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Environmental

  • January 7, 2019

    US Seeks First Consult With Peru Under Pact's Logging Rules

    The Trump administration has taken aim at Peru over its recent decision to move an independent agency that oversees illegal logging in Peru into its environmental ministry, the first action taken under the nations’ bilateral trade deal.

  • January 4, 2019

    6th Circ. Keeps Flint Water Suit Alive, Cutting Some Claims

    The Sixth Circuit on Friday refused to toss a suit alleging Michigan state officials and the city of Flint violated the bodily integrity of residents by exposing them to contaminated water, although it nixed certain claims against other officials.

  • January 4, 2019

    States Slam EPA's Move To Delay Landfill Emission Rules

    A coalition of states led by California submitted comments opposing a move by the U.S. Environmental Protection Agency to delay the implementation of regulations aimed at reducing emissions from landfills, saying the delay would only make environmental problems worse.

  • January 4, 2019

    DOD Must Cough Up Legal Doc In Stormwater Fee Dispute

    The U.S. Department of Defense must hand over an internal legal memo to Wilmington, Delaware, in a dispute over stormwater service charges, a Court of Federal Claims judge ruled, finding the document is not protected by attorney-client privilege and is relevant to the dispute.

  • January 4, 2019

    Monsanto Says Consumers' Weedkiller Warning Claims Barred

    Monsanto Co. on Thursday told the California federal judge overseeing multidistrict litigation over its weedkiller Roundup that consumers' claims in three bellwether cases that the company failed to warn the herbicide caused cancer are preempted by federal insecticide law.

  • January 4, 2019

    Dickinson Wright Adds Enviro Pros From Ryley Carlock

    Dickinson Wright PLLC has nabbed two Ryley Carlock & Applewhite attorneys in Phoenix, bolstering its environmental practice with their experience helping clients in industries such as energy, infrastructure and mining, and tackling everything from land acquisition efforts to tribal water rights issues.

  • January 4, 2019

    BakerHostetler Says Judge Can Hear Case Despite Son's Job

    BakerHostetler said that a job offer it has extended to the son of a Pennsylvania federal judge presiding over its defense of a steel business in an environmental contamination row with a neighbor does not require the judge to recuse himself from the case.

  • January 4, 2019

    Ex-Prosecutor Joins Pa. DA's Sunoco Pipeline Investigation

    The Chester County District Attorney’s Office has retained a former assistant U.S. attorney with experience in environmental crimes to act as its special prosecutor in the investigation of Sunoco LP’s troubled Mariner East pipeline projects, the office announced Friday.

  • January 4, 2019

    Inconsistent Claims Again Sink NJ Gas Station Pollution Suit

    A New Jersey appeals court on Friday handed a win to former owner-operators of a polluted gas station who called out the current owners' inconsistent accusations in a decision that clarified the defenses available to those sued under the state's environmental contamination cleanup law.

  • January 4, 2019

    EPA Withheld Docs In Sewage Rule Row, DC Circ. Hears

    A coalition of industrial and municipal entities has asked the D.C. Circuit to revive its challenge to the U.S. Environmental Protection Agency’s decision to limit the impact of an Eighth Circuit decision blocking changes to sewage treatment rules, saying the EPA improperly withheld evidence.

  • January 4, 2019

    Bankrupt Construction Co.'s Bid To Recoup $108M Bills OK'd

    New York-based construction company Durr Mechanical Construction Inc. received court permission Thursday to pursue about $108.2 million in claims against project owners and an equipment maker as part of the company’s effort to recoup over $122 million in unpaid bills that led it to file for bankruptcy last month.

  • January 4, 2019

    Chevron To Settle Gas Additive Damages Suit For $11M

    Chevron USA and Union Oil Co. of California said they reached a settlement with a California water district prior to a Phase 1 trial scheduled to start this month, agreeing to pay $11 million to end claims over alleged drinking water contamination from gasoline releases.

