A D.C. federal judge on Tuesday dismissed a suit brought by two dozen Texans whose homes were damaged in a series of severe storms in 2015 and 2016 that alleged the Federal Emergency Management Agency has inadequate rules for housing assistance.
A Second Circuit panel on Tuesday rejected requests from Shell Oil Co. and BP Products North America to revisit its decision to revive the Orange County Water District’s claims that oil companies had endangered its water supply by leaking the gasoline additive methyl tertiary-butyl ether.
A Tennessee magistrate judge on Tuesday recommended partial certification of a group of residents alleging railroad operator CSX and a railway equipment company caused a train car carrying hazardous substances including acrylonitrile to derail, purportedly putting the community at risk of exposure to a potential carcinogen.
The Republic of South Africa told a New York federal judge Wednesday that the true value of the damage notorious rock lobster poacher Arnold M. Bengis did to the country's fisheries is $100 million and asked for a revised forfeiture order to reflect that amount.
Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.
The Trump administration is violating federal environmental laws by plowing ahead with prototype projects for a wall on the nation’s southern border without first evaluating the potential impact on the environment, including on endangered creatures such as the Quino checkerspot butterfly, an environmental group has alleged.
Environmental and tribal citizen groups hit the U.S. Bureau of Land Management with a complaint Monday in California federal court, alleging the agency's decision to delay an Obama-era regulation to reduce methane waste on public land is illegal and will cost states, tribes and local governments millions in lost revenue.
A Texas appellate court on Tuesday said the Texas Commission on Environmental Quality and a lower court erred by denying a property tax exemption for eight power plants based on their pollution control equipment.
The Northern Arapaho Tribe and the Eastern Shoshone Tribe each urged the Tenth Circuit on Monday to reconsider its February ruling that the boundaries of the tribes' shared Wyoming reservation had been diminished, with both arguing that the ruling conflicts with U.S. Supreme Court precedent and violates tribal sovereignty.
California Gov. Jerry Brown and state lawmakers announced plans Monday to extend the state’s cap-and-trade program by 10 years, through 2030, after an initial 2020 sunset date, with provisions that will require pollution monitoring in particularly polluted neighborhoods.
A California federal judge on Tuesday denied the Federal Trade Commission’s pending motion seeking additional testimony into claims that Volkswagen AG’s U.S. unit intentionally destroyed documents after its diesel emissions cheating scandal made headlines, a procedural move in light of the FTC’s settlements with the German automaker.
The U.S. Environmental Protection Agency on Tuesday said it wants to withdraw a proposal to block a massive open-pit mine in Alaska near the world’s largest sockeye salmon fishery, fulfilling one of its obligations under a settlement reached earlier this year with the project developer.
The National Highway Traffic Safety Administration is indefinitely delaying the institution of higher maximum penalties for automakers who don’t meet fuel efficiency standards as the agency seeks further comment on the proposed change, according to two notices released Tuesday.
Illinois power producers and the state government sparred Monday over the significance of a Second Circuit ruling on Connecticut's renewable energy incentive program to their own federal court fight over nuclear power plant subsidizes.
A First Circuit panel on Monday affirmed a lower court’s ruling that a challenge to the approval of an offshore wind farm by a Rhode Island business group was brought too late and so was time-barred under state law.
A Pennsylvania federal judge was urged during a hearing Tuesday to throw out charges over an alleged green energy scam after government investigators accessed a privileged memo that a defendant in the case sent to a Morgan Lewis & Bockius LLP attorney.
New York utility regulators Monday pushed for the dismissal of a challenge to a state plan to subsidize struggling nuclear power plants, contending that a Second Circuit decision from June upholding a Connecticut program for soliciting renewable energy projects shows the New York plan doesn’t run afoul of federal law.
The Renco Group Inc. on Friday removed from Missouri state court a lawsuit over alleged lead poisoning suffered by Peruvian children who lived near an affiliate's metallurgical complex in the Andean highlands, arguing their suit falls under federal jurisdiction because it relates to new arbitration the company has initiated against Peru.
Troutman Sanders LLP added a three-person environmental and business litigation team from Lathrop & Gage LLP to its Chicago office, the firm announced Monday.
Experienced mediator Kenneth Feinberg will be charged with brokering a deal in multidistrict litigation over whether certain diesel engines in Fiat Chrysler Automobiles NV vehicles emitted excessive pollutants, after a California federal judge announced his intent to name Feinberg settlement master.
Based on the political orientation of the current administration, President Donald Trump’s Occupational Safety and Health Administration is unlikely to move any significant regulatory initiatives forward. But if a major catastrophe were to spur bipartisan demands for regulatory action, there are three problem areas to consider, says Jordan Barab, former deputy assistant secretary of labor for OSHA.
In the “I pick, you pick, they pick” arbitration system, each party selects its own arbitrator, and those two arbitrators select a third. But the Texas Supreme Court's recent decision in Forest Oil v. El Rucio Land and Cattle demonstrates how this method can heighten rather than minimize the chance of an arbitral mistake, say Angela Zambrano and Robert Velevis of Sidley Austin LLP.
In 2017, New Jersey has already witnessed three important decisions in the law of insurance coverage for hazardous waste site cleanup, each of which enhances policyholders' ability to obtain coverage for long-tail claims, say Robert Chesler of Anderson Kill PC and Robin Keliher of Willis Towers Watson PC.
While the Superior Court of New Jersey's decision in Pollitt Drive LLC v. Engel does not establish any precedent, it is in keeping with a line of cases holding, somewhat surprisingly, that plaintiffs must retain the physical evidence from environmental remediations, says Mitchell Klein of Snell & Wilmer LLP.
The Trump administration's withdrawal from the Paris climate accord has not deterred a number of U.S. states, municipalities and technology companies from their clean energy plans. But in a competitive world, weak government support for new technologies and industries may have substantial commercial consequences, says James Hoecker of Husch Blackwell LLP.
How much is solar power really worth? Although a seemingly simple question, it has a myriad of complex and sometimes conflicting responses that many regulators across the U.S. are trying to resolve, say Brad Thompson and Jessica Sabbath of King & Spalding LLP.
This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.
President Donald Trump's executive order mandating the review of national monuments with the goal of opening public lands to mineral development could provide some economic benefits, but history has shown that most mineral development booms are followed by inevitable busts, says professor Hillary Hoffmann of Vermont Law School.
In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.
A proposal by PJM Interconnection threatens to exclude energy efficiency resources — the electricity savings achieved through the use of more energy-efficient products — from competing in its capacity market. This precedent could lead to additional barriers for other advanced energy technologies in wholesale electricity markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.