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Environmental

  • August 9, 2018

    Oil & Gas Co. Wins Water Use Fight With Texas Landowner

    A Texas appeals court has ruled that the accommodation doctrine in oil and gas drilling agreements does not obligate a driller to use a surface landowner's water during operations, affirming a summary judgment in favor of Rosetta Resources Operating LP.

  • August 9, 2018

    9th Circ. Forces EPA Action On Risky Pesticide

    The Ninth Circuit said Thursday the U.S. Environmental Protection Agency must ban a pesticide linked to developmental harm in children, slamming the agency for allegedly dragging its feet on a product that its own analysis found has an exposure risk that does not meet the relevant safety standard.

  • August 9, 2018

    Orsted Bolsters Wind Farm Biz With $580M Acquisition

    Offshore wind farm developer Orsted announced Thursday that it has agreed to buy a U.S.-based wind farm developer, owner and operator from private equity firm I Squared Capital for an enterprise value of $580 million.

  • August 9, 2018

    Wash. Tribe Urges Supreme Court To Review Fishing Decision

    The Makah Indian tribe has further urged the U.S. Supreme Court to review a Ninth Circuit decision that handed a win to two other Washington state tribes in a dispute over tribal fishing grounds, saying the opposing tribes have tried to “trivialize the practical significance of this case.”

  • August 9, 2018

    Rising Star: Kelley Drye's William Petit

    Kelley Drye & Warren LLP partner William C. Petit has scored wins for the likes of Union Pacific Railroad in complex environmental litigation and served as go-to counsel to clients on environmental permitting and compliance matters, making him one of four environmental attorneys under 40 named to Law360's list of Rising Stars.

  • August 8, 2018

    Nevada Let Controlled Burn Turn Into Wildfire, Jury Told

    Counsel for property owners impacted by 2016’s Little Valley Fire told a Nevada jury during Wednesday opening statements that it was the Nevada Division of Forestry’s decision to ignore its own plan and abandon a prescribed burn during high winds, causing the devastating wildfire.

  • August 8, 2018

    BLM Wants Input For Enviro Analysis Of Calif. Fracking

    The Bureau of Land Management on Wednesday opened up a 30-day period for the public to weigh in on the "potential environmental impacts" of hydraulic fracturing on around 400,000 acres of public land in California, a proposal that was met with opposition from environmental groups.

  • August 8, 2018

    Texas Panel Zaps Power Co.'s Tax Break On Steam Generators

    A Texas appeals panel has ruled that a power company was properly denied a tax exemption for steam generators that it couldn't prove were used for pollution control, saying a determination from the state’s environmental commission was a binding opinion on the equipment's usage.

  • August 8, 2018

    SoCalGas Reaches $119.5M Deal In Calif. Gas Leak Litigation

    Southern California Gas Co. has agreed to a proposed $119.5 million deal to end state litigation from the California Air Resources Board and the city and county of Los Angeles over the huge Aliso Canyon gas leak, the company and local officials announced on Wednesday.

  • August 8, 2018

    Enviros See Claims Trimmed In Highway Project Challenge

    An Illinois federal judge threw out the bulk of claims brought by an environmental group challenging various government agencies' conclusion that a $115 million highway and bridge project would not adversely affect the endangered rusty patched bumble bee.

  • August 8, 2018

    Rising Star: Kirkland's Alexandra Farmer

    Kirkland & Ellis LLP partner Alexandra Farmer helps clients navigate the environmental components of dozens of deals a year and recently guided The Blackstone Group through the complexities of a joint bid to acquire Midwest power plants for more than $2 billion, earning her a spot as one of four environmental law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 8, 2018

    3 Firms Steer Starwood's $2.6B GE Energy Finance Biz Deal

    Starwood Property Trust on Wednesday expanded its reach beyond traditional real estate, striking a deal with GE Capital to acquire an arm of its energy finance business for $2.56 billion, with Sidley Austin LLP and Paul Hastings LLP guiding the buyer and Shearman & Sterling LLP guiding the seller.

  • August 8, 2018

    Insurers Face FCA Scrutiny Over Climate Risk Claims

    Britain's City regulator is to scrutinize detailed allegations that Admiral Group PLC and two other insurers failed to disclose their exposure to climate change risk, as environmental campaigners increase pressure on the insurance industry to come clean.

