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  • June 11, 2018

    Rakoff Clarifies $130M Ruling In Olin Insurance Dispute

    A New York federal court has delivered a mixed bag in clarifying an earlier order that directed Lamorak Insurance Co. to pay chemical maker Olin Corp. $130 million to cover cleanup costs at five contaminated sites, refusing both Olin's bid to certify it as final and Lamorak's stay request.

  • June 11, 2018

    DOI Solicitor Pulls Back Ruling On ND Tribal Mineral Rights

    The office of the U.S. Department of the Interior’s solicitor said Friday that it was temporarily taking back and suspending part of an Obama-era ruling by the same office that backed the Mandan, Hidatsa & Arikara Nation’s claims against the state of North Dakota to certain mineral rights on the tribe’s reservation.

  • June 11, 2018

    Pruitt Adviser Resigns To Take Okla. Workers' Comp GC Job

    A senior legal counsel to U.S. Environmental Protection Agency Administrator Scott Pruitt is leaving her job to return to Oklahoma and serve as general counsel for the Oklahoma Workers’ Compensation Commission.

  • June 11, 2018

    NYC Housing Agency OKs $1.2B Reform Amid Health Issues

    The New York City Housing Authority agreed to an oversight program and committed well over $1.2 billion in funds to reform itself after failing to comply with numerous health and safety regulations and attempting to evade detection by federal inspectors, the U.S. Department of Justice said Monday.

  • June 11, 2018

    Ga., 10 Others Win Injunction Over Clean Water Act Rule

    Georgia and 10 other states won a preliminary injunction in Georgia federal court Friday barring the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers from implementing the highly contested Waters of the United States rule, which they allege is overly broad.

  • June 11, 2018

    High Court Won't Review FWS Plan To Kill 1,600 Owls

    The U.S. Supreme Court on Monday rejected conservation groups’ request to review the Ninth Circuit’s decision to uphold a U.S. Fish and Wildlife Service permit to kill 1,600 barred owls in an experiment to revive the population of northern spotted owls.

  • June 11, 2018

    Army Corps Says Dakota Access Decision Ready By Aug. 10

    The U.S. Army Corps of Engineers on Friday told a Washington, D.C., federal judge that by Aug. 10 it expects to complete its review and make a decision on issues that were remanded to it in legal challenges from Native American tribes over the Dakota Access Pipeline.

  • June 11, 2018

    Cyberscammer Duped Mass. Clean Energy Center, Audit Finds

    Not only did a cyberscammer trick a Massachusetts clean energy agency into wiring public funds, but the agency also botched the reporting of the crime to its board of directors and to authorities, according to a state audit released Monday.

  • June 11, 2018

    High Court Tie Leaves Wash. Tribes' Culverts Win Intact

    The U.S. Supreme Court deadlocked Monday in a battle over whether the state of Washington must foot the bill to replace hundreds of culverts to help salmon and protect tribal fishing, leaving in place a Ninth Circuit ruling that could cost the state billions of dollars.   

  • June 11, 2018

    Legal & General To Punish Firms Ignoring Climate Risk

    Legal & General Investment Management said Monday it will dump companies that fail to tackle climate change risks by selling their shares and voting to remove their chief executives, as it steps up a campaign to meet the demands of the Paris climate accord.

  • June 8, 2018

    5th Circ. Won't Budge From Exxon Radiation Exposure Ruling

    ​The Fifth Circuit refused Thursday to revisit its decision keeping in federal court a long-running case against major oil companies brought by a group of plaintiffs that includes workers who cleaned oil well tubes contaminated with radioactive, allegedly cancer-causing dust. 

  • June 8, 2018

    4 Trends Enviro-Focused Deal Attys Should Be Aware Of

    Environmental concerns are always an important part of transactions — from mergers to real estate deals — and lawyers tasked with environmental due diligence have seen big changes in their practice area over the past few years. Here, experts discuss four trends attorneys that do environmental reviews for transactions ought to have on their radar.

