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Environmental

  • May 14, 2018

    Colorado Residents Sue Makers Of 'Toxic' Firefighting Foam

    The 3M Co., Tyco Fire Products LP and other manufacturers were accused Monday of putting Colorado residents at risk of developing health problems like cancer, thyroid disease and pregnancy complications by supplying a nearby air base with firefighting foam containing toxic chemicals.

  • May 14, 2018

    Enviros Ask Gov't For ESA Protection For Ancient Fish

    The Center for Biological Diversity on Monday asked the federal government to extend Endangered Species Act protections to an ancient fish species that it says is being pushed to extinction thanks to overfishing, water pollution and dam construction.

  • May 14, 2018

    Gas Well Permits Don’t Violate Pa. Constitution, Panel Says

    A panel of administrative law judges has found that Pennsylvania regulators properly exercised their roles as environmental trustees under the state’s constitution as they approved permits to a Rex Energy Corp. unit for a cluster of natural gas wells in Butler County.

  • May 14, 2018

    Justices Seek SG's View On Osage Wind Farm Lease Row

    The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a bid by Oklahoma wind farm developers to overturn a Tenth Circuit decision that said a mineral lease from the Osage Nation and federal approval were required for surface construction on their project.

  • May 11, 2018

    Enviros Seek Protection Decision For Hummingbird-Like Fly

    The Center for Biological Diversity launched a lawsuit in D.C. federal court Friday accusing the U.S. Fish and Wildlife Service of dragging its feet on deciding whether to protect a rare, large, hummingbird-like fly under the Endangered Species Act.

  • May 11, 2018

    Low-Profile EPA Air Quality Shift Could Mean Big Changes

    The U.S. Environmental Protection Agency recently revealed a significant change in how it assesses air pollution from closely linked facilities in an unpublicized letter to Pennsylvania environmental regulators, and experts say it will result in an easier permitting process for some projects.

  • May 11, 2018

    FPL Wants Groups To Specify Remedies In Nuke Pollution Suit

    Florida Power & Light Co. told a Florida federal court Friday that environmental groups suing the utility over water pollution from its Turkey Point nuclear plant near Miami have asked for "sweeping remedial orders" but have yet to provide specifics about what kinds of remedies they are demanding.

  • May 11, 2018

    Class Counsel In Dow Pollution Suit Want Attys Sanctioned

    Lead class counsel representing residents who inked a $375 million settlement with Dow Chemical Co. and another company in a nuclear pollution lawsuit urged the Tenth Circuit to sanction three individual attorneys who claim they were denied a share of $150 million in fees for their work, calling their appeal frivolous.

  • May 11, 2018

    Atlantic Sunrise Approval By The Book, FERC Tells DC Circ.

    The Federal Energy Regulatory Commission on Thursday urged the D.C. Circuit to nix several challenges to the construction of the $2.65 billion Atlantic Sunrise pipeline by environmental groups and landowners, saying the petitions aiming to overturn various approvals by the agency for the project are either premature or without merit.

  • May 11, 2018

    Paint Org Urges Atty Sanctions In 'Doomed' Antitrust Suit

    A nonprofit paint industry organization that works to recycle unused paint has moved for sanctions in California federal court against the counsel for a defunct Bay Area paint recycler suing over an alleged antitrust conspiracy, saying the attorneys pursued state claims long after they should have known the case was “doomed.”

  • May 11, 2018

    Fiat Chrysler Looks To Bar Depositions In Stock Drop Suit

    Fiat Chrysler has panned investors’ “eleventh-hour” bid to depose more witnesses and add interrogatories in their suit alleging that the automaker hid the existence of “defeat devices” in vehicles, telling a New York federal judge Thursday they can’t cram that much discovery in before their deadline.

  • May 11, 2018

    Enviros Push To Kill Waiver For New Mexico Border Wall

    Environmental groups asked a D.C. district judge on Thursday to kill the waiver for environmental and other oversight laws granted by the U.S. Department of Homeland Security for the quick construction of an approximately 20-mile stretch of border wall, alleging Congress never gave it such wide power.

  • May 11, 2018

    Climate Change Suits Have No Place In Court, Feds Say

    The U.S. government on Thursday urged a California federal judge to toss Oakland’s and San Francisco's suits seeking to hold oil giants liable for climate change-related infrastructure damage, saying the cities' claims have no place under federal law and it's up to regulators and lawmakers to set climate and energy policy.

