Environmental

  • February 8, 2018

    ND Asks 10th Circ. To Keep Fracking Rule Rejection In Place

    North Dakota said on Wednesday that new developments support its argument that the Tenth Circuit should keep in place a lower court’s determination that the government did not have the power to apply an Obama-era fracking rule to tribal and federal land.

  • February 8, 2018

    Tribe, Enviros Give Up Suit Over Klamath Logging Project

    A California federal judge on Thursday signed off on a request from the Karuk Tribe and several environmental groups to have their own case challenging a logging project in the Klamath National Forest tossed.

  • February 8, 2018

    Hydropower Land Transfer, Transparency Bills Pass House

    The House of Representatives has passed a pair of bills to transfer some land from a federal hydroelectric project to Alaska and to mandate more financial transparency from the Western Area Power Administration.

  • February 8, 2018

    Corps Unresponsive In Dakota Access Permit Fight: Tribe

    The U.S. Army Corps of Engineers has not been responsive to the Cheyenne River Sioux Tribe’s request for information and efforts to participate in an additional review of the Dakota Access Pipeline ordered by a D.C. federal judge, the tribe said Wednesday.

  • February 8, 2018

    Pa. Slams Sunoco With $12.6M Fine Over Pipeline Project

    Pennsylvania environmental regulators slapped a Sunoco Inc. unit with a $12.6 million fine on Thursday to resolve a string of violations associated with construction of the Mariner East 2 pipeline and to allow the project to move forward with additional compliance measures.

  • February 8, 2018

    Canadian Solar Cos. Wage CIT Battle Against New Tariffs

    A throng of Canadian solar energy companies sued the Trump administration in the U.S. Court of International Trade on Wednesday, alleging that the government improperly placed safeguard tariffs on its exports of solar panel components.

  • February 7, 2018

    Sierra Club Challenges Power Rate Hike In Fla. High Court

    The Sierra Club faced considerable skepticism Wednesday in the Florida Supreme Court as it argued that the state utility regulator granted approval for Florida Power & Light to transfer to its customers nearly $800 million in construction costs for a power plant replacement project without proper review.

  • February 7, 2018

    Solar Co. Asks To Take Panels In $20M Chinese Contract Row

    A U.S. solar construction company asked a California federal court Tuesday for emergency powers to seize $1.6 million worth of modules locked up in an Oakland warehouse, explaining that they are in the hands of a California company and its Chinese owner that have failed to deliver millions of dollars worth of prepurchased equipment.

  • February 7, 2018

    Activist Gets Year In Jail For Pipeline Valve Shut-Off

    A North Dakota state judge sentenced an environmental activist to a year behind bars Tuesday for shutting off an emergency valve on TransCanada’s Keystone 1 pipeline in a climate change protest, according to the group Climate Direct Action.

  • February 7, 2018

    Pa. Appeals Court Urged To Ax Sunoco Pipeline Challenge

    An attorney for Sunoco Inc. urged a Pennsylvania appeals court during oral arguments Wednesday to throw out a “bizarre” lawsuit from an environmental group challenging the company’s ability to use eminent domain to seize land for its controversial Mariner East pipeline.

  • February 7, 2018

    Bankrupt Solar Panel Installer Hit With WARN Suit

    A pair of ex-employees of bankrupt solar panel installer Level Solar Inc. on Wednesday took their claims that the company laid off them and hundreds of other workers without notice to New York bankruptcy court, filing an adversary claim alleging the company broke state labor law.

  • February 7, 2018

    EPA Has 60 Days To Respond To Conn. Pollution Petition

    A Connecticut federal judge on Wednesday gave the U.S. Environmental Protection Agency 60 days to remedy its failure to act on the state’s petition asking the agency to stop pollution from a Pennsylvania coal-fired power plant from blowing in the state’s direction.

  • February 7, 2018

    FirstEnergy Abandons Coal Plant Sale After FERC Rejection

    FirstEnergy has told a West Virginia regulator it would not move forward with plans for its merchant power unit to sell a coal-fired power plant to one of the company’s utilities, saying that in the wake of regulatory setbacks the $195 million deal was no longer worth pursuing.

