Environmental

  • May 17, 2017

    Bipartisan Bill Again Calls For Transparency In Settlements

    Democratic U.S. Sen. Elizabeth Warren and Republican U.S. Sen. James Lankford on Tuesday reintroduced legislation requiring greater transparency of settlements companies and individuals enter into with federal agencies, including a disclosure of tax deductible amounts or other credits that affect the actual dollar figure.

  • May 17, 2017

    Conn. Sues EPA Over Alleged Pa. Coal Plant Pollution

    The state of Connecticut on Tuesday filed a lawsuit against the U.S. Environmental Protection Agency, alleging that it didn’t timely act on the state’s petition asking the agency to stop pollution from a Pennsylvania coal-fired power plant from blowing in the state’s direction.

  • May 17, 2017

    German Prosecutors Probe VW Execs In Emissions Scandal

    German prosecutors said on Wednesday that they were investigating the current chief executive of Volkswagen, Matthias Müller, as well as his predecessor and the automaker’s chairman on suspicions of market manipulation related to the emissions-cheating scandal that burst in the fall of 2015.

  • May 17, 2017

    SC Judge Tosses Clean Air Act Suit Over Standing

    A South Carolina federal judge on Tuesday dismissed a proposed class action accusing a discount hardware retailer of defrauding consumers and selling engines without required emissions warranty language, saying the entity that brought the suit lacked standing.

  • May 16, 2017

    Fla. City Says Sand Traps Couldn't Cause Neighbor's Erosion

    Deerfield Beach, Florida, hit back Monday against a neighboring town suing over Deerfield's sand trap barriers, arguing that the beach erosion described in the town's complaint cannot be caused by the city's structures, which have been “essentially reduced to rock piles.”

  • May 16, 2017

    Army Corps Must Face Fla. Homeowners' Suit Over Dredging

    A federal judge on Monday allowed Florida homeowners who say dredging near the St. Johns River damaged their properties to bring their takings claim against the U.S. Army Corps of Engineers, ruling that they had presented a plausible claim that the dredging had caused the collapse of their seawall.

  • May 16, 2017

    SunEdison Creditors Committee In Position To Vote For Plan

    Groups of SunEdison Inc. creditors said Tuesday they have overcome an impasse on issues that threatened to derail the bankrupt green energy giant’s path out of Chapter 11, telling a New York bankruptcy judge that mediation talks have successfully led to settlement terms.

  • May 16, 2017

    EPA Gets An Earful On Its Regulatory Reform Agenda

    The U.S. Environmental Protection Agency's call for comments on its regulatory reform agenda prompted more than 60,000 submissions by Monday's deadline, drawing praise from supporters who say the agency could free businesses from burdensome regulations and outrage from critics who warn a regulatory rollback could endanger public health.

  • May 16, 2017

    Logger’s RICO Suit Against Greenpeace Is Headed To Calif.

    A Georgia federal judge on Tuesday granted Greenpeace International’s request to transfer to California a logging company’s suit alleging the environmental organization engaged in racketeering, saying not enough of the alleged wrongdoing took place in the district where the case was filed.

  • May 16, 2017

    SolarCity Suit Paused Till Justices Review Arbitration Case

    A federal magistrate judge on Monday partially paused a lawsuit brought against SolarCity Corp. in California federal court by a group of workers alleging overtime violations while the U.S. Supreme Court reviews Ernst & Young LLP v. Morris, a decision that could force SolarCity employees into arbitration.

  • May 16, 2017

    Trio Of Dems Unveil Plan To Kill Congressional Review Act

    Sens. Cory Booker and Tom Udall and Rep. David Cicilline on Tuesday introduced a plan to repeal the Congressional Review Act, which the three Democrats said Republicans are abusing to overturn regulations related to public health, the environment and consumer protections.

  • May 16, 2017

    Judge Denies Bid To Add NEPA Claim In Logging Project Suit

    A California federal judge on Monday wouldn’t let the Karuk tribe and several environmental groups add a National Environmental Policy Act claim to their suit challenging a logging project in the Klamath National Forest.

  • May 16, 2017

    Va. Gov. Eyes Cap-And-Trade With Carbon Emissions Order

    Virginia Gov. Terry McAuliffe on Tuesday inked an executive order directing state environmental regulators to craft rules that would limit carbon emissions from power plants and allow the state to establish a cap-and-trade program that can be linked with other states.

  • May 16, 2017

    Senate Dems Say EPA Pick's Lobbying Past Makes Her Unfit

    Two Democratic senators are questioning the EPA about its recent decision to appoint an ex-lobbyist for an association of electric cooperatives to a leadership position, saying in a news release announcing a letter sent to the agency on Tuesday that she “appears to be unable to perform virtually any of the duties of the job due to her ethics conflicts.”

  • May 16, 2017

    3M, DuPont Polluted Ala. Drinking Water, Supplier Says

    DuPont, 3M, Mohawk Industries and a host of other manufacturers have contaminated an Alabama drinking water supplier’s water source with toxic chemicals, forcing the supplier to install a new filtration system and purchase nontoxic water from a neighboring water authority, according to a complaint filed Monday in Alabama state court.

  • May 16, 2017

    Feds Look To Nix Tribe's Suit Over Okla. Fracking Approvals

    The federal government on Monday urged a federal court to toss the Pawnee Nation of Oklahoma’s lawsuit accusing it of approving oil and gas leases and fracking permits on the tribe’s land without properly considering the environmental impacts, which links that alleged failure to a recent record-breaking earthquake in the state.

  • May 16, 2017

    Calif. Cap-And-Trade Foes Take Fight To State Supreme Court

    The California Chamber of Commerce asked the state Supreme Court on Monday to review an appeals court decision upholding the state's greenhouse gas cap-and-trade program, insisting that the auction revenues constitute an unauthorized tax.

  • May 16, 2017

    EPA Submits Coal Jobs Analysis Plan Amid 4th Circ. Appeal

    The U.S. Environmental Protection Agency on Monday laid out its plan for complying with a West Virginia federal judge's order to study the effect of the agency’s regulations on coal industry jobs, a directive sparked by a decision the EPA has appealed to the Fourth Circuit.

  • May 16, 2017

    Enviros, Union Want Trump's 2-For-1 Regs Order Sunk

    The Natural Resources Defense Council and other public interest groups on Monday asked a Washington, D.C., federal judge to strike down President Donald Trump's executive order mandating that executive agencies eliminate two regulations for every new one, saying it’s unconstitutional.

  • May 16, 2017

    6th Circ. Pauses DTE Coal Plant Suit For High Court Appeal

    The Sixth Circuit on Tuesday agreed to stay its decision reviving a U.S. Environmental Protection Agency lawsuit alleging DTE Energy illegally modified Michigan’s largest coal-fired power plant so that the company can pursue its appeal to the Supreme Court.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • An Earth Day Review Of 'Green Guide' False Advertising

    David Kluft

    To help prepare for the Earth Day barrage of environmental advertising claims, David Kluft of Foley Hoag LLP highlights several "Green Guide"-related matters before the Federal Trade Commission and National Advertising Division that can help marketers ensure their advertising is not deceptive.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • 5th Circ. ESA Decision Highlights Deference Discord

    Shawn Welch

    The Fifth Circuit's recent decision in Markle Interests v. United States Fish and Wildlife Service, and the dissent from denial of en banc review, involve a recurring conflict between the extent of judicial review and the proper deference to be given to agency action, says Shawn Welch of Holland & Hart LLP.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.