Environmental

  • October 6, 2017

    Solar Panel Co. Suniva Seeks Emergency Ch. 11 DIP Hike

    Solar panel maker Suniva Inc. sought emergency bankruptcy court approval late Thursday to extend its debtor-in-possession budget and hike its DIP loan by $2.8 million, or more than 50 percent, after tapping out its original borrowing.

  • October 6, 2017

    Trump's Rollback Of Energy Regs Hits Legal Speed Bumps

    The recent invalidation of a delay on a rule limiting venting from natural gas wells marks the latest setback for the Trump administration in its efforts to freeze Obama-era energy rules while pursuing rollbacks. Here's a roundup of rule delays that have either been struck down by the courts or walked back by the administration.

  • October 6, 2017

    Corps' Dakota Access Review Taking Longer Than Expected

    The U.S. Army Corps of Engineers told a D.C. federal judge on Friday that it will likely take longer than it initially expected to finish fixing an environmental review of the controversial Dakota Access pipeline, saying it still needs to receive information it has requested.

  • October 6, 2017

    Trump EPA Set To Dismantle Obama's Signature Climate Regs

    The Trump administration is poised to deliver Tuesday on one of its biggest promises — repealing the Clean Power Plan — by proposing a U.S. Environmental Protection Agency rule that says the Obama-era climate change measure violates the Clean Air Act.

  • October 6, 2017

    Farmers Fight Syngenta Bid To Speed $218M Verdict Appeal

    A class of farmers asked a Kansas federal judge Thursday not to sign off on a $218 million jury verdict they won against Syngenta AG in a multidistrict litigation over genetically modified corn, saying that the global agribusiness giant had failed to show why it should be able to hurry forward its appeal of the award.

  • October 6, 2017

    Biotech Firm Can Arbitrate Patent Row At AAA, Chancery Says

    The Delaware Chancery Court on Friday ordered a Finnish renewable resources company to arbitrate its patent dispute with a Pennsylvania-based biotechnology startup before the American Arbitration Association, rejecting use of the International Chamber of Commerce despite the companies' agreeing to that venue too.

  • October 6, 2017

    Enviros Want $6M In Fees From Exxon In $20M Pollution Row

    Environmental groups told a Texas federal judge Thursday that Exxon Mobil Corp. should pay about $6 million in attorneys’ fees and costs stemming from the thousands of hours of work and years of intense, hard-fought litigation that resulted in a nearly $20 million civil penalty against the oil giant.

  • October 6, 2017

    Pipeline Co. Says Subclasses Are Too Big In Oil Spill Suit

    Plains All American Pipeline LP on Thursday urged a California federal judge not to certify an oil industry subclass and a property owner subclass in a suit over a May 2015 oil spill near Santa Barbara, saying the court was correct earlier, when it denied certification of those classes.

  • October 6, 2017

    BLM Chucks Obama-Era Mining Ban In Sage-Grouse Habitat

    The Bureau of Land Management said Thursday that the Obama-era efforts to preserve the sage-grouse by protecting 10 million acres in the West were not necessary and are being reversed, arguing that allowing mining would only have an impact on a small and insignificant portion of the bird’s habitat.

  • October 6, 2017

    Enviros Urge DC Judge Not To Toss EPA Effluent Rule Suit

    Environmentalists on Thursday asked a D.C. federal judge not to toss their suit challenging the U.S. Environmental Protection Agency's postponement of toxicity limits for power plant wastewater and also requested that they be allowed to amend their complaint.

  • October 6, 2017

    Up Next At The High Court: Alien Torts & Appellate Rules

    After the Supreme Court canceled oral arguments over Donald Trump’s travel ban due to the administration’s policy change, cases involving the Alien Tort Statute and consequential questions of appellate procedure have seized the spotlight for the week of Oct. 10. Law360 highlights what to look out for.

  • October 5, 2017

    Tribe Says Immunity Means Fishing Rights Row Must End

    The Resighini Rancheria and one of its members said Wednesday that a lawsuit alleging its members have been fishing in a portion of the Klamath River allegedly reserved for the Yurok Tribe should be dismissed, arguing in California federal court that its sovereign immunity prevented the claims from proceeding.

