Environmental

  • November 6, 2017

    What Trump’s War On Regulations Means For Lawyers

    Corporations and their attorneys can be some of the country’s most ardent deregulation enthusiasts, but many are struggling to navigate uncertainty clouding the Trump administration’s efforts to pare down the rulebook.

  • November 6, 2017

    Has Trump Been Good For BigLaw?

    Last November’s Election Day triumph for Donald Trump seemed likely to bring about, as one consultant put it, a “legal industry on steroids.” A year on, though, the picture for law firms is decidedly mixed.

  • November 6, 2017

    Who’s Repping Whom? Law360’s Guide To The Mueller Probe

    As Robert Mueller’s investigation of the Trump campaign draws a slew of corporate attorneys to the scene, here’s a look at the legal firepower representing figures in the special counsel’s inquiry.

  • November 6, 2017

    Puerto Rican Utility Fights Class Cert. Bid In Kickback Suit

    PREPA, Puerto Rico’s electric utility, is fighting back against a proposed class action alleging it has been cheating on environmental standards testing and systematically overcharging customers for years, telling a Puerto Rico federal court Friday certification should be denied because the putative class members can’t show how the alleged conspiracy affected them as a whole.

  • November 6, 2017

    Enviros Got Unfair Fracking Rule Win At 10th Circ., ND Says

    North Dakota and three other states said Friday that the Tenth Circuit should revisit its toss of a challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands because it is being rewritten, saying the decision gives environmental groups an unjustified win.

  • November 3, 2017

    ACE Insurance Must Pay $1.1M For Pollution Judgment

    A Georgia federal judge on Friday ordered ACE American Insurance Co. to pay Wattles Co. $1.13 million after an underlying trial over coverage for acid damage at a battery factory previously occupied by later-bankrupt Exide Technologies.

  • November 3, 2017

    Bondholders Rip VW Bid To Nix Fraud Suit Over Emissions

    Bondholders suing Volkswagen AG over allegedly inflated bond values prompted by the 2015 diesel emissions scandal told a California federal judge Friday that while their case is about the German automaker hiding the fraud from investors and bondholders, the embattled company is reshaping claims to try and score dismissal.

  • November 3, 2017

    Zoo Elephant 'Friends' Fight To Sue City Without Counsel

    Animal advocates asked a Massachusetts federal court Thursday to allow them to proceed without licensed counsel in their lawsuit alleging the city of New Bedford’s poor treatment of two Asian elephants at a city zoo flouts the Endangered Species Act.

  • November 3, 2017

    Enviros Urge Justices To Toss Challenge To Feds' Seal Listing

    The Center for Biological Diversity has urged the U.S. Supreme Court to reject bids by the state of Alaska, oil and gas groups, and Alaska Natives to overturn the National Marine Fisheries Service’s decision to list the Pacific bearded seal as a threatened species, saying the listing properly relied on climate change models and won't overly burden the groups.

  • November 3, 2017

    4 Energy Sector Takeaways From House Tax Reform Bill

    The potential impact of the sprawling U.S. House tax reform bill unveiled Thursday on the energy industry can be summed up in six words: fossil fuels win, renewable energy loses. Here are four energy-related takeaways from the House tax proposal.

  • November 3, 2017

    Ohio AG Hits ETP Unit With Suit Over Pipeline Construction

    An Energy Transfer Partners LP unit has been hit with a lawsuit by Ohio saying its waters have been polluted by the construction of the company's Rover Pipeline running through the state, Ohio Attorney General Mike DeWine announced Friday.

  • November 3, 2017

    FERC, Pipeline Co. Urge DC Circ. Not To Halt Atlantic Sunrise

    The Federal Energy Regulatory Commission and the Williams Partners unit that is constructing the $2.65 billion Atlantic Sunrise pipeline aimed at bringing gas from Pennsylvania to southern markets have asked the D.C. Circuit to deny environmentalists’ bid to halt the pipeline, saying the request was unreasonable and costly.

