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Environmental

  • August 2, 2018

    DOD Beats Enviros' Challenge To Japanese Base Relocation

    A California federal judge on Wednesday rejected for the second time environmental groups’ long-running challenge to the U.S. Department of Defense’s proposed replacement base in Okinawa, Japan, saying the DOD had adequately considered the potential effect on the endangered Okinawa dugong.

  • August 2, 2018

    Fiat, Bosch Face Uphill Fight In Axing MDL’s RICO Claims

    A California federal judge appeared unswayed Thursday by Fiat Chrysler and Bosch’s arguments that only regulators, not consumers, are entitled to relief under the Racketeer Influenced and Corrupt Organizations Act in multidistrict litigation over cheating on emissions testing, saying, “At the end of the day, they paid for a car that they didn’t get.”

  • August 2, 2018

    Auto Emissions Plan Puts Trump, Calif. On Collision Course

    The Trump administration's proposal to roll back greenhouse gas emissions standards for vehicles and yank California's authority to set its own requirements sets the stage for a vicious legal battle that experts say goes to the heart of the federal government's obligation to regulate GHGs as determined by the U.S. Supreme Court in Massachusetts v. EPA.

  • August 2, 2018

    More Tribes Want In On Small-Cell FCC Rule Challenge

    Several tribes have sought to intervene in a challenge to a Federal Communications Commission rule that allowed 5G network builders to avoid tribal consultations, adding to a coalition of Native American communities who are pursuing the challenge at the D.C. Circuit.

  • August 2, 2018

    CNA Needn't Defend Atty DQ'd From Deepwater Deal

    A CNA Financial Corp. unit doesn’t have to cover costs Andry Law Group LLC and its principal incurred defending proceedings that led to the firm being barred from participating in the court-supervised settlement program for the Deepwater Horizon oil spill, a Louisiana federal judge ruled Thursday, saying the firm faced no claims for potentially covered damages.

  • August 2, 2018

    Lien Holders May Challenge Land Use Plans, NJ Justices Say

    The New Jersey Supreme Court declared Thursday that the holder of a tax lien on a property may have standing to challenge a municipal planning board’s approval of a land use application for a neighboring parcel, resolving an issue of first impression for state courts.

  • August 2, 2018

    Covington Snags Ex-Paul Hastings Energy Pro For SF Office

    A former Paul Hastings LLP expert in energy law and regulations has made the move over to Covington & Burling LLP, which announced Wednesday that he will work as partner in its San Francisco office.

  • August 2, 2018

    GM Trims Claims From Drivers' Emissions-Cheating Suit

    A Michigan federal judge on Wednesday dismissed 14 of the 54 counts that General Motors is facing in a lawsuit over allegations that it used emissions-cheating devices in its diesel pickup trucks, finding that several state claims did not fit the allegations and others did not provide for punitive damages.

  • August 2, 2018

    Trump Admin. Targets Obama Auto Emissions Standards

    The Trump administration on Thursday said it wants to weaken Obama-era greenhouse gas emissions and fuel efficiency standards for vehicles made from 2021 to 2026 and revoke a Clean Air Act waiver that allows California to set its own GHG specifications.

  • August 2, 2018

    Lloyds Ends New Coal Plant-Funding Amid Green Fears

    Lloyds Banking Group PLC announced on Thursday that it will no longer finance new coal-fired power stations or thermal coal mines as it commits to moving to a "lower-carbon future" as concerns mount over climate change.

  • August 1, 2018

    Enviro Group Loses Bid To Revive State Pipeline Challenge

    A Pennsylvania appeals court ruled Wednesday that an environmental group was too late to challenge the PennEast pipeline project to a state board, saying that ongoing confusion over whether the appeal of the pipeline’s state permits belonged in federal or state court was no excuse.

  • August 1, 2018

    NJ Targets Cos. With Pollution Suits, Some First Since '08

    New Jersey officials on Wednesday hit Bristol-Myers Squibb Co., Hess Corp., Verizon New Jersey Inc. and other parties with a total of six lawsuits over pollution at sites across the Garden State, with three of the cases representing the first of their kind in a decade.

  • August 1, 2018

    Importer Protests Commerce's Instructions On Solar Modules

    Solar importer Sunpreme Inc. on Tuesday filed a lawsuit in the U.S. Court of International Trade contesting the U.S. Department of Commerce’s customs instructions on its solar module imports from China, arguing that the department had abused its discretion.

