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Environmental

  • May 16, 2018

    EPA's Wehrum Hopes To Avoid Calif. Fuel Economy Fight

    The U.S. Environmental Protection Agency will continue to negotiate with California in an effort to stave off a brewing legal war over greenhouse gas emissions regulations for vehicles, top agency air official Bill Wehrum told a House panel Wednesday.

  • May 16, 2018

    NJ Turnpike Authority Escapes Suit Over Enviro Cleanup

    The New Jersey Turnpike Authority cannot be held liable for environmental cleanup costs at the site of a former business where the agency brought tires for disposal, a state appeals court said Wednesday in affirming a ruling tossing a third-party complaint from the property's owners.

  • May 16, 2018

    S. Korea Picks WTO Fight Over Trump's Solar, Washer Tariffs

    South Korea has moved the squabble over President Donald Trump’s safeguard tariffs on solar panel components and washing machines to a more serious phase by filing a formal World Trade Organization dispute against the United States, according to documents published Wednesday.

  • May 16, 2018

    FAA Properly Vetted SoCal Flight Paths, DC Circ. Told

    The Federal Aviation Administration told the D.C. Circuit on Monday that it properly assessed environmental impacts before implementing new flight paths for Southern California airports as part of its air traffic control modernization program, insisting a challenge from local residents over aircraft noise must be rejected.

  • May 16, 2018

    Enviros Sue BLM Over Drilling Leases' Impact On Climate

    The Bureau of Land Management sold oil and gas leases for acreage as big as Chicago without properly considering the impact on climate change or ensuring that groundwater would be protected, environmental groups and landowners alleged in a suit filed in Montana federal court Tuesday.

  • May 16, 2018

    MPs Sound Alarm Over Slump In Green Investment

    A U.K. parliamentary committee called for action on Wednesday after a report into so-called green finance found a “worrying collapse” in the level of investment, urging the government to publish a plan to plug looming policy gaps.

  • May 15, 2018

    Conn. Sued Over Clean Energy, Efficiency Fund Sweep

    Environmental advocates, energy conservation companies and ratepayer organizations hit Connecticut officials with a federal lawsuit Tuesday over the legislature’s decision to sweep funds from clean energy and energy efficiency programs into the state’s general fund to plug a budget deficit.

  • May 15, 2018

    Calif., Enviros Ask 9th Circ. To Revive Border Wall Suit

    The state of California and several environmental organizations have urged the Ninth Circuit to overturn a lower court’s nixing of their challenge to the Trump administration's planned border wall in the state, saying the projects must first undergo environmental impact assessments.

  • May 15, 2018

    Nonclass Attys Deserve Cut Of $10B VW Deal, 9th Circ. Told

    Hundreds of lawyers claiming their work helped secure the $10 billion resolution of multidistrict litigation from consumers over Volkswagen AG's diesel emissions scandal told the Ninth Circuit on Monday that they deserve a cut of attorneys' fees and costs because their contributions were significant.

  • May 15, 2018

    Judge OKs More Depositions In Fiat Chrysler Stock Drop Suit

    A New York federal judge on Monday partially granted a bid from Fiat Chrysler investors to depose more witnesses and add interrogatories in their suit alleging the automaker hid the existence of emissions control instruments dubbed defeat devices in vehicles in an effort to inflate share prices.

  • May 15, 2018

    2nd Circ. Nixes Enviro Challenge To Gas Facility Permit

    The Second Circuit on Tuesday declined to review the U.S. Environmental Protection Agency’s decision not to object to a Clean Air Act permit issued by New York regulators to a landfill gas-burning facility, dealing a blow to environmentalists challenging the approval.

  • May 15, 2018

    Enviros Join EPA Fuel Economy Rollback Fight

    Seven environmental and consumer advocacy groups on Tuesday launched the latest in a string of challenges before the D.C. Circuit to the U.S. Environmental Protection Agency's decision to revisit Obama-era greenhouse gas vehicle emission standards.

  • May 15, 2018

    Tribe Loses LNG Permit Challenge In Wash. Appeals Court

    A Washington appeals court on Monday backed a development permit issued for a Puget Sound Energy liquefied natural gas project in Tacoma, Washington, rejecting arguments from the Puyallup Tribe that state shoreline regulators wrongly affirmed the permit issued by the city.

