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  • August 10, 2018

    Ex-Massey CEO Asks W.Va. High Court To Put Him On Ballot

    Former Massey Energy CEO Don Blankenship, who was convicted in 2016 of conspiring to violate mine safety standards before a deadly explosion, asked West Virginia’s highest court on Thursday to put him on the ballot as a third-party candidate for U.S. Senate this fall.

  • August 10, 2018

    Chinese Wind Energy Co. Can Enforce $70M Arbitration Award

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. won their bid to confirm a $70 million arbitration award against another investor, when a Texas federal judge found no justification for altering the award.

  • August 10, 2018

    EPA Must Regulate Stormwater Pollution In LA, Court Rules

    Environmental groups persuaded a California federal judge to rule Thursday that the Environmental Protection Agency had made an “arbitrary and capricious” decision when it refused to require permits for polluted stormwater runoff in the Los Angeles area, which the groups said was impairing two waterways.

  • August 10, 2018

    Watchdog Wants Probe Into EPA Chief’s Lobbying Disclosures

    A nonprofit public accountability group called on the U.S. Senate and House of Representatives on Friday to investigate the acting administrator of the Environmental Protection Agency, accusing him of violating the Lobbying Disclosure Act in connection with efforts to shift the borders of Bears Ears National Monument in Utah.

  • August 10, 2018

    Monsanto Owes $289M In Landmark Roundup Cancer Trial

    A California jury held Friday that Monsanto’s Roundup and Ranger Pro herbicides contributed to a school groundskeeper’s lymphoma and slapped the company with a combined $289 million in compensatory and punitive damages in a landmark suit against the agricultural giant, which has denied links between its herbicides and cancer for decades.

  • August 10, 2018

    Pa. Drilling Law Case Could Set New Enviro Rights Standards

    Questions over the proper application of Pennsylvania's Environmental Rights Amendment have abounded since the state's high court breathed new life into the provision last year, but attorneys say a recent order for reconsideration of a decision affirming a drilling-friendly municipal zoning ordinance could set clear new standards.

  • August 10, 2018

    Rising Star: Morgan Lewis' Yardena Zwang-Weissman

    Morgan Lewis & Bockius LLP partner Yardena Zwang-Weissman’s work defending Southern California Gas Co. and Sempra Energy following the massive Aliso Canyon gas leak in 2015 helped earn her a spot as one of four environmental lawyers under age 40 selected by Law360 as Rising Stars.

  • August 9, 2018

    Enviros Point 9th Circ. To Pipeline Ruling In Wind Farm Appeal

    A conservation group told the Ninth Circuit on Wednesday that a recent appellate court decision vacating federal approvals for portions of the Mountain Valley pipeline supported its challenge to the Bureau of Indian Affairs’ assent to a lease between a wind farm developer and a California tribe.

  • August 9, 2018

    Ariz. Agency Need Not Consider Water Reserves, Court Says

    The Arizona Department of Water Resources is not required to consider unquantified federal reserved water rights when it determines whether a developer has an adequate water supply, the Arizona Supreme Court said on Thursday in a decision affirming the approval of a water company's application to supply water to a mixed-use development.

  • August 9, 2018

    Port Has Right To Cleanup Costs From Union Pacific: Judge

    A federal judge in Washington state on Thursday ruled in favor of the Port of Ridgefield by holding that it has the right to recover from Union Pacific Railroad Co. money it spent cleaning up a contaminated industrial site they once both owned part of, and set the dispute up for a trial.

  • August 9, 2018

    States Back High Court Challenge To Hovercraft Ruling

    A coalition of states led by Idaho has thrown its support behind a moose hunter’s U.S. Supreme Court appeal of a Ninth Circuit ruling that held the National Park Service has the right to enforce its hovercraft ban on an Alaska river.

  • August 9, 2018

    Oil & Gas Co. Wins Water Use Fight With Texas Landowner

    A Texas appeals court has ruled that the accommodation doctrine in oil and gas drilling agreements does not obligate a driller to use a surface landowner's water during operations, affirming a summary judgment in favor of Rosetta Resources Operating LP.

  • August 9, 2018

    9th Circ. Forces EPA Action On Risky Pesticide

    The Ninth Circuit said Thursday the U.S. Environmental Protection Agency must ban a pesticide linked to developmental harm in children, slamming the agency for allegedly dragging its feet on a product that its own analysis found has an exposure risk that does not meet the relevant safety standard.

