Environmental

  • June 16, 2017

    Sunoco Seeks Appeal In Recently OK'd Pipeline Challenge

    A Sunoco Inc. unit urged a Pennsylvania state judge on Thursday to allow an appeals court to review a recent decision clearing the way for a trial over claims that the company lacks authority to use eminent domain to seize land for its controversial Mariner East 2 pipeline project.

  • June 16, 2017

    9th Circ. Finds It Can't Hear Casino Opponents' Appeal

    The Ninth Circuit on Thursday tossed an appeal with which opponents of a tribe’s San Diego-area casino had hoped to revive their efforts to block the project, agreeing with the federal government that the court could not hear the dispute.

  • June 16, 2017

    VW Seeks Dismissal Of Wyoming Emissions Suit

    Volkswagen AG on Thursday asked a California federal judge to ax the state of Wyoming’s suit over diesel emissions from the multidistrict litigation, saying that the state is trying to enforce its own laws to regulate emissions from its cars.

  • June 16, 2017

    EPA Asks DC Circ. To Allow Delay Of Methane Rules

    The EPA defended its decision to delay an Obama-era rulemaking aimed at curbing methane emissions, telling the D.C. Circuit on Thursday to deny a request from environmental groups to allow the rule to proceed while it reconsiders portions related to leak detection and other well site regulations.

  • June 16, 2017

    NJ High Court To Review Standing In Development Challenge

    The New Jersey Supreme Court agreed Thursday to hear a dispute over a plan to build an industrial park on undeveloped property in the city of Linden, revisiting an appellate decision to allow the plan to go ahead because the challengers lacked standing.

  • June 16, 2017

    Enviros Sue To Stop EPA Risk Management Rule Delay

    A slew of environmental groups asked the D.C. Circuit on Thursday to stop the U.S. Environmental Protection Agency from further delaying the effective date of an Obama-era rule designed to reduce the risk of chemical accidents.

  • June 16, 2017

    Aviation Gas Cleanup Costs Wrongly Assigned, Fed. Circ. Told

    The federal government told the Federal Circuit on Thursday that a lower court had improperly imposed almost $100 million in damages in connection with contracts to supply high-octane aviation gasoline during World War II, arguing that the order ignored evidence and a preceding decision.

  • June 16, 2017

    NIGC Issues Violation Notice Against Nooksack Casino

    The National Indian Gaming Commission on Thursday told the Nooksack tribe of Washington state to cease and desist from all gambling activity at its Northwood Casino, saying that an investigation has revealed various alleged violations of the Indian Gaming Regulatory Act.

  • June 15, 2017

    Dakota Access Ruling Boosts Tribes Seeking Enviro Justice

    A D.C. federal court decision forcing the government to re-examine its final approval of the Dakota Access pipeline granted in the first month of the Trump administration gives new legal ammunition to tribes who argue they must be treated fairly when agencies assess the environmental damage a project might cause, attorneys say.

  • June 15, 2017

    Feds' New Settlement Policy May Imperil Restoration Projects

    The U.S. Department of Justice's recent prohibition on letting polluters make donations to third-party environmental groups as part of federal enforcement settlements will cut off a vital source of funding for environmental cleanup and restoration projects, experts say.

  • June 15, 2017

    House Bill Would Reverse Land Swap For Mining Co. Project

    The ranking member of the House Natural Resources Committee floated a bill Thursday that would undo Congress’ approval of a land swap meant to help a copper mining company co-owned by Rio Tinto PLC and BHP Billiton PLC subsidiaries build a proposed copper mine on land in Arizona that is sacred to Native Americans.

  • June 15, 2017

    Former Ariz. Enviro Dept. Director Headed To EPA Post

    The chief operations officer in Arizona’s governor’s office, who has experience leading the state’s Department of Environmental Quality, has been selected to serve the U.S. Environmental Protection Agency as its chief of operations, Republican Gov. Doug Ducey’s office announced Wednesday.

  • June 15, 2017

    Mesa Power Can't Get $584M Claim Against Canada Revived

    A D.C. federal court on Thursday shot down Mesa Power Group LLC's bid to revive its CA$775 million ($584 million) claim against Canada over the Ontario government's allegedly unfair renewable energy regulatory process, citing a federal court’s limited ability to review the substance of arbitration awards.

  • June 15, 2017

    Mintz Levin Adds Former Latham Cleantech Co-Head

    A transactional attorney who was global co-head of Latham & Watkins LLP’s clean technology industry group and represented a mobile payment company acquired by Intuit Inc. for $360 million has joined Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • June 15, 2017

    Oracle Objects To SunEdison's Service Transfer Plan

    Oracle America Inc. objected Thursday to a proposed transition services agreement between bankrupt SunEdison Inc. and its yieldcos, saying the deal may impact Oracle’s intellectual property.

