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Environmental

  • July 30, 2018

    Big Oil Says Wash. County Climate Suit Has No Place In Court

    Five global oil giants urged a federal judge Friday to spike a lawsuit in which the county home to Seattle seeks to hold them accountable for climate change-related infrastructure damages, arguing that such claims do not belong in a courtroom, as other judges have recently concluded in similar disputes.

  • July 30, 2018

    Macquarie Group Affiliate Sells NJ Power Plant For $900M

    A Macquarie Infrastructure Corp. unit inked a deal to sell a New Jersey electric plant for $900 million in cash and debt, the affiliate of Australia’s Macquarie Group Ltd. disclosed in a U.S. Securities and Exchange Commission filing on Monday.

  • July 30, 2018

    High Court Bats Down Gov't Bid To Halt Kids' Climate Suit

    The U.S. Supreme Court on Monday refused the federal government's request to step in and halt a suit brought by 21 young people against the government alleging its policies contribute to climate change and endanger them and future generations, issuing a defeat to the Trump administration.

  • July 30, 2018

    FERC Seeks Denial Of Enviro Bid To Block $3.5B Pipeline

    The Federal Energy Regulatory Commission on Friday told the D.C. Circuit to reject an environmentalist group's bid to halt construction of the $3.5 billion Mountain Valley gas pipeline, arguing that the group's concerns were already addressed in the environmental impact statement.

  • July 30, 2018

    State Dept. Gives New Keystone XL Route Environmental OK

    The U.S. Department of State on Monday gave a preliminary environmental thumbs-up to a proposed alternative route through Nebraska for the controversial Keystone XL pipeline, a route that is currently being challenged by landowners and other project opponents in the Nebraska Supreme Court.

  • July 27, 2018

    Law360 Names Top Attorneys Under 40

    The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.

  • July 27, 2018

    Monsanto Herbicide's Link To Cancer Sound, Jury Told

    An agricultural economist refuted Monsanto's assertion that the World Health Organization’s International Agency for Research on Cancer "cherry picked" studies to conclude that Monsanto's herbicides cause cancer, testifying during a landmark California jury trial Friday that the IARC based its findings on sound science.

  • July 27, 2018

    Union Pacific Dodges Asarco's Superfund Cleanup Claim

    An Idaho federal judge on Thursday shot down Asarco LLC’s bid to hold Union Pacific Corp. financially responsible for a portion of more than $400 million the mining company paid to help clean up a Superfund site in the state.

  • July 27, 2018

    Green Groups, Pa. Settle Row Over Sunoco Pipeline Permits

    Three environmental groups on Friday announced a settlement with the Pennsylvania Department of Environmental Protection concerning their challenge to construction-related permits the state agency issued for a Sunoco Inc. unit's controversial Mariner East 2 natural gas pipeline.

  • July 27, 2018

    DC Circ. Upholds FERC's Approval Of $971M Pipeline Project

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's approval of an Enbridge Inc. unit's $971 million natural gas pipeline improvement project in the Northeast, rejecting challenges from green groups that said FERC inadequately assessed environmental impacts.

  • July 27, 2018

    BP's Federal Bid To Escape Tribal Enviro Suit Tossed As Moot

    A Nevada federal judge has tossed as moot a suit from two BP units that sought to bar the Yerington Paiute Tribe from suing them in tribal court over environmental damage at an abandoned copper mine, noting that the underlying tribal court suit had been dismissed.

  • July 27, 2018

    4th Circ. Nixes Forest Service, BLM OKs For W.Va. Pipeline

    The Fourth Circuit on Friday struck down U.S. Forest Service and Bureau of Land Management approvals for portions of the $3.5 billion Mountain Valley pipeline, giving a win to environmentalists who said the government improperly deferred to the pipeline developer without explaining itself.

  • July 27, 2018

    Minn. Tribe Says Lake Pollution Suit Steps On EPA’s Toes

    The Bois Forte Band of Chippewa urged a Minnesota federal judge Thursday to toss claims by an environmental group that the tribe’s wastewater treatment facility has been polluting a nearby lake, saying the suit can’t go forward because the U.S. Environmental Protection Agency is already tackling the problem.

