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Environmental

  • June 1, 2018

    Perkins Coie Snags Ex-DOJ Attys For Enviro, Energy Practice

    Perkins Coie LLP has bolstered its environment, energy and resources practice with the addition of two former U.S. Department of Justice trial attorneys, the firm announced Thursday.

  • June 1, 2018

    Sunoco Asks Pa. Regulators To Revisit Work Stoppage Order

    Sunoco LP has argued that an administrative law judge for the Pennsylvania Public Utility Commission was wrong to shut down operations at a natural gas pipeline in the state and halt construction on two others, saying the evidence didn’t justify the emergency order.

  • June 1, 2018

    Pa. Justices Won't OK Drilling In Town's Residential Area

    Pennsylvania’s highest court on Friday found that a Lycoming County municipality had agreed to allow hydraulic fracturing in a residential and agricultural zoning district despite a lack of clear evidence it was similar to allowed uses in the area.

  • June 1, 2018

    FCC's Small Cell Review Exemptions Pass Muster, GAO Says

    The Government Accountability Office has signed off on a recent Federal Communications Commission rule exempting small cell fixtures, necessary for building up next-generation or 5G networks, from environmental and historic reviews.

  • June 1, 2018

    Texas Justices Take Up Anadarko's $100M Coverage Battle

    The Texas Supreme Court agreed Friday to review a lower court’s holding that Anadarko Petroleum Corp. is not entitled to coverage by Lloyd’s of London underwriters for any of the over $100 million it has spent defending against claims stemming from the 2010 Deepwater Horizon explosion and oil spill.

  • June 1, 2018

    US, Mining Co. Say Tribe's Wetlands Suit Doesn't Hold Water

    The federal government and a mining company each pressed a Wisconsin federal judge on Friday to toss a tribe's challenge to the state of Michigan’s authority to review the company’s wetlands permit application, arguing the tribe hasn’t pointed to a specific duty the federal government had to perform under the Clean Water Act.

  • June 1, 2018

    Trump Subverts FERC With Coal, Nuke Plant Bailout Order

    President Donald Trump on Friday ordered Energy Secretary Rick Perry to take immediate steps to prop up struggling coal and nuclear power plants, a move experts say will not only unleash an avalanche of legal challenges but could also undermine the Federal Energy Regulatory Commission's authority over the nation's electric grid.

  • June 1, 2018

    EPA Must Cough Up Info On Pruitt's Climate Change Comment

    A D.C. federal judge ruled Friday that the U.S. Environmental Protection Agency must fork over records underlying Administrator Scott Pruitt’s statement on CNBC that carbon dioxide created by human activity is not a “primary contributor” to climate change, blasting its “excuses” for not giving them to an environmental group yet.

  • June 1, 2018

    US Couple Say Dominican Ties Don't Doom $41M Claim

    A U.S. couple have accused the Dominican Republic of exaggerating their connections to the country to try to shake claims that it obstructed the expansion of their gated community, saying the evidence clearly shows their bond with America and thus, the Permanent Court of Arbitration’s jurisdiction over the $41.5 million dispute.

  • June 1, 2018

    Pa. Justices Largely Preserve Fracking Rule Injunction

    The Pennsylvania Supreme Court on Friday largely preserved a preliminary injunction won by an industry group that bars state environmental regulators from beginning to enforce controversial new rules governing hydraulic fracturing operations.

  • June 1, 2018

    Feds Charge Five With Smuggling Tropical Birds

    The federal government charged five men Thursday with violating international regulations on endangered birds by conspiring to smuggle macaws, cockatoos, parrots and other tropical birds from Louisiana to Taiwan.

  • June 1, 2018

    7 High Court Petitions From Last Month You Shouldn't Miss

    From a $1.7 billion case involving Iran's central bank to a major question under the America Invents Act, the U.S. Supreme Court docketed a broad swath of cert petitions in May. Here, Law360 takes a look at the past month's most interesting requests for high court review.