  • August 7, 2018

    Monsanto Owes $412M For Roundup 'Reckoning,' Jury Hears

    A school groundskeeper's attorneys asked a California jury to award $412 million in damages against Monsanto Co. during closing arguments Tuesday in a landmark trial over claims its Roundup and Ranger Pro herbicides gave him lymphoma, calling it a "day of reckoning" for Monsanto, which has denied the alleged link to cancer for years.

  • August 7, 2018

    Economist Urges DOI To Rethink Climate Cost Of Coal Leases

    American economist Michael Greenstone has told a Montana federal court that advances in climate change science justify requiring a more thoughtful assessment from the U.S. Department of the Interior than it used in making its decision to lift a moratorium on federal coal leasing, pointing to the social costs of carbon and other greenhouse gases.

  • August 7, 2018

    Builder Owes Pump Station's Fired Subcontractor: 8th Circ.

    The Eighth Circuit on Tuesday sided with a subcontractor in a lawsuit stemming from a government contract to build a pumping station in Arkansas, upholding a lower court’s finding that the contractor wrongfully terminated the subcontract and owes more than $215,000 in labor and materials.

  • August 7, 2018

    Level Solar Grilled By Court Over Ch. 11 Case Progress

    A New York bankruptcy judge on Tuesday pressured an attorney for solar panel installer Level Solar Inc. to address delays in moving the company toward a restructuring plan amid calls to liquidate the estate while ordering a holdback of nearly half of his request for legal fees.

  • August 7, 2018

    EPA Increases Limits On Climate-Friendly Refrigerants

    The U.S. Environmental Protection Agency has finalized a rule letting appliance manufacturers use larger amounts of three climate-friendly refrigerants in household refrigerators and freezers, according to a notice slated to run in the Federal Register on Wednesday.

  • August 7, 2018

    Ship Pilots Group Not On Hook For Chemical Spill In Collision

    A Texas appeals court found Tuesday that an association of ship pilots is immune from a suit alleging negligence in a collision between two vessels piloted by its members that caused a chemical spill in the Houston Ship Channel in 2015.

  • August 7, 2018

    Fiat Chrysler Says RICO Emissions MDL Uncertifiable

    Fiat Chrysler said Tuesday that consumers alleging it outfitted Jeep and Ram diesel vehicles with emissions-cheating devices are uncertifiable, as the automaker ratchets up its efforts to dismantle multidistrict litigation in California accusing it of fraud and Racketeer Influenced and Corrupt Organizations Act violations.

Expert Analysis

  • A Path To New York's Energy Storage Goal

    Danielle Mettler-LaFeir

    New York state's recently issued Energy Storage Roadmap identifies the actions and initiatives that can help New York meet its energy storage goal of 1,500 megawatts by 2025. Danielle Mettler-LaFeir of Barclay Damon LLP looks at the road map’s recommendations and the opportunities they create.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Assessing Lucia's Impact Beyond The SEC

    Barry Hartman

    The U.S. Supreme Court's decision in Lucia v. U.S. Securities and Exchange Commission necessarily implicates a broad swath of recently decided or currently pending enforcement actions before hundreds of administrative law judges across federal agencies, including the U.S. Environmental Protection Agency, say attorneys with K&L Gates LLP.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Get Your Mass. Brownfields Tax Credits For 5 More Years

    Ned Abelson

    With the finalization of the Massachusetts housing bond bill at the end of last month, the brownfield tax credit is now available for an additional five years to certain taxpayers who clean up qualifying sites. This article, from attorneys at Goulston & Storrs, provides a brief summary of the Massachusetts brownfields tax credit and the requirements to obtain it.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Top 6 IRS Attacks On Conservation Easement Deductions

    Gregory Rhodes

    Even inconspicuous technical deficiencies in drafting or tax return preparation may render a conservation easement valueless for federal income tax purposes. Donors of conservation easements should be particularly mindful of six issues the IRS has recent held in its sights, say Gregory Rhodes and Tucker Thoni of Sirote & Permutt PC.

  • Some Good Prop 65 News For Businesses

    Robert Falk

    It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcomed by businesses, but a dizzying flurry of recent developments may prove an exception, say attorneys with Morrison & Foerster LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • The EPA's New Biofuels Plan And A Residue Of Uncertainty

    Joel Beauvais

    The U.S. Environmental Protection Agency last week issued its long-awaited proposal concerning the next round of annual volume requirements under the Renewable Fuel Standard. While the proposal generally indicates stability and growth for the RFS program, it is conspicuously silent on several issues that could substantially affect biofuels markets, say Joel Beauvais and Steven Croley of Latham & Watkins LLP.