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Environmental

  • December 20, 2018

    Occidental Says Phillips 66, Others Liable For Calif. Cleanup

    Occidental Chemical Corp. has told a California federal court that other companies, including Phillips 66 and Union Oil Co. of California, should be responsible for the cost of cleaning up contaminants at the Port of Los Angeles.

  • December 20, 2018

    NJ Town Can Take Properties To Rebuild Beach, Court Says

    The New Jersey state appeals court on Thursday bolstered the ability of shore municipalities to recover from Superstorm Sandy in affirming a town’s condemnation of four properties for a beach replenishment project, ruling the municipality’s seizure of the land is justified because the project benefits the public.

  • December 20, 2018

    Sunoco Defends Pa. Pipeline As DA Launches Criminal Probe

    Sunoco LP on Thursday blasted what it said were "baseless allegations" behind a suburban Philadelphia prosecutor's move this week to launch a criminal investigation into the company's conduct in planning and constructing its troubled Mariner East natural gas pipelines.

  • December 20, 2018

    Coastal State AGs Want In On Seismic Testing Permits Fight

    Nine East Coast state attorneys general on Thursday sought to join a suit challenging the Trump administration's issuance of permits for oil and gas companies to injure or otherwise disrupt whales and other marine mammals during seismic testing off the Atlantic coast, a precursor for offshore drilling in the region.

  • December 20, 2018

    Gov't Escapes Wis. Tribe's Permit Suit Over Mine Project

    A Wisconsin federal judge has dismissed the Menominee Indian Tribe of Wisconsin’s suit over a Michigan state permit for a proposed mine, holding Wednesday that the federal government’s decision to leave the state in charge isn’t a final agency action the court can review.

  • December 19, 2018

    Fiat, BLM Settle Suits Over Jeep-Linked Calif. Wildfire

    A settlement has been reached between property owners, FCA US and the Bureau of Land Management in a series of suits that alleged a defective Jeep operated by a BLM employee caused a 2013 fire that destroyed more than 7,000 acres, with a California federal judge Tuesday approving a stipulation to dismiss claims against FCA.

  • December 19, 2018

    18 Firms Ask 9th Circ. For Cut Of $175M Fees In VW MDL

    An attorney representing 18 law firms told the Ninth Circuit on Wednesday they're owed part of $175 million in fees and costs awarded in multidistrict litigation over Volkswagen's emissions cheating and were wrongfully cut from the award shared among approximately 100 firms simply because they weren't the "chosen ones."

  • December 19, 2018

    Enviros Sue Feds To Halt Colorado Dam Expansion

    Save the Colorado and a coalition of environmental groups sued the U.S. Army Corps of Engineers on Wednesday over its decision to authorize the expansion of a dam in Colorado, arguing the government never seriously considered less harmful alternatives to the project.

  • December 19, 2018

    Beveridge & Diamond Snags Justice Dept.'s Lead VW Litigator

    The U.S. Department of Justice's lead litigator in the Volkswagen AG emissions-cheating software case has joined Beveridge & Diamond PC, where he'll focus on assisting clients with compliance and crisis management matters, he told Law360. 

  • December 19, 2018

    Wind Farm Cos. Tell Justices Feds Wrong On Tribal Appeal

    A trio of Oklahoma energy developers pressed the U.S. Supreme Court Tuesday to take up their bid to overturn the Tenth Circuit's ruling that they needed Osage Nation and federal approval for a lease connected with a wind farm project, saying the solicitor general has wrongly argued that the tribe had the right to take part in the circuit court appeal.

  • December 19, 2018

    Ohio City Seeks To Overturn $2B Nexus Pipeline Approval

    The Ohio city of Oberlin along with a fellow opponent of the $2 billion Nexus pipeline told the D.C. Circuit that the Federal Energy Regulatory Commission was wrong to approve the project, saying its need was overstated and it was not in the public interest.

  • December 19, 2018

    Trump Signs Tribal Energy, Salmon Protection Bills Into Law

    President Donald Trump gave his blessing Tuesday to a trio of bills with tribal implications, signing into law measures that will give Native American tribes more control over energy development on their lands, provide land for an Alaskan health organization and protect salmon fisheries.

  • December 19, 2018

    EPA Suit Over Exxon Terminal Would Be Futile, Parties Agree

    Suing the U.S. Environmental Protection Agency over a permit for a Boston-area petroleum storage terminal — an avenue suggested by a federal judge — will prove futile, so an environmental group will press on with its suit against Exxon Mobil Corp., the group and Exxon said Tuesday.

  • December 18, 2018

    Where 5 Top MDLs Stand At The End Of 2018

    The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.

  • December 18, 2018

    Gov't Agrees To Dam Water Release In Fish Protection Row

    Washington state and several federal agencies have reached a deal with Oregon and the Nez Perce Tribe to ensure that endangered salmon and steelhead can traverse the Columbia River basin while the government works on a new environmental analysis regarding dams in the waterway, according to a Tuesday announcement.

  • December 18, 2018

    Kinder Morgan Unit Faces $5M Suit Over Chemical Spill

    Fallout from a chemical spill near a Kinder Morgan unit-owned pipeline landed in Texas state court Monday as two landowners brought a proposed class action claiming the company negligently released the toxic chemicals causing more than $5 million in environmental damage over 3,000 to 5,000 acres of land.

  • December 18, 2018

    Enviros Fight To Sink NY Nuke Subsidies

    A coalition of environmental groups on Monday asked a New York state judge to strike down a state program offering subsidies to prop up struggling nuclear power plants, arguing that the state's Public Service Commission violated the requirements for public comment and review.

  • December 18, 2018

    German Auto Co. Agrees To $35M Fine In VW Emissions Case

    A German automotive engineering company entered into a plea agreement Tuesday to pay $35 million for its alleged role in a long-running scheme by Volkswagen AG to sell diesel vehicles in the United States that use a "defeat device" to cheat on vehicle emissions tests required by federal law.

  • December 18, 2018

    DC Circ. Probes EPA Rationale For Obama Ozone Rule

    A D.C. Circuit panel on Tuesday examined whether a 2015 U.S. Environmental Protection Agency rule aimed at reducing ozone emissions can realistically be complied with and what criteria the agency relied on when determining whether permitted emission levels are safe.

  • December 18, 2018

    French Protests Highlight Difficulty Of Taxing Carbon

    French President Emmanuel Macron’s reversal on a proposed fuel tax increase in the face of violent protests has cast doubt on the political viability of wide-ranging consumption taxes that may be necessary to combat climate change.

Expert Analysis

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage

    Alexander Bandza

    The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.

  • What To Expect From New Democratic Investigation Efforts

    Reginald Brown

    The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Energy Cos. Engage With A New Forum For Human Rights

    Viren Mascarenhas

    National contact points are hearing more human rights, labor and environmental complaints related to energy companies, bringing these grievances to public attention and sharing findings with potential litigants, say attorneys with King & Spalding LLP and an adviser at the Danish Institute for Human Rights.