  • May 11, 2018

    Titan Of The Plaintiffs Bar: Lieff Cabraser's Elizabeth Cabraser

    As sole lead counsel in multidistrict litigation over Volkswagen AG’s emissions scandal, Lieff Cabraser Heimann & Bernstein LLP's Elizabeth Cabraser helped drivers secure settlements totaling more than $15 billion and assurances that the polluting vehicles would be taken off the roads, earning her a spot on Law360's 2018 Titans of the Plaintiffs Bar.

  • May 11, 2018

    'High-Performance' Building Becoming Easier, Less Costly

    With businesses and governments looking for ways to save money on operating costs in buildings and garner some positive press at the same time, “high-performance” structures that use the latest technology to conserve energy and water have overcome an early reputation for costliness and are becoming a more popular choice.

  • May 10, 2018

    Feds Say Youth Climate Suit Defies Separation Of Powers

    The federal government urged an Oregon federal judge Wednesday to toss a suit accusing federal agencies and the president of failing to protect future generations from the effects of climate change, arguing the relief sought in the case would violate the Constitution’s separation of powers.

  • May 10, 2018

    Beverly Hills Rips FTA Analysis Of Proposed Subway Line

    The Federal Transit Administration’s latest environmental analysis of a proposed subway line under Beverly Hills High School is nothing more than a rubber stamp meant to support the government’s preferred plan, the city said in a lawsuit filed Wednesday in California federal court.

  • May 10, 2018

    Enviros' CRA Challenge Over Nixed Hunting Rule Gets Tossed

    A federal judge on Wednesday threw out a lawsuit brought by an environmental group to challenge the constitutionality of the Congressional Review Act after it was used under the Trump administration to roll back a U.S. Fish and Wildlife Service rule prohibiting certain hunting and trapping practices on protected federal lands in Alaska.

  • May 10, 2018

    Wash. County Joins Big Oil Climate Change Suit Parade

    King County, Washington — home to Seattle — on Wednesday became the latest county to seek to hold oil giants liable for climate change-related infrastructure damage under state law, joining New York City and several cities and counties in California and Colorado.

  • May 10, 2018

    Sierra Club Plans Lawsuit Over Pa. Power Plant Pollution

    The Sierra Club has told the operators of a Pennsylvania coal-fired power plant that the environmental group intends to sue over alleged infractions of the Clean Air Act, saying that the plant has been emitting harmful gases at illegally high levels.

Expert Analysis

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Tribes' Mobilization On Climate Change Gathers Steam

    Keith Harper

    Tribes are not waiting for leadership on climate change from the federal level. Tribes’ mobilization at all levels of government offers opportunities not only to protect tribal communities and the natural resources that sustain them, but also to advance tribal sovereignty and self-determination, say attorneys with Kilpatrick Townsend & Stockton LLP.

  • Crafting Robust Force Majeure Clauses

    Alan Howard

    Lawyers can help protect their clients by avoiding standard force majeure text, and spelling out the intent of the parties in unambiguous terms. While it is impossible to address all contingencies, clearly defined and precise language can be used to mitigate performance and even economic risks, say Alan Howard and Luke van Houwelingen of Crowell & Moring LLP.

  • Climate Change Litigation Is Coming — Is Your Co. Ready?

    Jack Luellen

    In the years to come, many companies in the energy sector likely will find themselves named as defendants in climate change lawsuits, and a number of those companies simply will not survive the litigation. Companies that prepare in advance for such actions are more likely to weather the attacks on their business, says Jack Luellen of Dickie McCamey & Chilcote PC.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Keys To Corporate Social Responsibility Compliance: Part 1

    Michael Littenberg

    2018 may be the year that corporate social responsibility compliance becomes a core duty of in-house legal departments. Not only have legal requirements proliferated in recent years, but new disclosure requirements and more regulation are on the horizon, say attorneys with Ropes & Gray LLP.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Roundup Warning Label Ruling Less Surprising Than It Seems

    Shannon Oldenburg

    A California federal court's recent decision in National Association of Wheat Growers v. Zeise, which blocked the state from requiring Monsanto to put Proposition 65 warning labels on its Roundup products, may seem surprising at first blush. But a deeper look at the broader historical context of Proposition 65 offers a different perspective, say Shannon Oldenburg and Malcolm Weiss of Hunton & Williams LLP.