  • October 5, 2017

    NY Property Owners Want High Court To Review Cleanup Suit

    New York state property owners have asked the U.S. Supreme Court to review the Second Circuit’s decision not to revive their suit against a Superfund site’s former lessees and occupants for cleanup costs related to groundwater contamination.

  • October 5, 2017

    Stoel Rives Picks Up Enviro Duo From Stinson Leonard Street

    Stoel Rives LLP has welcomed an environmental duo from Stinson Leonard Street LLP to bolster its mining and land use practice in its Minneapolis office, the firm has announced.

  • October 5, 2017

    House Dems Want DOI Monument Review Info Released

    Saying the process has been far too secretive, 26 House Democrats introduced a resolution Wednesday that would direct Interior Secretary Ryan Zinke to release information on the Trump administration’s review of national monuments.

  • October 5, 2017

    Clean Energy Investors Get Reprieve From FERC Review

    The Federal Energy Regulatory Commission said Wednesday that tax equity investors in public utilities don't have to first seek authorization from the agency under Section 203 of the Federal Power Act, removing an administrative hurdle for a primary funding source for renewable energy projects.

  • October 5, 2017

    Trump Taps Faegre Baker Pro As EPA's Second-In-Command

    President Donald Trump on Thursday said he wants to fill the long-vacant No. 2 position at the U.S. Environmental Protection Agency with Faegre Baker Daniels Consulting energy and natural resources expert Andrew Wheeler.

  • October 5, 2017

    Former DOJ Atty Joins Venable’s SF Enviro Practice

    Venable LLP has added new talent to its environmental practice with the hiring of a former trial attorney who served as fracking litigation lead for the U.S. Department of Justice’s Environment & Natural Resources Division.

  • October 5, 2017

    German Auto Antitrust MDL Centralized In California

    The Judicial Panel on Multidistrict Litigation on Wednesday centralized at least 24 actions in California federal court that accuse German carmakers of colluding for decades on vehicle technology, rejecting proposals to move the litigation to Florida or New Jersey.

  • October 5, 2017

    No Quick Win For ENGlobal In Power Plant Contract Row

    A Texas federal judge declined to grant ENGlobal U.S. Inc. a quick win on its claims that Native American Services Corp. failed to fully pay it for work on a consulting and engineering contact, deciding Wednesday that initial evidence pointed toward deficient contractor performance.

Expert Analysis

  • What Does It Mean To 'Consider' Pipeline Risk Factors?

    Zachary Koslap

    The Fifth Circuit's recent ruling in ExxonMobil Pipeline Company v. U.S. Department of Transportation held that ExxonMobil was not in violation of regulations requiring it to “consider” all risk factors relevant to a certain pipeline segment. The court’s distinction between process-based and outcome-based regulations is especially useful, says Zachary Koslap of Manko Gold Katcher & Fox LLP.

  • Practicing Law In The Era Of 3rd-Party Litigation Funding

    David Silver

    The growth of third-party litigation funding has added a distinct variable to the world of civil litigation. Such funding has and will continue to change the calculus for many corporations and their defense counsel as to the tipping point between settling or pursuing a case to a court decision, says David Silver of Silver Public Relations.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • When A Firm Is 'Failing': CentraCare Vs. Energy Solutions

    Lisl Dunlop

    Very few merging firms have been successful in invoking the "failing firm" defense before the federal antitrust agencies. Two recent cases — one in health care and one in the waste disposal industry — provide insights into using the defense in practice, say Lisl Dunlop and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • 9th Circ. Deems EPA Pesticide Action Sufficient, For Now

     Patrick Paul

    Pesticide Action Network North America and public interest groups like Earthjustice have expressed disappointment with the Ninth Circuit's recent decision in PANNA v. U.S. Environmental Protection Agency. Although it is conceivable the court might agree with the merits of PANNA’s claims, it nevertheless determined them to be premature, says Patrick Paul of Snell & Wilmer LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Renewable Energy In The Age Of Trump

    Andrew Bell

    The same rhetoric from the Trump administration that mobilized coal country voters has worried renewable energy advocates. However, there are four areas where the current administration's policies could have a lasting effect on renewable energy development, say Andrew Bell and Reed McCalib of Marten Law PLLC.