Environmental

  • February 12, 2018

    NJ Enviros, Ex-State Sen. Can't Stop $225M Exxon Deal

    A New Jersey appeals court on Monday refused to second-guess the state’s controversial $225 million settlement with Exxon Mobil Corp. over contamination from its refineries and gas stations, ruling in a published decision that the judge who heard the case in its entirety had been in the best position to approve the deal.

  • February 12, 2018

    Enviro Watchdog Says DOI Temp Officials Are Illegal

    An environmental group on Monday accused the U.S. Department of the Interior of illegally installing temporary leaders of its Bureau of Land Management, Fish and Wildlife Service and National Parks Service, potentially invalidating actions taken by those agencies or making them more vulnerable to legal challenges.

  • February 12, 2018

    Ace Fights $1.1M Pollution Award Coverage At 11th Circ.

    Ace American Insurance Co. told the Eleventh Circuit on Friday that a Georgia federal judge erred in forcing it to cover now-bankrupt Exide Technologies for a $1.1 million judgment over acid damage at a battery factory owned by Wattles Co., asserting Exide's policy was meant to contain an exclusion for pollution claims.

  • February 12, 2018

    Tribal Tie Doesn't Nix Coal Plant Row, Enviros Tell 9th Circ.

    Environmental groups told the Ninth Circuit on Friday that a lower court wrongly found that their challenge to the federal government’s approval of continued operations of a coal-fired plant and mine on Navajo land was barred by the mine owner's tribal sovereign immunity.

  • February 11, 2018

    Trump Administration Outlines $200B Infrastructure Plan

    President Donald Trump will unveil on Monday a long-awaited proposal to spend $200 billion to rebuild the nation’s roads, bridges, highways, railways, waterways and other infrastructure and to expedite environmental reviews, while also putting states and localities on notice that they’ll have to shoulder more of the cost burden going forward.

  • February 9, 2018

    DOJ's No. 3 Checks Out For Walmart Gig

    The U.S. Department of Justice’s associate attorney general who was tasked with overseeing numerous divisions, including antitrust, civil, civil rights, environment and natural resources, and tax, will leave the department for Walmart after nine months on the job, the DOJ and the retail giant announced Friday.

  • February 9, 2018

    Girardi Keese Must Open Books On $130M Deal, 9th Circ. Told

    An attorney whose client accused Girardi Keese of mismanaging a $130 million settlement with Lockheed Martin urged the Ninth Circuit on Friday to allow an accounting of the funds to move forward, while the firm argued that a lower court correctly found the suit was time-barred since the funds were distributed nearly two decades ago.

  • February 9, 2018

    TSCA Rule Would Help Fund Broader EPA Chemical Program

    The U.S. Environmental Protection Agency’s proposed new fee structure for its Toxic Substances Control Act program would bring much-needed revenue to an agency facing dramatically increased responsibilities under recent amendments to the law, although environmentalists say companies would get off easy.

  • February 9, 2018

    Shell Loses $300M-Plus Oil Cleanup Claim Against Dole Unit

    Shell Oil Co. lost a bid at getting more than $300 million in oil waste cleanup costs reimbursed by a Dole real estate subsidiary when a California court ruled Thursday the regional water board’s order listing the developer as a contributor to the pollution has not yet been finalized.

  • February 9, 2018

    SD Tribe Blasts NRC's Take On Standing To Dispute Mine

    The Oglala Sioux Tribe pushed back Thursday in the D.C. Circuit against a letter by the U.S. Nuclear Regulatory Commission, claiming a recent circuit decision buoys its case, not the NRC’s, in its fight over a South Dakota uranium mine permit.

  • February 9, 2018

    Budget Bill Contains Energy Tax Credit Boon

    Energy tax credit extenders included in the two-year budget deal signed by President Donald Trump on Friday provide potential boosts for renewable energy development and potential lifelines for nuclear and carbon capture and storage projects.

