• March 16, 2018

    Calif. Climate Suits Sent Back To State Court In Fed Split

    A California federal judge Friday sent back to state court climate change torts lodged by a trio of municipalities against dozens of oil, gas and coal companies, creating a split with another judge who’s said similar suits filed by San Francisco and Oakland belong in federal court.

  • March 16, 2018

    Colonial Pipeline To Put Up $3.3M In Ala. Gas Spill Settlement

    Colonial Pipeline Co. has agreed to a $3.3 million settlement with Alabama to resolve claims related to gasoline pipeline ruptures and other releases in the state, the Alabama attorney general’s office said Thursday.

  • March 16, 2018

    Trade Group Says EPA's Delay Of Rules Boosts Safety

    Opponents of a risk management rule for chemicals on Friday urged a D.C. Circuit panel to quash an effort by environmental groups to force the U.S. Environmental Protection Agency to implement the Obama-era regulations, saying the rules could threaten national security.

  • March 16, 2018

    Troutman Nabs Ex-Van Ness Feldman Hydropower Pro

    Troutman Sanders LLP has snagged a partner from Van Ness Feldman for its energy practice who has more than 20 years of expertise in the hydropower sector and will work from its Washington, D.C., office.

  • March 16, 2018

    Sunoco Faces Class Action Over Pa. Pipeline Work Damage

    The owners of two suburban Philadelphia homes launched a class action against Sunoco Inc. on Thursday alleging that construction of the company’s controversial Mariner East 2 pipeline caused significant property damage and left them at risk of possible catastrophic explosion.

  • March 16, 2018

    DC Circ. Shuts Down Part Of EPA Boiler Rule

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency did not adequately justify its decision to raise allowable carbon monoxide emission levels from industrial boilers, a win for environmentalists that challenged the move.

  • March 16, 2018

    5th Circ. Lifts Block On La. Pipeline Project Amid Appeal

    A divided Fifth Circuit panel on Thursday unfroze construction of a crude oil pipeline connected to the controversial Dakota Access pipeline while a Louisiana federal judge's injunction is appealed, with the majority saying it appears that the injunction shouldn't have been granted.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

  • March 16, 2018

    Taxation With Representation: EY, Skadden, Slaughter

    In this week’s Taxation With Representation, Experian bought ClearScore for $385 million, SJW Group and Connecticut Water Service merged in a $750 million deal and Legal & General Group acquired the remaining stake of Cala Homes for $884.7 million.

  • March 15, 2018

    5th Circ. Affirms 2 Convictions In BP Oil Spill Fraud Case

    The Fifth Circuit on Wednesday upheld the convictions of two consultants accused of inflating the number of claimants in a $2.3 billion settlement in the BP PLC Deepwater Horizon litigation, rejecting their argument that a separate trial was necessary after the other defendants turned on them.

  • March 15, 2018

    Perry Admits DOE Budget Cuts Face Long Odds In Congress

    Energy Secretary Rick Perry on Thursday defended proposed cuts in the U.S. Department of Energy's 2019 budget plan from skeptical House appropriators, but admitted some reductions were legislative long shots, including the elimination of research and development programs and a plan to privatize federal hydroelectric power systems.

  • March 15, 2018

    Finances Limit Owner's Liability For Plugging Wells: Pa. Court

    A Pennsylvania appellate court ruled on Thursday that the owner of an oil and gas company could not be held liable for the company’s failure to seal off all of its abandoned oil and gas wells, despite notices of violation from the state’s Department of Environmental Protection, because the company did not have the financial resources to do so.

  • March 15, 2018

    Atlantic Richfield To Pay $3M For Ariz. Mine Cleanup Costs

    Atlantic Richfield Co. has agreed to reimburse the U.S. Environmental Protection Agency $3 million for past response costs at the Anaconda Copper Mine Site in Nevada, according to a prepublication notice posted on the Federal Register's website on Thursday.