  • May 31, 2018

    Residents Want Class Cert. In Exxon Refinery Explosion Row

    A group of residents who live near a refinery that released pollutants in an explosion in 2015 asked a California federal court on Wednesday to certify their proposed class in a suit accusing Exxon Mobil Corp. of negligently operating the facility and exposing those close by to environmental harms.

  • May 31, 2018

    Energy-Coupon Founder Must Dish On Merger, 1st Circ. Rules

    The Massachusetts founder of a company that promotes energy efficiency through utilities coupons cannot dodge deposition questions concerning a merger deal that’s given rise to two opposing securities lawsuits seeking a combined $70 million, the First Circuit has decided, reversing a lower judge's ruling in an opinion unsealed Wednesday.

  • May 31, 2018

    SC High Court Rejects Challenge To Water Use Law

    The South Carolina Supreme Court on Wednesday upheld a 2010 state law that allows farms to use large amounts of water without obtaining a permit, handing a loss to property owners who argued the statute violated the state’s obligation to protect aquatic resources.

  • May 31, 2018

    States Say EPA Isn't Limiting Landfill Emissions Under Rule

    A coalition of states including California, Pennsylvania and Illinois sued the U.S. Environmental Protection Agency in federal court on Thursday, alleging it has violated the Clean Air Act by failing to impose an Obama-era regulation limiting emissions from municipal landfills.

  • May 31, 2018

    Novozymes Escapes $7.5M Verdict In Ethanol IP Fight

    Novozymes A/S escaped a $7.5 million jury verdict in a patent case over technology to control deposits in plants that turn corn into ethanol, after a Wisconsin federal judge invalidated parts of the patents Novozymes was found to have infringed.

  • May 31, 2018

    Sens. Ask EPA Watchdog To Probe Pruitt's Real Estate Search

    A trio of Democratic senators on Thursday asked the U.S. Environmental Protection Agency’s internal watchdog to look into whether Scott Pruitt, who leads the agency, flouted federal regulations by having one of his top aides help him hunt for housing.

  • May 31, 2018

    DC Circ. Rejects RI Tribe's 'Premature' Pipeline Work Appeal

    The D.C. Circuit on Thursday threw out a bid by the preservation office of a Rhode Island tribe to have the court review the Federal Energy Regulatory Commission’s decision to let a unit of Kinder Morgan Inc. start construction on a pipeline expansion project in New England.

  • May 31, 2018

    Fla. Pipeline OK Deepens FERC Split On Greenhouse Gauge

    The Federal Energy Regulatory Commission on Wednesday approved the construction of an offshoot of the $3.5 billion Southeast Market gas pipelines project that's intended to serve a new Florida power plant, but FERC commissioners were once again divided over what constitutes a proper climate change analysis of a project.

Expert Analysis

  • Status Update On 'One Federal Decision' Project Reviews

    Raya Treiser

    Last week, a dozen federal agencies signed a memorandum of understanding committing to a more coordinated and streamlined federal review process. But because there have been no changes to underlying statutory requirements, each agency will still have to determine that a project review meets its respective legal obligations, say Raya Treiser and Nathaniel Custer of WilmerHale.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • How Is EPA's New Source Review Guidance Helpful?

    Richard Alonso

    The U.S. Environmental Protection Agency recently issued a memo reinterpreting regulations that determine when a project could trigger new source review. In this new policy directive, the EPA is now reinterpreting its existing regulations to allow sources to use this type of project analysis to assess whether an NSR permit is required, say attorneys with Sidley Austin LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Calif. Case Shows Propriety Of Telecom CEQA Exemptions

    Michael Shonafelt

    A California appellate court's recent decision in Aptos v. Santa Cruz clarifies that "small cell" telecommunications networks in public streets and highways are exempt from California Environmental Quality Act review. This case comes at a time when the telecom industry and local governments both need certainty on the applicability of CEQA exemptions, says Michael Shonafelt of Newmeyer & Dillion LLP.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.