  • May 15, 2018

    Calif. Tribe Asks Justices To Spurn County's Casino Land Suit

    The Ione Band of Miwok Indians urged the U.S. Supreme Court on Monday to reject a California county’s challenge to a U.S. Department of the Interior land-into-trust acquisition for a proposed tribal casino, saying the Ninth Circuit correctly interpreted federal law in backing the department’s decision.

  • May 15, 2018

    EPA Post-VW Emission Testing Could Be Better: OIG

    The U.S. Environmental Protection Agency's Office of Inspector General on Tuesday said the EPA has improved its vehicle emissions testing programs in the wake of the Volkswagen emissions cheating scandal, but should do more to increase compliance.

  • May 15, 2018

    Enviros Lodge Discrimination Case Over NC Pipeline Permits

    A coalition of environmental and civil rights groups on Tuesday urged the U.S. Environmental Protection Agency to nix permits from North Carolina environmental regulators for the $5 billion Atlantic Coast natural gas pipeline, claiming the state ignored the project's disproportionate effects against African-American and Native American communities along its path.

  • May 15, 2018

    20 Senators Want EPA To Extend Deadline On Science Rules

    A group of 20 senators on Monday wrote a letter to U.S. Environmental Protection Agency Administrator Scott Pruitt, asking him to extend the comment period for a proposed rule that would impact the types of scientific studies the agency could use to support its decision-making.

  • May 15, 2018

    100 Oil Cos., Banks Urged To Pass On Arctic Refuge Drilling

    Investors with $2.52 trillion in total assets, including the New York State Common Retirement Fund, Trinity Health and BNP Paribas AM, as well as dozens of environmental and tribal groups pressed oil and gas companies and the banks that back them Monday not to drill in the Arctic National Wildlife Refuge.

  • May 15, 2018

    DC Circ. Won't Revive Ex-EPA Supervisor's Age Bias Suit

    The D.C. Circuit on Tuesday affirmed dismissal of a former U.S. Environmental Protection Agency criminal enforcement office supervisor's age bias suit against the agency, agreeing with the lower court that he missed a deadline to sue.

  • May 15, 2018

    NJ Agency Blasts Trenk DiPasquale Bid To Limit Email Probe

    A defunct Newark water agency has pushed back against an informal bid by its former counsel Trenk DiPasquale Della Fera & Sodono PC to limit a forensic inspection of the firm’s electronic devices, telling a New Jersey bankruptcy judge that the request was a “back-door” attempt to evade a court order approving the inspection.

Expert Analysis

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Calif. Case Shows Propriety Of Telecom CEQA Exemptions

    Michael Shonafelt

    A California appellate court's recent decision in Aptos v. Santa Cruz clarifies that "small cell" telecommunications networks in public streets and highways are exempt from California Environmental Quality Act review. This case comes at a time when the telecom industry and local governments both need certainty on the applicability of CEQA exemptions, says Michael Shonafelt of Newmeyer & Dillion LLP.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • When Are Minority Stockholders Controllers?

    Scott Barshay

    The Delaware Chancery Court's recent decision in a Tesla stockholder case shows that even a shareholder with a “relatively low” ownership stake representing a “small block” may be found to be controlling under certain circumstances, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • The Time Is Right For New Jersey To Adopt Daubert

    Timothy Freeman

    The New Jersey Supreme Court may soon decide whether to adopt the Daubert standard for admissibility of expert witness testimony. The searching inquiry into the reliability of proffered expert testimony that is required by Daubert protects the integrity of the jury system by ensuring that jurors are not misled by unreliable evidence, says Timothy Freeman of Tanenbaum Keale LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Fast-Tracking Electric Transmission Infrastructure

    Keith Barnett

    The U.S. Department of Energy will soon conduct its fourth triennial congestion study, and may subsequently designate one or more National Interest Electric Transmission Corridors. Streamlined permitting procedures could allow any projects within those corridors to benefit from fast-tracked approval, say attorneys with WilmerHale.

  • Why DC Circ. Said Airport Noise Critics Are Out Of Luck

    Paul Kiernan

    What if they made a regulatory change and no one noticed? The D.C. Circuit's recent ruling in Citizens Association of Georgetown v. Federal Aviation Administration reaffirms the rule that the appeal clock starts ticking on the day a regulatory order is officially made public, whether affected parties had actual notice or not, says Paul Kiernan of Holland & Knight LLP.