  • January 3, 2019

    Syncrude To Pay CA$2.75M For Great Blue Heron Deaths

    Alberta-based oil sand mine operator Syncrude Canada Ltd. will pay CA$2.75 million ($2.04 million) to provincial and federal authorities after pleading guilty to violating the Migratory Birds Convention Act in the wake of the deaths of 31 great blue herons at one of its mine sites.

  • January 3, 2019

    Wind Farm Exec Can't Ditch Suit Over Secret Recording

    A California appeals court on Thursday rejected a bid by a wind farm executive to toss a suit against him for allegedly secretly recording a business associate, deciding that the action was not part of a protected judicial activity that might block the claims.

  • January 3, 2019

    US Asks High Court To Take Up Key CWA Groundwater Case

    The U.S. Solicitor General's Office encouraged the nation's highest court Thursday to review a case that could determine whether or not facilities that pollute certain waterways via groundwater must be permitted under the Clean Water Act.

  • January 3, 2019

    Insurer Needn't Cover Fracking Well Fire Suits, Judge Says

    A North Dakota federal judge ruled Thursday that Great West Casualty Co. has no duty to defend or indemnify an Exxon Mobil Corp. unit or two contractors against lawsuits filed by a pair of workers who were injured in a fire near a fracking well, finding that a policy exclusion for injuries stemming from fracking operations clearly bars coverage.

  • January 3, 2019

    Enviros Insist DOI Royalty Panel Fight Is Valid

    The Western Organization of Resource Councils has urged a Montana federal court to preserve its suit challenging a U.S. Department of the Interior committee that advises on federal mineral royalty policies, saying the government's dismissal bid wrongly argues that the court can't review claims the panel is too industry-heavy.

  • January 3, 2019

    Senate Confirms CEQ Boss, EPA Chemical And Tribal Heads

    The U.S. Senate on Wednesday and Thursday confirmed President Donald Trump’s picks to lead the White House Council on Environmental Quality and the U.S. Environmental Protection Agency’s offices for toxic substances and tribal affairs.

  • January 3, 2019

    Oil Recycling Co. Must Face Suit Over Highway Spill

    A Texas appeals court has revived a woman’s claim that chemicals leaking from a passing truck onto the hood of her car caused a host of medical problems for her and her children, overturning a previous summary judgment ruling in favor of an oil recycling company.

  • January 3, 2019

    Ag Co. Can't Duck Decision Calling Products 'Pesticides'

    A California appeals court has affirmed a decision by the state’s Department of Pesticide Regulation finding that three Caltec AG Inc. products should have been classified as pesticides, upholding a $784,000 fine against the company.

Expert Analysis

  • Will High Court Resurrect The Nondelegation Doctrine?

    William Araiza

    Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • High Court's Frog Decision May Limit ESA Determinations

    Paul Weiland

    Two holdings from the U.S. Supreme Court's opinion in Weyerhaeuser v. U.S. Fish and Wildlife Service Tuesday are likely to limit the service’s interpretation of its authorities and provide the regulated community with the ability to challenge critical habitat designations under the Endangered Species Act, say Paul Weiland and Svend Brandt-Erichsen of Nossaman LLP.

  • Property Insurance Considerations For Green Energy Storage

    Jeffrey Weinstein

    While battery storage for renewable power sources is pushing the boundaries of new technology, an overarching issue the property insurance industry must face is what happens if it fails or malfunctions, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Greengrass LLP.

  • Examining A Post-Wildfire Securities Suit

    Kevin LaCroix

    A securities class action complaint against utility company Edison following the recent massive wildfires in California is the latest example of event-driven securities litigation, a phenomenon that represents a significant problem for directors and officers insurance underwriters, says Kevin LaCroix of RT ProExec.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Prop 65 Compliance Gets More Complicated

    Anne Marie Ellis

    Recent amendments to California's Proposition 65 changed the nature and content of chemical exposure warnings required for many products, substances and locations. Meanwhile, the plaintiffs bar is stepping up its attempts to target Prop 65 violators, says Anne Marie Ellis of Buchalter PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.