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  • 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.

  • August 7, 2018

    FERC Says NY Officials Too Late On $455M Pipeline Permit

    A split Federal Energy Regulatory Commission on Monday found that New York state environmental regulators waived their authority to deny a Clean Water Act permit for a $455 million natural gas pipeline project by blowing a one-year deadline.

  • August 7, 2018

    Ex-Navistar CEO Slams Competitors' Bid To Protect EPA Docs

    The former CEO of Navistar International Corp. urged an Illinois federal judge Monday not to allow seven heavy-duty engine manufacturers to intervene in the U.S. Securities and Exchange Commission’s lawsuit against him, saying their interests in protecting their compliance records with the Clean Air Act don’t require intervention.

  • August 7, 2018

    Rising Star: King & Spalding's Elizabeth Taber

    King & Spalding LLP partner Elizabeth Taber has defended major companies from groundwater contamination lawsuits and other tort claims, including representing Halliburton in litigation that caught the eye of Erin Brockovich, earning her a spot as a one of five environmental attorneys under age 40 honored by Law360 as Rising Stars.

  • August 6, 2018

    Monsanto Faces Punitives Bid As Cancer Trial Nears End

    On the eve of closing arguments, a California judge ruled Monday that a school groundskeeper can seek punitive damages in a landmark trial over claims that Monsanto's Roundup and Ranger Pro herbicides gave him lymphoma, though the judge called evidence supporting such damages "thin."

  • August 6, 2018

    FERC Halts Construction Of $3.5B Mountain Valley Pipeline

    The Federal Energy Regulatory Commission on Friday ordered nearly all construction work stopped on the $3.5 billion Mountain Valley pipeline, citing a recent Fourth Circuit decision that erased federal government approval for parts of the project.

  • August 6, 2018

    3 NM Dems Slam EPA For Gold King Compensation Delays

    A trio of New Mexico Democrats, including the state’s two U.S. senators, chastised the U.S. Environmental Protection Agency on Sunday for what they called the “ongoing failure to compensate victims” who said they were injured by the Gold King Mine disaster that occurred three years ago.

  • August 6, 2018

    Ex-Employees' SunEdison Stock-Drop Suit Nixed Again

    A New York federal judge on Monday again nixed a suit by former employees of SunEdison Inc. claiming executives of the now-bankrupt renewable energy giant continued to sell stock in spite of its imminent collapse, saying the employees hadn't adequately alleged the executives breached their fiduciary duty.

  • August 6, 2018

    Park Service Permit For $5B Pipeline Vacated By 4th Circ.

    The Fourth Circuit on Monday nixed the National Park Service's approval of a portion of the $5 billion Atlantic Coast gas pipeline, saying the agency failed to show how a right-of-way allowing the pipeline to cross the Blue Ridge Parkway was consistent with the purposes of the national park system.

  • August 6, 2018

    Pa. Justices Order Redo In Residential Drilling Challenge

    In the wake of a major revitalization of Pennsylvania's constitutionally enshrined environmental protections, the state's Supreme Court is ordering a lower court to reconsider its decision upholding a Butler County municipality's ordinance expressly allowing oil and gas drilling in residential and agricultural areas.

Expert Analysis

  • 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.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Is It Time For A Challenge To Chevron Deference?

    Joseph Diedrich

    In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.