  • July 27, 2018

    Fed. Circ. Vacates $207M Win For Wind Farms In Grant Case

    The Federal Circuit on Friday vacated and remanded a decision by the U.S. Court of Federal Claims that found the government owed the owners of California-based wind farms nearly $207 million in cash grants after the U.S. Department of Treasury undervalued their cost basis.

  • July 27, 2018

    EU Approves €500M German Green Rail Investment

    European Union antitrust authorities announced Friday that they had given the all-clear, under EU state aid rules for environmental projects, to a German plan to spend €500 million ($583 million) compensating electric rail companies for energy efficiency investments.

  • July 27, 2018

    9th Circ. Hands Win To Enviros In Mont. Logging Project Suit

    The Ninth Circuit has handed a win to an environmental group challenging a logging project on national forest land in Montana by finding that the U.S. Forest Service didn't examine if the project would increase the amount of permanent roads beyond a certain limit in an area where Cabinet-Yaak grizzly bears can be found.

  • July 27, 2018

    Near-Extinct Porpoise Prompts CIT Seafood Import Ban Order

    The Trump administration has been ordered by the U.S. Court of International Trade to ban seafood imported from Mexico when it is caught in a certain area with an all-encompassing net that kills the world's smallest, most endangered porpoise.

  • July 27, 2018

    EPA Chief Reverses Truck Emissions Rollback Under Pruitt

    U.S. Environmental Protection Agency acting Administrator Andrew Wheeler on Thursday reversed a decision made in the waning hours of former agency head Scott Pruitt’s tenure to cease enforcement of Obama-era emissions standards for heavy-duty trucks outfitted with engines from older trucks.

  • July 26, 2018

    Monsanto's Toxicology Figures Don't Hold Up, Jury Hears

    A toxicologist took the stand Thursday in a landmark California jury trial over claims Monsanto’s herbicides gave a groundskeeper lymphoma, saying 10 percent of the products' active ingredient can be absorbed through the skin — more than 10 times what Monsanto claims.

  • July 26, 2018

    BLM Wildlife Protection Shift Opens Door To Lawsuits

    The U.S. Bureau of Land Management’s recent decision to stop requiring developers like oil and gas companies to undertake projects to protect wildlife in exchange for permission to use public land could translate to a rise in litigation as nature and industry collide, experts say.

Expert Analysis

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • Culverts Win May Indicate A New Era For Tribal Treaty Rights

    J. Nathanael Watson

    The U.S. Supreme Court's decision in Washington v. United States this month could have broad implications for a variety of development, construction and farming practices throughout the Northwest. The door has clearly been opened for the state of Washington, and other parties, to pursue negotiation and settlement whenever existing structures impact tribal treaty rights, says J. Nathanael Watson of Stoel Rives LLP.

  • What New FWS Take Guidance Means For Permit Applicants

    Wayne Whitlock

    New guidance from the U.S. Fish and Wildlife Service clarifies when habitat modification triggers an incidental take permit, who decides whether a permit is needed and who takes the risk, creating significant implications for private project proponents considering whether to seek an incidental take permit and prepare a habitat conservation plan, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Growing Opportunities In NY’s Energy Storage Industry

    Danielle Mettler-LaFeir

    To meet the ambitious energy and environmental goals of New York’s Reforming the Energy Vision program, the state is putting in place policies to increase the use of energy storage — sending out a strong signal to the growing energy storage industry to invest in New York, says Danielle Mettler-LaFeir of Barclay Damon LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their weeklong July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security, and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • Wash. Tribes' High Court Win Raises Treaty Rights Concerns

    Lee Redeye

    Last week, the U.S. Supreme Court affirmed a major win for Washington tribes in Washington v. United States. However, the nature of the Supreme Court's affirmation — a 4-4 split without a written decision — means that its precedential value is questionable, says Lee Redeye of Lippes Mathias Wexler Friedman LLP.