  • June 15, 2017

    Navy Accused Of Violating CWA After Cleaning Retired Ship

    The Suquamish Tribe and a pair of nonprofit environmental groups asked a Washington federal judge Wednesday to stop the Navy from cleaning decommissioned ships at a federal superfund site on the Puget Sound, accusing the government of violating the Clean Water Act.

  • June 15, 2017

    EPA Wants Toxic Air Rulemaking To Take 7 years, Not 2

    The U.S. Environmental Protection Agency did not dispute that it was required to update air emissions requirements for nine categories of allegedly toxic air pollutants, but it told a D.C. federal court Thursday the timeline laid out by environmental groups was unrealistic.

  • June 15, 2017

    Pruitt Offers Lukewarm Defense Of Trump’s EPA Budget Cuts

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Thursday gave lawmakers a lukewarm endorsement of a White House budget proposal that would slash the EPA’s funding by nearly 30 percent, but was reassured by Republicans that any funding cuts will likely be much smaller.

  • June 15, 2017

    Syngenta Looks To Nix Farmers' Claims In 1st GMO Corn Trial

    Agricultural giant Syngenta AG urged a Kansas federal judge on Wednesday to toss without jury deliberation allegations brought by corn producers in multidistrict litigation over the company’s alleged role in China’s rejection of U.S. corn shipments.

  • June 15, 2017

    Enviro Group Says No Error In $20M Penalty Against Exxon

    Environmental groups on Wednesday said that a Texas federal court was correct to impose a nearly $20 million civil penalty on Exxon Mobil Corp. over allegations that it improperly emitted millions of pounds of air pollution from a complex in Texas, arguing that Exxon’s objections are either meritless or overdue.

Expert Analysis

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Absolute Pollution Exclusion Continues To Weaken

    Carl Salisbury

    Last month, the Washington Supreme Court employed a causation analysis to reject a coverage denial in Xia v. Probuilders. When it first appeared, the absolute pollution exclusion seemed to mark the end of coverage for any losses remotely related to pollution, but the pendulum might at last be swinging in the other direction, says Carl Salisbury of Bramnick Rodriguez Grabas Arnold & Mangan LLC.

  • The Whys And Hows Of Forced Pooling

    Jack Luellen

    Forced pooling in oil and gas development allows small or irregularly sized tracts to be joined without the consent of the mineral interest owners. But stakeholders must be aware that rules vary from state to state, and current legislation pending in Colorado and elsewhere may alter the terms applied in forced pooling scenarios, says Jack Luellen of Husch Blackwell LLP.

  • Why Plaintiffs Bar Should Worry About Asbestos Suits

    Gregory Cade

    Asbestos-related cases have come to be known as the longest-running mass tort litigation ever, and they have collected a number of potential problems over time. Diminishment of trust funds for victims, loss of insurance coverage for asbestos defendants and long court backlogs are all potential issues attorneys must confront and discuss with their asbestos plaintiffs, says Gregory Cade of Environmental Litigation Group PC.

  • A Closer Look At Trump's Antiquities Act Order

    John Freemuth

    President Donald Trump’s recent executive order to U.S. Department of the Interior Secretary Ryan Zinke has brought the Antiquities Act back to center stage. The order has several specific review standards, the most important being the size of a monument created by proclamation, says John Freemuth, professor of environmental policy at Boise State University.

  • Rare Grable Removal Sighted In Missouri

    Julie Park

    A Missouri federal court recently found that, under the Grable doctrine, federal jurisdiction existed in a case brought under state law, because the plaintiffs’ claims dealt with the practices and regulations of a federal agency. Companies subject to federal regulation may find this case useful when seeking to invoke removal jurisdiction, say attorneys from Morrison & Foerster LLP.

  • In Trump Era, States Take Lead On Social Cost Of Carbon

    Seth Belzley

    The social cost of carbon is a measure intended to quantify the effect that a single ton of carbon dioxide emissions has on climate change. Even as the Trump administration has disbanded the federal interagency working group on this issue, the states have been stepping up their efforts, say Seth Belzley and Stephen Humes of Holland & Knight LLP.

  • Stability For Calif. Cap-And-Trade Program, For Now

    Robert Hines

    Thanks to a California appellate court's recent decision in California Chamber of Commerce v. State Air Resources Board, the future of California’s cap-and-trade program looks a little brighter. The opinion provides at least temporary stability to a key portion of the California Global Warming Solutions Act of 2006, say Robert Hines and Ashley Breakfield of Farella Braun & Martel LLP.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.