Democratic attorneys general from eight states sued the U.S. Department of the Interior in New York federal court seeking to undo its decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, joining environmental groups that have already challenged the policy about-face.
A Virginia federal judge on Wednesday tossed claims of fraud made against Terry McAuliffe, former head of the Democratic National Committee, by a group of Chinese investors, finding that the investors had not provided enough detail in their allegations saying they were swindled out of green cards.
Canada-based Grasshopper Solar Corp., a global developer and manager of solar assets, said on Thursday that it has invested $80 million in Japanese civil engineering and construction firm Setouchi Koken's Iizuka Solar Plant located in Fukuoka, Japan.
The Pennsylvania Department of Transportation will pay a $100,000 fine, roll out stricter controls over construction site runoff and build stormwater reduction projects as part of a settlement with the U.S. Environmental Protection Agency announced on Wednesday.
Greenpeace Inc. and related entities asked a North Dakota federal judge to throw out a lawsuit alleging they were responsible for impeding work on the controversial Dakota Access pipeline, saying the accusations in the complaint are not specific enough and serve only to chill the speech of pipeline opponents.
Drivers fired back Tuesday at Bosch and General Motors' joint bid to slash an amended proposed class action alleging the companies schemed to install emissions-cheating devices on Chevrolet Cruze diesel cars, saying they have ample evidence backing their Racketeer Influenced and Corrupt Organizations Act claims.
A Kinder Morgan Energy Partners LP subsidiary has asked the U.S. Supreme Court to review the Fourth Circuit’s ruling that the Clean Water Act prohibits pollution to groundwater that’s connected to other waterways, arguing states — not the federal government — have the authority to regulate such discharges.
A coalition of environmental groups and tribal officials told the D.C. Circuit that the Federal Energy Regulatory Commission got it wrong when it approved a certificate that greenlighted the $3.5 billion Mountain Valley Pipeline, arguing the commission overstated the need for the project and understated its harms.
A subsidiary of energy company Invenergy LLC launched a complaint Tuesday in the U.S. Court of Federal Claims, alleging the U.S. Department of the Treasury withheld more than $500,000 in grant money related to the construction and operation of a $70 million solar facility in Illinois.
A coalition of local governments including those of New York, Chicago and Los Angeles has asked the D.C. Circuit for permission to participate in a challenge led by California to the U.S. Environmental Protection Agency's bid to revisit certain Obama-era greenhouse gas emission standards for cars and light trucks.
Environmental groups asked a South Carolina federal judge to reject the federal government’s request that he delay the effect of his ruling that cleared the way for implementation of Obama-era water regulations.
The Third Circuit on Tuesday declined to review Pennsylvania’s preliminary approval of a Williams Partners LP division’s Atlantic Sunrise pipeline project, asserting the court’s right to hear federal pipeline appeals and ruling that the Delaware Riverkeeper Network, Sierra Club and others had failed to make a case for appealing the state’s decision.
New Mexico, Utah and the Navajo Nation have blasted the U.S. Environmental Protection Agency's efforts to shake their claims stemming from the 2015 Gold King Mine spill, accusing the agency of trying to ditch liability for the contaminated water release despite promising to take full responsibility.
A U.S. Department of the Interior environmental restoration program that’s intended to provide a way for polluters at Superfund sites to clean up their messes is being targeted for revisions that could make it easier to use, a move welcomed by industry attorneys who say the program has been plagued by inefficiencies.
Clean Power Plan supporters urged the D.C. Circuit on Tuesday to finally decide the merits of the rule, arguing that the Trump administration doesn't deserve any more time to craft a potential replacement, especially since what's been proposed by the U.S. Environmental Protection Agency is weaker than the CPP itself.
A report released Tuesday by the U.S. Environmental Protection Agency's Office of Inspector General said protective security costs more than doubled for 11 months under former Administrator Scott Pruitt, adding that his 24/7 security was "an inefficient use of agency resources."
Massachusetts' highest court ruled Tuesday that electricity companies operating in the state are subject to caps on greenhouse gas emissions, hastening state policy goals on global warming for a second time since they were enacted a decade ago.
The Second Circuit on Thursday refused to reconsider its decision barring a Nigerian activist’s widow from obtaining Royal Dutch Shell discovery documents from a U.S. case, held by Cravath Swaine & Moore LLP, for litigation she is pursuing against the oil and gas giant in the Netherlands.
The Dakota Access Pipeline will have no significant impact on the environment, the U.S. Army Corps of Engineers told a D.C. federal judge Friday, in a court-ordered review spurred by Native American tribes’ legal challenges it its decision to approve the project.
President Donald Trump on Friday tapped the U.S. Environmental Protection Agency's regional administrator for New England to lead the agency's chemical safety office, taking another shot at filling the post after his previous nominee's candidacy ran aground amid Senate opposition over his industry ties.
The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.
Whether a product is legally considered a “pesticide” depends as much on the label as on the chemicals it contains. Retailers and manufacturers face significant liability for selling products that would not, in fact, be pesticides if not for careless labeling. And the problem only increases as e-retailing grows, say Jesse Medlong and George Gigounas of DLA Piper.
Earlier this year the Trump administration suspended the Clean Water Rule while considering how to rescind or revise it. This action was immediately challenged in New York federal court, presenting some interesting questions about when and how an agency can suspend a regulation that has already taken effect, says Steven Gordon of Holland & Knight LLP.
The Tax Cuts and Jobs Act has made it more difficult for companies facing environmental enforcement to deduct payments to the government by requiring that settlement agreements and court orders contain specific language. Though the IRS has yet to explain just how parties are to comply, guidance can be found in the rule-making process and recent case law, say attorneys at Crowell & Moring LLP.
While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.
In Burdick v. Tonoga, a New York state trial court recently certified what appears to be the first medical monitoring class defined by the level of a particular chemical measured in class members’ blood serum, signaling a potential revival of interest in medical monitoring class actions, say attorneys with Steptoe & Johnson LLP.
Last week, in Martin v. Behr Dayton Thermal Products, the Sixth Circuit affirmed an Ohio federal court’s certification of a so-called “issue class” under Federal Rule of Civil Procedure 23(c)(4). The ruling may serve as persuasive authority for future toxic tort plaintiffs who seek to certify a class without establishing a defendant’s liability to any individual class member with common proof, say attorneys with King & Spalding LLP.
Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.
Genetic data and techniques are becoming ever more powerful tools for explaining when and how diseases arise. They can also have very strong evidentiary value, and in some toxic tort cases, genetic findings can provide conclusive answers for a judge or jury, say Kirk Hartley and David Schwartz of ToxicoGenomica.
On July 6, the D.C. Circuit torpedoed a hydroelectric license renewal issued in 2013 because the Federal Energy Regulatory Commission and the U.S. Fish and Wildlife Service did not consider environmental damage already caused by the project. In doing so, the court rejected FERC’s long-standing practice of using existing conditions and operations as an environmental baseline, say attorneys at Davis Wright Tremaine LLP.