuclear power subsidy programs in Illinois and New York, arguing that they stepped on the Federal Energy Regulatory Commission's role in regulating electricity power markets.

  • January 7, 2019

    DOE Can't Nix Duke Energy's 4th Nuclear Fuel Removal Suit

    A judge in the U.S. Court of Federal Claims said Duke Energy's suit against the government over its alleged failure to remove nuclear fuel waste from Duke's now-shuttered nuclear power plant in Crystal River, Florida, said the litigation may continue, ruling that the suit does not present the same issues as Duke's other suits over the waste removal.

  • January 7, 2019

    Justices Poised To Finally Clarify Tribe’s Treaty Rights

    The U.S. Supreme Court will hear arguments Tuesday in a Crow Tribe member's bid to upend his state court conviction for elk hunting in Wyoming's Bighorn National Forest, a case that should see the justices clear up confusing precedent going back to the 1800s and determine how strongly the tribe's treaty rights stack up against Wyoming's statehood.

  • January 7, 2019

    Boeing, Rockwell Atty Dodges DQ In Toxic Dumping Row

    A Mississippi federal court has refused to disqualify an attorney who is helping Meritor Inc., Boeing Co. and Rockwell Automation Inc. fight accusations by homeowners that their property was damaged by toxic chemicals that were dumped from a nearby automotive parts plant.

  • January 7, 2019

    SunEdison Shareholders Win Cert. In Stock-Drop Suit

    Two pension funds suing SunEdison for failing to disclose financial problems that later led the renewable energy giant’s stock price to collapse secured class certification on Monday, after a New York federal court split the single proposed class into two separate subclasses.

  • January 7, 2019

    Recycling Co’s Price-Fixing Suit Against Reno Tossed

    A Nevada federal judge on Monday dismissed a Nevada recycling company’s lawsuit accusing rivals and the city of Reno of fixing prices for recyclable materials.

  • January 7, 2019

    High Court Skips Mass. AG Exxon Probe, Other Enviro Cases

    The U.S. Supreme Court on Monday passed on reviewing several environmental and energy cases, including Exxon Mobil Corp.'s quest to stop the Massachusetts attorney general's probe into the company's climate change statements and Oklahoma wind farm developers' bid to skip approvals from the Osage Nation for a project.

  • January 7, 2019

    FWS Seeks To Ax FOIA Suit Over Elephant, Lion Trophy Docs

    The U.S. Fish and Wildlife Service has urged a Virginia federal court to toss most of a suit brought by The Humane Society over FWS' alleged failure to publicly post information on the permits it issues to those seeking to import elephant and lion body parts into the country as trophies.

  • January 7, 2019

    Don't Limit CWA Liability Case, Maui Tells High Court

    Maui County, Hawaii, on Monday urged the U.S. Supreme Court to tackle the entirety of its appeal of the Ninth Circuit's ruling that the Clean Water Act covers pollution that reaches certain waterways via groundwater, rather than merely determining the CWA's scope, as suggested by the Solicitor General's Office.

  • January 7, 2019

    High Court Won't Hear FCA Dispute Over Watershed Use

    The U.S. Supreme Court on Monday declined for the second time to hear a dispute over whether an Ohio flood control body’s retention of land in alleged violation of a federal agreement, as well as “fracking” and water payments gained from that land, subjected the body to liability under the False Claims Act.

  • January 7, 2019

    Wind Energy Co. Says No Reason To Pause $70M Award Row

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. told a Texas federal judge Friday that another investor is trying to delay enforcement of an over $70 million arbitration award by asking to hold off on further discovery during its appeal of an order confirming the award.

  • January 7, 2019

    Supreme Court Won't Revive Calif. Truck Air Filter Challenges

    The U.S. Supreme Court on Monday refused to review a legal challenge to the California Air Resources Board’s requirement that commercial trucks install engine particulate filters, after a state appeals court already found it didn’t have jurisdiction to consider opposition to the measure.

  • January 7, 2019

    High Court Won't Review Cravath Shell Docs Decision

    The U.S. Supreme Court on Monday declined to hear an appeal from a Nigerian activist's widow who asked the court to review the Second Circuit's decision barring her from obtaining Royal Dutch Shell PLC documents held by Cravath Swaine & Moore LLP for her suit against the energy giant in the Netherlands.

Expert Analysis

  • How To Help Realize A Tax Equity Market For Carbon Capture

    Hunter Johnston

    In February, Congress amended Internal Revenue Code Section 45Q, creating a tax equity market that supports investment in carbon capture and storage projects. Additional guidance, like that proposed by the Carbon Capture Coalition, is needed in a number of key subject areas to unlock this market, says Hunter Johnston of Steptoe & Johnson LLP.

  • A Comparison Of This Year's Carbon Tax Proposals: Part 2

    Noah Kaufman

    In the second installment of this two-part series about four carbon pricing policy plans that garnered attention in 2018, Noah Kaufman of Columbia University's Center for Global Energy Policy discusses the potential impacts each would have on emissions, energy markets and the economy.

  • A Comparison Of This Year's Carbon Tax Proposals: Part 1

    Noah Kaufman

    Four carbon pricing policy plans garnered attention in 2018, including the first bipartisan federal carbon tax proposal in eight years. In the first installment of this two-part series assessing the potential impacts on emissions, energy markets and the economy, Noah Kaufman of Columbia University's Center for Global Energy Policy looks at the similarities and differences.

  • A Closer Look At New Calif. Pension Fund Climate Law

    Kristie Blase

    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 2

    Carolina Mederos

    The chances that major transportation and infrastructure legislation may be passed have increased with the election of a House Democratic majority, and efforts to streamline permitting and regulation by federal agencies may further advance the prospects of significant infrastructure development, say attorneys with Squire Patton Boggs LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

    Steve Moskowitz

    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 1

    Carolina Mederos

    With President Donald Trump and Democratic congressional leaders agreeing that transportation and infrastructure are high priorities, the next Congress is likely to consider a large-scale, broad infrastructure package. But the question of how to pay for it remains, say attorneys with Squire Patton Boggs LLP.

  • Climate Change Forecasts Trouble For The Insurance Industry

    Jeffrey Gordon

    The greater frequency and severity of weather-related catastrophes in areas with increasing property values present significant challenges for the insurance industry, especially in cities like Boston that are particularly susceptible to rising sea levels, says Jeffrey Gordon of Zelle LLP.

  • Congressional Forecast: December

    Layth Elhassani

    During its current lame duck session, Congress must compromise on government funding legislation or face a shutdown. It may also endeavor to move additional legislation and continue to confirm Trump administration nominees before the close of the 115th Congress later this month, says Layth Elhassani of Covington & Burling LLP.