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Environmental

  • October 30, 2018

    Enviros, EPA Argue Over Acceptable River Pollution Levels

    A D.C. federal judge Tuesday pressed attorneys for environmental groups and the U.S. Environmental Protection Agency on what the appropriate amounts of pollutants allowed in Washington, D.C., area rivers per day should be and how those amounts are determined, during a summary judgment motion hearing.

  • October 30, 2018

    Pa. County Says Enviro Groups Can't Sue Over Fund Use

    A pair of Pennsylvania environmental groups lack the standing to sue the Allegheny County Health Department in state court over the department's alleged proposal to spend clean-air funds on office renovations, in part because no such proposal has been made official, the county argued Monday.

  • October 30, 2018

    NYC Museum Expansion Halted At Enviro Group's Request

    A construction project expanding the American Museum of Natural History into Theodore Roosevelt Park has been halted in a dispute brought by environmentalists, with a New York state court issuing a temporary restraining order that freezes the project until Dec. 11, without providing additional reasoning.

  • October 30, 2018

    PPL Sued For $733M Over Mont. Hydroelectric Facilities Sale

    The operator of a coal-fired power plant, its pension plan and an affiliate hit global energy company PPL Corp. with two suits in Montana state court Monday seeking to recover $733 million in funds they say PPL wrongly took from the operator's business when it sold certain hydroelectric generating assets.

  • October 30, 2018

    Nation's Biggest Natural Gas Plant Settles EPA Pollution Row

    The largest natural gas processing plant in the United States on Monday said it will pay more than $7.2 million to clean up its emissions after the U.S. Environmental Protection Agency said the facility has never complied with Clean Air Act regulations since it opened in 2000.

  • October 30, 2018

    Feds Ask Justices To Nix Enviros' Border Wall Challenge

    The federal government has hit back at a bid by environmental groups to have the U.S. Supreme Court review portions of an immigration law that waived environmental reviews and allowed construction on the controversial border wall with Mexico to move forward, saying the organizations’ constitutionality concerns are not viable.

  • October 29, 2018

    Judge To Limit Jury Screenings In Roundup Bellwether MDL

    A California federal judge overseeing multidistrict litigation over consumers' claims that Monsanto's Roundup weedkiller caused their cancer said Monday he's "strongly against" individually screening potential jurors for February and May trials, saying it seems Monsanto wants to proceed with jury selection "as if it were a death penalty case."

  • October 29, 2018

    Justices Won't Hear Chevron Test Over FWS Otter Program

    The U.S. Supreme Court on Monday declined to hear a challenge to the effect of so-called Chevron deference on agency decision-making, keeping in place a Ninth Circuit decision that rejected a challenge to the U.S. Fish and Wildlife's power to end a failed sea otter conservation program.

  • October 29, 2018

    Enviro Exec Wins $1M In Mass. Court Flip For Lost Bonus

    A Massachusetts appeals court on Monday reinstated a $1 million jury verdict for an executive at an environmental remediation company after he was stiffed on bonus payments promised for his work soliciting investors during a round of recapitalization, reversing a lower court ruling.

  • October 29, 2018

    Auto Emissions Rollback Draws Unexpected Opposition

    The Trump administration's proposal to weaken Obama-era greenhouse gas emissions and fuel efficiency standards has drawn criticism from surprising sources including Shell Oil and General Motors over climate change concerns, while California complained it would lose a Clean Air Act waiver that allows it to set its own greenhouse gas specifications under the plan.

  • October 29, 2018

    Enviros Can't Sue FERC In NJ, Judge Says In PennEast Fight

    An environmental group opposed to PennEast’s $1 billion natural gas pipeline project has lost its bid to wage a fight in the Garden State over the constitutionality of actions by the Federal Energy Regulatory Commission, with a New Jersey federal judge finding Monday that she did not have jurisdiction to hear the matter.

  • October 29, 2018

    NY’s Exxon Suit Brings Wall Street Into Climate Change Fight

    New York Attorney General Barbara Underwood’s lawsuit alleging ExxonMobil understated the business risks posed by climate change could prompt investors to move their money elsewhere and serve as an economic incentive for companies to change their strategies to account for climate change and its costs, experts say.

  • October 29, 2018

    EPA Floats Delay Of Obama-Era Landfill Methane Standards

    The U.S. Environmental Protection Agency is suggesting delaying until 2019 Obama-era regulations that limit emissions from municipal landfills, according to a proposed rule to be published in the Federal Register on Tuesday.

  • October 26, 2018

    Paul Hastings Must Face Suit Over Lighter Co. Deal

    After winning a trial court dismissal of a malpractice suit last year, Paul Hastings LLP will have to face allegations related to its work on a client’s deal to buy a Japanese cigarette lighter maker after all, a California state appeals court has ruled.

  • October 26, 2018

    Cities On Edge As High Court Weighs Kids' Climate Suit

    As the U.S. Supreme Court mulls the future of claims that the federal government's policies unconstitutionally impose climate change-related dangers on future generations, state and local governments behind climate change suits against fossil fuel companies worry their cases could be endangered by any pronouncement from the high court on the viability of climate litigation.

  • October 26, 2018

    Pa. Appeals Court Upholds Town's Fracking Law

    A Pennsylvania appeals court on Friday supported a local land-use ordinance that explicitly lets a Westmoreland County town allow hydraulic fracturing — or “fracking” — in residential and agricultural areas, rejecting arguments that the rule ran afoul of environmental protections enshrined in the state’s constitution.

  • October 26, 2018

    Ex-Napoli Bern Atty Seals $4M Win In Fee Fight With Firm

    A former Napoli Bern Ripka & Associates partner has won a California federal court's sign-off on a $4 million award he won in arbitration over referral fees he claimed the now-defunct plaintiffs firm owed him.

  • October 26, 2018

    RFRA Beats Natural Gas Act, Catholic Order Tells High Court

    A Catholic religious order with land in the path of the controversial Atlantic Sunrise natural gas pipeline project is asking the U.S. Supreme Court to decide whether the Religious Freedom Restoration Act trumps the Natural Gas Act permitting the pipeline’s construction.

  • October 26, 2018

    Conn. Beats Suit Over Clean Energy, Efficiency Fund Sweep

    A Connecticut federal judge on Thursday tossed a suit lodged by environmental advocates, energy conservation companies and ratepayer groups claiming state lawmakers unconstitutionally swept funds from clean energy and energy efficiency programs into the state’s general fund to plug a budget deficit.

  • October 26, 2018

    Texas LNG Project Alone Won't Have Major Impact: FERC

    The Federal Energy Regulatory Commission said Friday that Texas LNG Brownsville LLC's proposal for a liquefied natural gas terminal in south Texas likely won't significantly impact the environment if mitigation measures are taken.

Expert Analysis

  • Triggering Civil Authority Coverage After A Natural Disaster

    Tracey Jordan

    As hurricane season continues, insured business owners in affected areas are likely to seek coverage for loss of business income. It's important to recognize that for business income insurance to cover losses caused by a civil authority order, the order must be a result of actual property damage, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.