  • November 3, 2017

    Pruitt Names EPA Advisory Board Members Under New Rules

    Environmental Protection Agency Administrator Scott Pruitt on Friday named more than 130 scientists from academia, nonprofits, and the public and private sectors to three scientific advisory committees on the condition they won’t be eligible for any grant money during their terms.

  • November 3, 2017

    Calgon Investor Sues To Block $1.3B Sale To Japanese Co.

    A Calgon Carbon Corp. shareholder filed a putative class action Thursday asking a Delaware federal court to halt the company’s pending $1.3 billion merger with Kuraray Co., claiming the company is asking shareholders to approve a bad deal based on incomplete information.

  • November 3, 2017

    Honda Relocates Rat-Chewing Class Action To Calif.

    An Illinois federal judge on Thursday transferred to California a putative class action against Honda over allegedly defective wiring insulation that rats like to chew, saying a judge there is already familiar with the claims after presiding over two similar cases.

  • November 3, 2017

    Barclay Damon Picks Up NY Enviro, Energy Boutique

    Barclay Damon LLP has beefed up its ranks in Syracuse, New York, by absorbing boutique energy and environmental firm Gilberti Stinziano Heintz & Smith PC, Barclay Damon said Wednesday.

  • November 3, 2017

    CWA Claim Cut From Enviro Groups' Stormwater Runoff Suit

    A California federal judge has only partially granted the U.S. Environmental Protection Agency’s bid to toss a suit brought by environmental groups over stormwater runoff they say is polluting two watersheds in the Los Angeles area, ruling that the Clean Water Act claim can’t move forward at the district court. 

  • November 3, 2017

    Enviros Sue DOI For Docs In National Monument Review

    The U.S. Department of the Interior has refused to comply with public records law and is withholding documents related to the Trump administration’s review of national monuments, a lawsuit filed by several environmental groups in D.C. federal court alleged on Thursday.

  • November 2, 2017

    Developers Sue FWS Over Protecting Gnatcatchers

    A group of property owners and developers hit the U.S. Department of the Interior with a lawsuit in D.C. federal court Thursday, alleging the U.S. Fish and Wildlife Service violated federal procedure rules by repeatedly finding that the coastal California gnatcatcher is protected under the Endangered Species Act.

  • November 2, 2017

    Calif. County Calls Off BIA Land Suit After Deal With Tribe

    A California county on Wednesday dropped its lawsuit over the federal government’s decision to take more than 1,400 acres of land into trust for the Santa Ynez Band of Chumash Indians, a day after the county approved a settlement with the tribe.

Expert Analysis

  • Viability Of 'Act Of God' Defense In A Superstorm World

    Sarah Quiter

    The stakes are high for anyone facing environmental liability in the wake of storms like Hurricanes Harvey, Irma and Maria. If you are among the parties potentially liable for the costs to clean up a release of oil or hazardous substances caused by a major storm event, you may be thinking about a possible “act of God” defense, but you may want to think again, says Sarah Quiter of Hunton & Williams LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Calif. Real Property Transactions May Need CEQA Review

    Stephanie Smith

    Private parties who plan to jump into a real property transaction with a public agency should be aware that their deal could be impacted or held up by the California Environmental Quality Act unless they are fully informed of the recent legal developments pertaining to CEQA compliance and real property, says Stephanie Smith of Grid Legal.

  • Next Round Of Water Contamination Suits May Involve CWA

    Seth Kerschner

    Manufacturing facilities that produced and used perfluorinated chemicals are already targets of plaintiffs attorneys. Now, current and former military aviation installations may be next, as these military sites could be subject to Clean Water Act litigation risk concerning PFCs used in firefighting foam, say Seth Kerschner of White & Case LLP and Zachary Griefen of the Conservation Law Foundation.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • IRS Rejection Of Renewable Energy Tax Credits Is Puzzling

    Abraham Shashy

    The U.S. Internal Revenue Service recently denied claims by tax equity investors for renewable energy tax credits, claiming the investors had effectively attempted to purchase the credits. Curiously, the IRS did so without deciding whether, for U.S. federal tax purposes, the investors were partners, the venture was a partnership or the transaction had economic substance, say attorneys with King & Spalding LLP.