  • February 7, 2018

    Fed Circ. Questions Army Corps’ Katrina Liability

    A Federal Circuit panel on Wednesday repeatedly challenged a Louisiana Parish and local landowners to explain in oral arguments how decades-old actions by the U.S. Army Corps of Engineers create liability for the government for potentially billions of dollars’ worth of flooding damage from Hurricane Katrina.

  • February 7, 2018

    States Urge 11th Circ. To Quickly Remand Water Rule Case

    Ten states on Tuesday asked the Eleventh Circuit to hurry up and transfer a legal challenge to the U.S. Environmental Protection Agency’s Clean Water Rule to federal district court so they can get a faster decision on their bid to halt the rule’s implementation.

  • February 7, 2018

    NRG Scores $2.8B From Renewable Unit, Energy Plant Sales

    NRG Energy Inc. on Wednesday said it will sell its renewables business and a handful of Southern energy assets in a pair of deals worth around $2.8 billion as part of a plan implemented last year to cut costs and create better shareholder value.

  • February 7, 2018

    Senate Panel Again Advances Trump's EPA Deputy Pick

    The U.S. Senate Committee on the Environment and Public Works on Wednesday again advanced President Donald Trump's pick for the U.S. Environmental Protection Agency's second-in-command post on a strict party-line vote, with Democrats grounding their opposition in the nominee's background as a coal industry lobbyist.

  • February 6, 2018

    NY Joins States Suing EPA Over Clean Water Rule Delay

    New York and several other states on Tuesday filed suit in New York federal court against the U.S. Environmental Protection Agency, accusing it of failing to consider the full consequences or receive the necessary public input before suspending an Obama-era rule defining the Clean Water Act’s reach.

  • February 6, 2018

    Chubb Needn't Fill Cleanup Coverage Gaps, NY Justices Hear

    A Chubb insurer told New York's highest court on Tuesday it shouldn't be required to pay a National Grid PLC unit's costs to clean up contamination at manufactured gas plants attributed to years when no pollution liability insurance was available in the marketplace, saying a ruling to the contrary would violate the clear terms of its policies.

  • February 6, 2018

    NJ Rejects PennEast's Right-Of-Way Bid For Pipeline

    New Jersey has told PennEast that it won’t sign off on a proposed right-of-way needed for the company to construct its controversial gas pipeline that would run through Pennsylvania and the Garden State.

Expert Analysis

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • 3 Takeaways Squeezed Out Of Juicer's Insurance Battle

    Walter Andrews

    Last month, a Washington district court rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice maker Tree Top Inc. Companies dealing with toxic or environmental claims can distill at least three important lessons from this case, say attorneys with Hunton & Williams LLP.

  • Getting Creative With Approaches To Removal

    Gregg Weiner

    When a lawsuit filed in state court is removed to federal court, it is usually either because the suit alleges a claim under federal law, or because the parties are residents of different states. But sometimes actions can be removed that do not clearly fit either of these grounds, say Gregg Weiner and Andrew Todres of Ropes & Gray LLP.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • 5th Circ. Broadens Oil Pollution Act Liability

    Christopher Hannan

    In U.S. v. American Commercial Lines, the Fifth Circuit offered only narrow limitations to liability under the Oil Pollution Act. Based on this recent ruling, full liability may be triggered by any act or omission that occurs as a result of a contractual relationship, say Christopher Hannan and Kat Statman of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Roundup

    My Strangest Day In Court

    Logo

    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • Catching Our Balance: Opportunities For ESA Reform

    Kerry McGrath

    When Congress enacted the Endangered Species Act, it emphasized the need to strike the proper balance between protecting species and allowing productive human activities. Now, the Trump administration has the opportunity — and seemingly, the appetite — to do more to refine the ESA program, says Kerry McGrath of Hunton & Williams LLP.

  • Ohio's New Practical Approach To Waste Management

    David Edelstein

    Ohio will soon join Texas and New Jersey as the only states to regulate “paint and paint-related waste” as universal waste under the Resource Conservation and Recovery Act. The move is a positive change for Ohio industries from both an economic and “practicality of handling waste” perspective, says David Edelstein of Vorys Sater Seymour and Pease LLP.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.