  • March 15, 2018

    Army Corps Faces Trial In $300M Missouri River Flooding

    A Court of Federal Claims judge on Tuesday ruled that the U.S. Army Corps of Engineers’ projects on the Missouri River caused serial flooding of private landowners’ property, clearing the way for a trial over an estimated $300 million in damages.

  • March 15, 2018

    Feds To Revisit Critical Habitat Rules To Settle States' Suit

    An Alabama federal judge on Thursday agreed to dismiss a challenge brought by a coalition of largely right-leaning state attorneys general against Endangered Species Act rules governing critical habitat designations after the federal government agreed to reconsider them, the Arkansas Attorney General’s office said.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

  • March 15, 2018

    Calif. Man Arrested Over Alleged Massive Raptor Poach

    The California Department of Fish and Wildlife said Wednesday that a man from Lassen County was arrested after his 80-acre property was allegedly found strewn with more than 125 dead birds, amounting to what the department called “likely the largest raptor poaching case in known” state history.

  • March 15, 2018

    Conn. Water Service Merges With Holding Co. In $750M Deal

    California-based holding company SJW Group has agreed to merge with Connecticut Water Service in a $750 million deal that would make the company the third-largest investor-owned water and wastewater utility in the U.S., SJW Group said Thursday.

  • March 15, 2018

    FERC Reapproves Fla. Pipeline Amid Split Over GHG Review

    A divided Federal Energy Regulatory Commission reauthorized the $3.5 billion Southeast Markets natural gas pipeline to Florida, with the agency's two Democratic commissioners saying FERC failed to adequately analyze the project's greenhouse gas emissions impacts as required by the D.C. Circuit when it nixed the agency's original approval.

Expert Analysis

  • Addressing Human Rights Issues In The Extractive Sector

    Viren Mascarenhas

    As extractive industries face increasing scrutiny over their human rights practices, the International Corporate Accountability Roundtable and the Due Process of Law Foundation have issued guidance on how governments should address human rights issues related to the extractive sector. Extractive companies should also take note, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How California Energy Laws Changed In 2017: Part 2

    Ella Foley Gannon

    The laws relating to energy that were enacted during the 2017 California state legislative session will bring a host of changes to existing state programs and policies. Interested stakeholders must familiarize themselves with the state's new policies on solar consumer protection, emerging technologies, zero-emission vehicles and retail utilities, say attorneys with Morgan Lewis & Bockius LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How California Energy Laws Changed In 2017: Part 1

    Ella Foley Gannon

    For energy industry observers, the 2017 California state legislative session produced a few significant bills along with a host of more minor bills. While protecting the environment, the Legislature also sought environmental justice, with new legislation relating to the state's cap-and-trade program, air quality and distributed energy resources, say attorneys with Morgan Lewis & Bockius LLP.

  • Understanding FERC's Natural Gas Certificate Policy Review

    Cynthia Taub

    The Federal Energy Regulatory Commission announced in December that it will review its 1999 certificate policy statement for deciding when a proposed natural gas project is required by the public convenience and necessity. Based on comments from the commissioners, this review may include potential changes to the commission’s environmental review process, say Cynthia Taub and Monique Watson of Steptoe & Johnson LLP.

  • A Lower Bar For Calif. Agencies In Hazardous Waste Cases

    Ria Rana

    If the California Court of Appeal's latest decision in City of Modesto v. The Dow Chemical Company continues to stand, it will have broad implications for chemical and equipment manufacturers and distributors who may find they are subjected to liability under the Polanco and Gatto Acts more frequently, say Ria Rana and John Parker of Goldberg Segalla.

  • 9th Circ. Decision Could Be Game-Changer For Investors

    Carol Villegas

    The Ninth Circuit on Wednesday issued an important decision in Mineworkers' Pension Scheme v. First Solar that serves to protect investor rights in securities class actions and will prevent companies that commit fraud from evading liability, say Carol Villegas and James Christie of Labaton Sucharow LLP.