  • August 9, 2018

    Orsted Bolsters Wind Farm Biz With $580M Acquisition

    Offshore wind farm developer Orsted announced Thursday that it has agreed to buy a U.S.-based wind farm developer, owner and operator from private equity firm I Squared Capital for an enterprise value of $580 million.

  • August 9, 2018

    Wash. Tribe Urges Supreme Court To Review Fishing Decision

    The Makah Indian tribe has further urged the U.S. Supreme Court to review a Ninth Circuit decision that handed a win to two other Washington state tribes in a dispute over tribal fishing grounds, saying the opposing tribes have tried to “trivialize the practical significance of this case.”

  • August 9, 2018

    Rising Star: Kelley Drye's William Petit

    Kelley Drye & Warren LLP partner William C. Petit has scored wins for the likes of Union Pacific Railroad in complex environmental litigation and served as go-to counsel to clients on environmental permitting and compliance matters, making him one of four environmental attorneys under 40 named to Law360's list of Rising Stars.

  • August 8, 2018

    Nevada Let Controlled Burn Turn Into Wildfire, Jury Told

    Counsel for property owners impacted by 2016’s Little Valley Fire told a Nevada jury during Wednesday opening statements that it was the Nevada Division of Forestry’s decision to ignore its own plan and abandon a prescribed burn during high winds, causing the devastating wildfire.

  • August 8, 2018

    BLM Wants Input For Enviro Analysis Of Calif. Fracking

    The Bureau of Land Management on Wednesday opened up a 30-day period for the public to weigh in on the "potential environmental impacts" of hydraulic fracturing on around 400,000 acres of public land in California, a proposal that was met with opposition from environmental groups.

  • August 8, 2018

    Texas Panel Zaps Power Co.'s Tax Break On Steam Generators

    A Texas appeals panel has ruled that a power company was properly denied a tax exemption for steam generators that it couldn't prove were used for pollution control, saying a determination from the state’s environmental commission was a binding opinion on the equipment's usage.

  • August 8, 2018

    SoCalGas Reaches $119.5M Deal In Calif. Gas Leak Litigation

    Southern California Gas Co. has agreed to a proposed $119.5 million deal to end state litigation from the California Air Resources Board and the city and county of Los Angeles over the huge Aliso Canyon gas leak, the company and local officials announced on Wednesday.

Expert Analysis

  • Investment Tax Credit Guidance Means Sunny Days For Solar

    Jon Nelsen

    Notice 2018-59, issued last month by the Internal Revenue Service, confirms that standards and safe harbors previously defined for wind energy projects can be used with solar energy projects. Project sponsors can now act with greater certainty in making solar investments, say Jon Nelsen, Michael Didriksen and Peter Farrell of Baker Botts LLP.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • A Path To New York's Energy Storage Goal

    Danielle Mettler-LaFeir

    New York state's recently issued Energy Storage Roadmap identifies the actions and initiatives that can help New York meet its energy storage goal of 1,500 megawatts by 2025. Danielle Mettler-LaFeir of Barclay Damon LLP looks at the road map’s recommendations and the opportunities they create.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Assessing Lucia's Impact Beyond The SEC

    Barry Hartman

    The U.S. Supreme Court's decision in Lucia v. U.S. Securities and Exchange Commission necessarily implicates a broad swath of recently decided or currently pending enforcement actions before hundreds of administrative law judges across federal agencies, including the U.S. Environmental Protection Agency, say attorneys with K&L Gates LLP.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Get Your Mass. Brownfields Tax Credits For 5 More Years

    Ned Abelson

    With the finalization of the Massachusetts housing bond bill at the end of last month, the brownfield tax credit is now available for an additional five years to certain taxpayers who clean up qualifying sites. This article, from attorneys at Goulston & Storrs, provides a brief summary of the Massachusetts brownfields tax credit and the requirements to obtain it.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Top 6 IRS Attacks On Conservation Easement Deductions

    Gregory Rhodes

    Even inconspicuous technical deficiencies in drafting or tax return preparation may render a conservation easement valueless for federal income tax purposes. Donors of conservation easements should be particularly mindful of six issues the IRS has recent held in its sights, say Gregory Rhodes and Tucker Thoni of Sirote & Permutt PC.