  • February 9, 2018

    What's Next In The WTO Tussle Over Trump's Safeguards

    Major U.S. trading partners have begun to push back against the Trump administration’s newly minted safeguard tariffs at the World Trade Organization using a tactic that, for now, stops short of a full-on dispute but could enable those aggrieved countries to strike back against the duties more swiftly.

  • February 9, 2018

    Dakota Access Owners Press RICO Suit Against Enviros

    The operator of the controversial Dakota Access pipeline urged a North Dakota federal judge Thursday not to toss its suit accusing Greenpeace and other environmental groups of destroying company property and threatening executives with death.

  • February 9, 2018

    Enviro Analysis Says Congress Threatens Access To Courts

    Earthjustice on Thursday released an analysis of more than 50 pieces of legislation introduced in Congress that it said could restrict the public’s ability to seek justice in court, saying the measures could “erect permanent obstacles” for people trying to defend their rights.

  • February 9, 2018

    Mass. Sens. To EPA: Make GE Send River Waste Out Of State

    A trio of congressional representatives Thursday urged the U.S. Environmental Protection Agency to reject a request by General Electric for local disposal of contaminated soil dredged from the Housatonic River after an agency appeal board threw that section of the cleanup plan into question.

  • February 9, 2018

    ETP Unit Fights New Permit Conditions For Pa. Gas Terminal

    The Energy Transfer Partners unit operating a natural gas terminal at the end of the controversial Mariner East pipelines in Pennsylvania on Thursday challenged a new water discharge permit from the state environmental agency as having new, burdensome requirements that outweigh their environmental benefits.

  • February 8, 2018

    Congress Fumbles Spending Debate, Shutting Gov't Down

    Unable to pass a funding agreement before midnight, Congress has sent the government into at least a brief shutdown Friday despite pending long-term budget agreement legislation.

  • February 8, 2018

    Volkswagen Fines Top EPA's Biggest 2017 Enforcement Cases

    The U.S. Environmental Protection Agency on Thursday released highlights of its 2017 enforcement efforts, pointing to a $2.8 billion criminal fine against Volkswagen AG for cheating emissions standards and a $2 million Clean Water Act penalty against Tyson Poultry Inc.

  • February 8, 2018

    EPA Floats Billing Industry $20M Per Year In TSCA Fees

    The U.S. Environmental Protection Agency on Thursday proposed to update a fee program that would raise $20 million per year from chemical manufacturers and distributors and help the agency fund its obligations under the recently amended Toxic Substances Control Act.

  • February 8, 2018

    Budget Deal Would Renew Expired Tax ‘Extenders’

    Congress has passed a budget agreement that, along with keeping the government funded, would revive a set of expired targeted tax benefits for businesses and individuals, known as tax extenders.

Expert Analysis

  • Will Ratepayers Or Shareholders Pay For California Fires?

    Mike Danko

    Northern California homeowners recently filed suit against PG&E Corporation, blaming its power lines for sparking wildfires that have destroyed more than 5,000 homes. If plaintiffs prove that the utility took shortcuts that placed profits over safety, victims’ compensation should come from the company's profits, not from ratepayers, say Mike Danko of Danko Meredith and Caroline Corbitt of Gibbs Law Group.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • The Uncertain Fate Of Migratory Birds

    Hilary Tompkins

    It remains to be seen if the recent reversal of the U.S. Department of the Interior's long-standing position regarding the Migratory Bird Treaty Act will withstand challenges. The launch of this decision — just before Christmas and without a solicitor — highlights some potential pitfalls, says Hilary Tompkins, a partner at Hogan Lovells and former solicitor of the DOI.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Still No Clarity For Pipeline Permitting Process

    Karen Davis

    Notwithstanding the lofty goals set by both President Donald Trump and former President Barack Obama, recent court decisions make clear that the permitting process for major natural gas pipeline projects remains unpredictable, says Karen Davis of Fox Rothschild LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.