  • June 8, 2018

    Six Congressional Democrats Ask FBI To Investigate Pruitt

    Six congressional Democrats on Friday sent a letter to the Federal Bureau of Investigation asking it to look into whether U.S. Environmental Protection Agency head Scott Pruitt used his position to benefit himself, referencing recent accusations saying he assisted his wife's business ambitions.

  • June 8, 2018

    Pa. Ruling May Set Higher Zoning Hurdle For Drillers

    A recent Pennsylvania Supreme Court ruling rejecting a municipality’s decision to greenlight hydraulic fracturing in a largely residential and agricultural neighborhood may force drillers to work a little harder to clearly show that their projects fall within the range of accepted land uses in different zoning districts.

  • June 8, 2018

    House OKs Energy Department, Military Construction Funds

    The U.S. House of Representatives took its first step Friday toward funding the government next year, passing spending bills for energy and water projects, Congress itself, military construction and the U.S. Department of Veterans Affairs.

  • June 8, 2018

    Real Estate Rumors: NYC Holiday Inn, NES, Florida Power

    A Holiday Inn in Long Island City, Queens, could fetch as much as $40.8 million in a sale, NES Financial has reportedly bought a Miami warehouse for $5.25 million, and Florida Power & Light is said to have paid $19.3 million for 1,287 acres of land in Palm Beach County.

  • June 8, 2018

    JV Settles FCA Suit Over Nuclear Waste Site Cleanup Contract

    A joint venture of several engineering giants reached a settlement Thursday to end a long-running False Claims Act suit accusing it of using shell companies to fulfill small-business subcontracting requirements for a multibillion-dollar nuclear waste cleanup project at the Hanford Site in Washington state.

  • June 8, 2018

    DC Circ. Upholds EPA Rule Limiting Federal Court Decisions

    The D.C. Circuit on Friday rejected a coalition of industry groups' challenge to a U.S. Environmental Protection Agency rule that allows the agency to deviate from its national policy and implement Clean Air Act regulations differently in one part of the country if a federal court there disagrees with the EPA's approach.

  • June 7, 2018

    Energy Group Wants Enviros' Effluent Rule Delay Suit Tossed

    An energy industry group urged an Arizona federal court on Wednesday to toss a lawsuit in which the Center for Biological Diversity challenged the U.S. Environmental Protection Agency’s delay in implementing the first federal limits on toxic metals like mercury, lead and selenium in wastewater that could be discharged from coal-fired power plants.

  • June 7, 2018

    Free Market Groups Denied Access To Schneiderman's Emails

    A New York appeals court on Thursday upheld a lower court ruling rejecting a bid by free market groups to access emails they claim would show former Attorney General Eric Schneiderman coordinating with climate change activists, as well as give the groups access to Schneiderman’s personal email and text message accounts.

Expert Analysis

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • A Closer Look At EPA's Proposed Coal Ash Rule

    Steven Burns

    What exactly did the U.S. Environmental Protection Agency suggest in its recently introduced coal combustion residuals remand rule? Steven Burns of Balch & Bingham LLP reviews what the rule actually proposes and where those proposals come from.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Is A FERC Pipeline Policy Reset Coming?

    Cynthia Taub

    The Federal Energy Regulatory Commission recently initiated a review of its 1999 certificate policy statement, which many landowners, environmentalists and others have argued excessively favors approval of natural gas infrastructure. However, a review does not necessarily signal a preference by the commission to change its existing policy, say attorneys with Steptoe & Johnson LLP.

  • Time To Express Interest In Federal Water Infrastructure Loans

    Alison Torbitt

    The U.S. Environmental Protection Agency recently issued its notice of funding availability for 2018 projects under the Water Infrastructure Finance and Innovation Act. Attorneys with Nixon Peabody LLP discuss the types of projects most likely to get funded and steps to increase the likelihood of selection.

  • Momentum Builds For US Offshore Wind Energy

    Raya Treiser

    The first quarter of 2018 has left little doubt that the momentum for U.S. offshore wind projects is increasing. The combination of federal and state policy support, and the Trump administration's commitment to streamlined federal permitting, presents an important opportunity for offshore wind developers, say members of WilmerHale.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.