  • August 1, 2018

    Senate Grills EPA Chief On Auto Emissions, Renewable Fuels

    The U.S. Environmental Protection Agency’s new acting head faced off Wednesday with senators who largely focused their questions on policy matters such as renewable fuel requirements and the possible rollback of Obama-era vehicle emissions standards, a departure from recent hearings that often spotlighted former Administrator Scott Pruitt’s ethical issues.

  • August 1, 2018

    EPA Says It Doesn't Plan To Revisit 2015 Ozone Rule

    The U.S. Environmental Protection Agency said in a court filing Wednesday that it “does not intend” to revisit a 2015 rule that tightened ozone standards, answering a lingering question that had both industry and environmental groups on edge.

  • August 1, 2018

    DOI, Enviros, Tribe Ask Justices To Pass On Uranium Ban

    The federal government, environmental groups and a Native American tribe have urged the U.S. Supreme Court to not review a Ninth Circuit decision that had upheld the U.S. Department of the Interior’s moratorium on uranium mining on more than 1 million acres around Grand Canyon National Park.

  • August 1, 2018

    Construction Co. Says Deceptive Fees Tolled Class' Claims

    Tartan Construction LLC told an Illinois federal judge on Tuesday that an equipment renter’s allegedly misleading and deceptive scheme caused it to pay additional fees, claiming the statute of limitations in its putative class action did not begin simply because it knew of the fees but rather when it realized it had been wronged.

  • August 1, 2018

    4th Circ. Backs Water Permit For Mountain Valley Pipeline

    The Fourth Circuit on Wednesday affirmed a Virginia regulator’s decision to grant a crucial water quality permit for the $3.5 billion Mountain Valley Pipeline, ruling the state's review ensured that the project would not cause undue environmental harm.

  • July 31, 2018

    Fla. ALJ Says Fracking Outside Scope Of Power Plant App

    An administrative law judge on Monday recommended allowing Florida Power & Light Co. to begin building a new electrical power generation facility, saying concerns that the natural gas pipeline used to transport fuel to the facility is involved with fracking are outside the scope of a review of the company’s application for the construction.

  • July 31, 2018

    Monsanto Expert Rips Studies Linking Herbicide To Cancer

    A Harvard associate professor of epidemiology testified Tuesday in a landmark California state jury trial over claims Monsanto's herbicides gave a school groundskeeper lymphoma that multiple epidemiological studies over the past two decades show no causal link between the herbicides' active ingredient and cancer, and that statistics showing links are biased.

Expert Analysis

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • BSEE Listened To Industry In Well Control Rule Revisions

    James Vines

    The U.S. Bureau of Safety and Environmental Enforcement issued its 2016 well control rule in the wake of the Deepwater Horizon disaster. The revisions it proposed last month respond to complaints that the rule failed to account for best available, economically feasible safety technologies, and set out requirements that were neutral in benefit but rendered some wells uneconomical, say attorneys with King & Spalding LLP.

  • Merger Or Acquisition? Beware The Wrong Description

    Jillian Thornton Flax

    The acquisition of other companies with complementary manufacturing practices or products is commonplace today. But the Eighth Circuit's April ruling in Kirk v. Schaeffler Group USA highlights the fact that an acquiring company must ensure its deals are properly represented in any public matter, given the possible consequences for future product liability litigation, says Jillian Thornton Flax is a member of Cozen O'Connor.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • Culverts Win May Indicate A New Era For Tribal Treaty Rights

    J. Nathanael Watson

    The U.S. Supreme Court's decision in Washington v. United States this month could have broad implications for a variety of development, construction and farming practices throughout the Northwest. The door has clearly been opened for the state of Washington, and other parties, to pursue negotiation and settlement whenever existing structures impact tribal treaty rights, says J. Nathanael Watson of Stoel Rives LLP.

  • What New FWS Take Guidance Means For Permit Applicants

    Wayne Whitlock

    New guidance from the U.S. Fish and Wildlife Service clarifies when habitat modification triggers an incidental take permit, who decides whether a permit is needed and who takes the risk, creating significant implications for private project proponents considering whether to seek an incidental take permit and prepare a habitat conservation plan, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Growing Opportunities In NY’s Energy Storage Industry

    Danielle Mettler-LaFeir

    To meet the ambitious energy and environmental goals of New York’s Reforming the Energy Vision program, the state is putting in place policies to increase the use of energy storage — sending out a strong signal to the growing energy storage industry to invest in New York, says Danielle Mettler-LaFeir of Barclay Damon LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.