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Environmental

  • June 13, 2018

    Magna Int'l Unit Reaches $3M Agreement With EPA Over Waste

    A Magna International Inc. unit has agreed to a $3 million deal to settle alleged federal and state hazardous waste violations at a Georgia automotive parts manufacturing and supply facility, the U.S. Environmental Protection Agency said Wednesday.

  • June 13, 2018

    EPA, Army Corps Sued Again Over Clean Water Rule Issues

    Several environmental organizations alleged that parts of the Clean Water Rule and the regulation delaying its implementation until February 2020 ran afoul of federal environmental laws in a suit against the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers filed in California federal court Wednesday.

  • June 13, 2018

    9th Circ. Upholds First Solar Win In Derivative Suit

    In a published opinion Wednesday, a Ninth Circuit panel affirmed the dismissal of a derivative shareholder suit against First Solar Inc. over allegations that some of its corporate officers approved documents concealing the existence of defects in company-made solar panels, finding the investors did not show demand futility.

  • June 13, 2018

    Trump Makes New Pick For Enviro Council Chair

    President Donald Trump on Tuesday said he intends to nominate the White House Council on Environmental Quality’s current chief of staff to chair the group — his second try at filling the position after his first nominee failed to gain Senate approval.

  • June 13, 2018

    Volkswagen Fined €1B In Germany Over Emissions Scandal

    Volkswagen AG said Wednesday that German authorities have fined it €1 billion, or $1.18 billion, marking the latest repercussion for its emissions-cheating scandal first disclosed in late 2015.

  • June 13, 2018

    Jones Day Snags Clean Energy Atty From Goodwin Procter

    Jones Day has hired a clean energy attorney from Goodwin Procter LLP who has experience helping clients focused on a range of technologies from energy storage to nuclear power as a partner located in Boston, the firm announced Wednesday.

  • June 13, 2018

    Enviros Sue Over Ore. Logging They Say Hurts Coho Salmon

    A coalition of environmental and fishing groups filed suit on Wednesday in Oregon federal court against Oregon Department of Forestry officials, accusing them of harming the protected coho salmon by allowing logging and road building in two state forests in violation of the Endangered Species Act.

  • June 13, 2018

    EPA Ordered To Act On Smog Drifting Into NY, Conn.

    A federal judge held on Wednesday that the U.S. Environmental Protection Agency missed the deadline to craft plans to curb smog pollution blown into New York and Connecticut from other states and ordered the agency to propose those plans by the end of June.

  • June 13, 2018

    Nutraceutical Appeals Enviros’ Fees In Suit It Calls Moot

    Supplements-maker Nutraceutical Corp. told a California appellate court Wednesday it shouldn’t have to pay an environmental group’s attorneys’ fees in a suit alleging its products fail to comply with the state’s toxic substances warning law, saying the company fixed the issue before the suit was even filed.

  • June 13, 2018

    Seafood Co.’s Faulty Ship Endangered Alaska Bay, Feds Say

    The owner of a damaged ship full of fuel, oily wastewater and 130,000 pounds of contaminated fish got slapped with an environmental lawsuit Wednesday in Alaska federal court, with the U.S. government claiming the fish processor illegally risked discharging pollutants in Captain’s Bay in the Aleutian Islands.

  • June 13, 2018

    Industry Groups Ask Judge To Sink Clean Water Act Rule

    A large group of industry advocacy organizations on Tuesday urged a North Dakota judge to strike down a controversial Obama-era rule defining the Clean Water Act’s reach.

  • June 13, 2018

    Judge Unsure NY Climate Suit Can Exist Outside Federal Law

    A federal judge on Wednesday pressed lawyers on both sides of New York City's climate change suit against Big Oil on whether the case concerns the companies' greenhouse gas-emitting products or the emissions themselves, which could determine whether the Big Apple's claims are displaced by federal regulation.

  • June 13, 2018

    California Stuck With Order Barring Glyphosate Warning

    A California federal judge denied the California attorney general's request to rethink his refusal to require Monsanto and several farming associations to warn that the chemical glyphosate might cause cancer because doing so would violate their First Amendment rights.

  • June 13, 2018

    Romania Says EU Court Decision Moots $4.4B Mining Claim

    Romania has told international arbitrators they can't hear a Canadian mining company's $4.4 billion claim over a delayed gold and silver project because a recent, groundbreaking court decision slammed the door on certain investment arbitration cases involving European Union members, according to a brief published late Tuesday.

  • June 12, 2018

    Timber Co. Says Enviros' Depos Silent On Seabird Concerns

    Scott Timber Co. asked a Oregon federal court on Monday to dismiss a lawsuit brought by three environmental groups over a logging project in a state forest, claiming that depositions of two environmentalists never mentioned the purported threat to an endangered species of seabird that occupies the region.

  • June 12, 2018

    Sens. Accuse DOI Of Delaying, Politicizing Federal Grants

    A group of 12 mostly Democratic senators on Tuesday accused the U.S. Department of the Interior of dragging its feet on issuing federal grants and questioned whether it was politicizing the process for reviewing them.

  • June 12, 2018

    Gas Station Owner Can't Shake Fine Over Abandoned Tanks

    A Texas appellate court Tuesday upheld a fine and affirmed a court order requiring the owner of a former gas station to remove three abandoned underground fuel storage tanks the state’s environmental agency said had leaks, amid a dispute over ownership of the tanks.

  • June 12, 2018

    Tribe Has No Immunity In Clean Water Act Suit, Judge Says

    An Oregon federal judge ruled Monday that the Confederated Tribes of the Warm Springs Reservation must face claims in an environmental group's lawsuit over alleged Clean Water Act violations at a hydroelectric facility the tribe co-owns, saying the tribe must be joined to the suit and that its sovereign immunity is waived under the CWA.

  • June 12, 2018

    Blackfeet's $471M Water Deal Inches Toward Finish Line

    The Blackfeet Nation and the U.S. Department of the Interior nudged closer Tuesday to the finish line of a deal that will resolve decades of litigation over Blackfeet water rights and provide the tribe with $471 million from the federal government and the state of Montana.

  • June 12, 2018

    Investors Slam Fiat Chrysler's 'Bait And Switch' Discovery Bid

    Fiat Chrysler investors asked a New York federal judge Monday to reject the automaker’s request for a three-month extension of discovery in a stock-drop suit alleging the company lied about using emissions-cheating devices in vehicles and complying with safety recalls, calling it a "bait and switch" move.

Expert Analysis

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Congressional Forecast: May

    Layth Elhassani

    Congress returned to Washington, D.C., this week for a three-week work period before the Memorial Day recess. The Republican majority is aiming to meet deadlines on several priority items, including fiscal year 2019 appropriations bills and renewed program authorizations for agriculture, defense and the Federal Aviation Administration, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • Capturing Carbon Tax Credits: A Climate Of Opportunity

    Ali Zaidi

    A new law revising the current Internal Revenue Code Section 45Q carbon dioxide tax credit could deliver tens of millions of dollars per project in tax cuts for developers and investors in carbon removal, say attorneys from Morrison & Foerster LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.