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  • October 3, 2018

    Trump Taps DOE Policy Head For FERC Commissioner Slot

    President Donald Trump announced Wednesday his intention to nominate the executive director of the office of policy at the U.S. Department of Energy as a member of the Federal Energy Regulatory Commission.

  • October 3, 2018

    Exxon Investors Fight Oil Co.'s 2nd Bid To Ditch Climate Suit

    Investors urged a Texas federal court to deny Exxon Mobil Corp.'s request to take a second look at the court's decision to advance the bulk of a proposed securities fraud class action alleging the oil giant concealed its climate change knowledge.

  • October 3, 2018

    3rd Circ. Revives Medical Costs Row Over Navy's Toxic Spills

    A Third Circuit panel has reversed in part a ruling that barred residents from demanding the government cover the costs of monitoring their health after they discovered local Navy facilities contaminated their drinking water, finding the requests are not considered challenges to cleanup efforts.

  • October 2, 2018

    Ailing Lobster Thief Settles $37M Fight With Feds For $7M

    Federal prosecutors and a fishery owner convicted of overfishing South African lobsters and smuggling them into the U.S. got a Manhattan federal judge’s blessing on Tuesday to settle a $37 million judgment for $7 million, with a prosecutor saying a higher recovery was unlikely.

  • October 2, 2018

    CEQA Doesn’t Require Health Analysis, Calif. High Court Told

    The environmental impact report for a 2,500-unit retirement community in Fresno County met state regulatory standards, an attorney for the county told the California Supreme Court Tuesday, saying the report wasn’t required to discuss the human health impact of anticipated air pollution — an analysis he said it wasn’t scientifically possible to perform.

  • October 2, 2018

    Munck Wilson Brings On Complex Litigation Partner In Dallas

    Munck Wilson Mandala has hired a former name partner from what is now Godwin Bowman PC to be a senior partner in Munck Wilson's Dallas office, where she brings decades' worth of experience in complex commercial litigation.

  • October 2, 2018

    Stakeholder Cries Foul Over $270M Sale Of Colo. Wind Farm

    A limited liability company filed a lawsuit in Delaware Chancery Court challenging the $270 million sale of a company that owned a wind farm in Colorado, claiming it was denied its right to vote on the transaction after refusing to sell its minority interest in the venture.

  • October 2, 2018

    4th Circ. Nixes Army Corps Permit For $3.5B Pipeline

    The Fourth Circuit on Tuesday vacated a permit issued by the U.S. Army Corps of Engineers for the $3.5 billion Mountain Valley gas pipeline, saying the agency improperly substituted a West Virginia condition for the permit with a federal one.

  • October 2, 2018

    DOJ Defends Trump's Decision To Shrink National Monuments

    President Donald Trump was well within his rights to shrink the Bears Ears and Grand Staircase-Escalante national monuments, the federal government has told a D.C. federal judge, urging her to toss several lawsuits challenging those controversial actions.

  • October 2, 2018

    Tribal Council Candidates Say DOI Can't Dodge Election Suit

    Four Nooksack tribal council candidates who lost a December special election urged a Washington federal court Monday not to toss their suit alleging the U.S. Department of the Interior failed to properly oversee the election, saying the DOI abruptly departed from established policy to recognize the new council as the tribe’s governing body.

  • October 2, 2018

    BLM Methane Rule Delay Must Be Nixed, 10th Circ. Hears

    States and environmental groups backing an Obama-era rule regulating methane venting and flaring from gas wells on public and tribal lands told the Tenth Circuit that a lower court's injunction blocking its implementation should be vacated since the U.S. Bureau of Land Management recently rescinded the rule.

  • October 2, 2018

    NC Recycling Co. Founder Gets 10 Years For $27M Fraud

    A North Carolina federal judge has sentenced the founder of a now-defunct electronics waste recycling company to 10 years in prison for fraudulently obtaining millions of dollars by lying to investors, franchisees and lenders and spending the money on personal luxuries, according to authorities.

  • October 2, 2018

    5th Circ. Leaves Door Open In Feds' Time-Barred CAA Suit

    In an issue of first impression for the Fifth Circuit, a panel has allowed the federal government to pursue injunctive relief against a power company for modifying coal-fired plants without proper permits despite the feds' Clean Air Act civil penalty claims being time-barred.

  • October 2, 2018

    Scarinci Hollenbeck Adds Employment Vet, 5 Others

    Scarinci Hollenbeck LLC has added as counsel to its litigation practice group a seasoned employment defense attorney from Gordon Rees Scully Mansukhani LLP, while also expanding its roster with five new associates in the New Jersey-based firm's litigation, labor and employment, government and education law and environmental law practice groups.

  • October 2, 2018

    FERC Urges DC Circ. To Toss Enviro's Pa. Pipeline Appeal

    The Federal Energy Regulatory Commission on Monday urged the D.C. Circuit to toss an environmental group’s challenge to the approval of a Kinder Morgan unit's $144 million Pennsylvania pipeline project, saying the group failed to raise its claims before the agency.

  • October 2, 2018

    1st Circ. Judge Has Harsh Words For Trump In Maria's Wake

    A little more than a year after Hurricane Maria swept through Puerto Rico and the rest of the Caribbean, First Circuit Judge Juan R. Torruella in an interview with Law360 sharply criticized what he felt was an inadequate response to the disaster by the federal government and President Donald Trump's comments disputing the death toll as a result of the storm.

  • October 2, 2018

    EPA Air Polluter Policy Change Is Unlawful, DC Circ. Told

    California and several environmental groups told the D.C. Circuit that the U.S. Environmental Protection Agency flouted both administrative law and the Clean Air Act when it rescinded a 1995 policy that said any facility considered to be a “major” polluter under the CAA could never be recategorized as a less prolific polluter.

  • October 1, 2018

    Supreme Court Rebuffs Tech Billionaire’s Beach Access Suit

    The U.S. Supreme Court on Monday turned down a petition from billionaire venture capitalist and Sun Microsystems co-founder Vinod Khosla over public access to his Northern California beachfront property, disregarding his argument that some of the value of his property was unconstitutionally taken under the state’s Coastal Act.

  • October 1, 2018

    Fishermen Say High Court Should Review Otter Program's End

    A group of California commercial fishing groups looking to keep shellfish out of sea otters’ paws urged the U.S. Supreme Court on Friday to review a Ninth Circuit decision they said improperly allowed the federal government to remove some shellfish protections.

  • October 1, 2018

    Puerto Rican Class Wins Cert. In Utility Conspiracy Suit

    Customers suing Puerto Rico’s public power utility for cheating on environmental standards testing and systematically overcharging them were granted class certification on Sunday, after a Puerto Rico federal court found their claims will all hinge on proving the existence of a racketeering conspiracy.

Expert Analysis

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Top 5 NDAA Provisions On Energy And The Environment

    Rachel Jacobson

    On Monday, President Donald Trump will sign the 2019 National Defense Authorization Act. Buried deep within these acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy, say Rachel Jacobson and Matthew Ferraro of WilmerHale.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.