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Environmental

  • September 28, 2018

    FERC Beats Challenge To Pipeline Eminent Domain Process

    A group of landowners suing the Federal Energy Regulatory Commission went to the wrong place in their attempt to stop two pipeline development companies from taking control of private land along the projects’ routes, a D.C. federal judge said Thursday, finding that the lawsuit should’ve been filed elsewhere.

  • September 28, 2018

    FERC Must Heal Electricity Policy Rift, Commissioner Says

    The Federal Energy Regulatory Commission must ensure wholesale electricity markets can accommodate state clean energy policies while still producing just and reasonable rates for consumers, in light of recent appellate endorsements of state clean energy subsidies, Commissioner Cheryl LaFleur told Law360 on Friday.

  • September 28, 2018

    PG&E's $4.9M Deal To End SF Bay Toxic Waste Suit Is OK'd

    A California federal judge Thursday approved an agreement between Pacific Gas and Electric Co. and a group of commercial herring fishermen that settles their claims that the utility contaminates the San Francisco Bay and its surrounding area with residual pollutants from its former manufactured gas plants.

  • September 28, 2018

    Dole Unit Nears $26M Atty Fee Win After Beating Shell Suit

    A California judge has indicated he will likely award Barclay Hollander, a real estate subsidiary of Dole Foods, $26.8 million to pay for the legal work of Gibson Dunn & Crutcher LLP and Lewis Brisbois Bisgaard & Smith LLP after it fended off a bid from Shell Oil Co. to get more than $300 million in oil waste cleanup costs reimbursed.

  • September 28, 2018

    Hog Farm Says NC Law Nullifies Nuisance Verdict

    A North Carolina hog farm that a jury found guilty of illegally spraying urine and feces into the air asked a federal judge on Friday to vacate the verdict and $3.25 million punishment, citing a recently amended state law that shields farms from such lawsuits.

  • September 28, 2018

    Sunrun Solar To Shell Out $5.5M To Settle Robocalls Suit

    Sunrun Inc. will pay $5.5 million to settle a putative class action in California federal court accusing the solar company of placing unsolicited telemarketer calls to numbers on the National Do Not Call Registry.

  • September 28, 2018

    Up Next At High Court: Justices Kick Off Term Short-Staffed

    The U.S. Supreme Court will be one member short when it comes in session Monday morning to hear a handful of cases being closely followed by environmental and employment lawyers after sexual assault claims derailed D.C. Circuit Judge Brett Kavanaugh’s hopes for a speedy confirmation.

  • September 28, 2018

    DOI Rolls Back Some Offshore Drilling Safety Regs

    The U.S. Department of the Interior on Friday finalized a new offshore oil and gas drilling rule that it touted as reducing the regulatory burden on companies, but green groups slammed it for rolling back worker safety and environmental protections.

  • September 28, 2018

    Level Solar's Ch. 11 Bankruptcy Needs Trustee, Judge Says

    A New York bankruptcy judge on Friday decided to keep Level Solar Inc.’s contentious bankruptcy in Chapter 11 but appointed a trustee to manage the estate, saying both decisions are in the best interest of the creditors.

  • September 28, 2018

    Plains Pipeline Can't Escape Ill. Oil Spill Lawsuit, Judge Rules

    A proposed class action that says a pipeline built by Plains All American Pipeline LP leaked thousands of gallons of crude oil into an Illinois town’s water supply will proceed after an Illinois federal judge refused to toss the suit Thursday.

  • September 28, 2018

    Trio Of Rulings Gives States More Zero-Carbon Leeway

    The Second Circuit on Thursday concluded a state's clean energy incentive program doesn't intrude on federal authority over wholesale electricity markets, joining two other rulings that will encourage states to craft aggressive policies to boost zero-carbon power within their borders, experts say.

  • September 28, 2018

    Taxation With Representation: Simpson, Cleary, Choate

    In this week’s Taxation with Representation, Sirius XM bought Pandora Media for $3.5 billion, Michael Kors Holdings bought Versace for $2.12 billion, a Digital Realty Trust subsidiary bought Ascenty Holdings for $1.8 billion, and Consolidated Edison bought a U.S. renewable energy unit from Sempra Energy for $1.5 billion.

  • September 27, 2018

    Trenk DiPasquale Aims To Sink Newark Water Agency Suit

    Trenk DiPasquale Della Fera & Sodono PC and two former firm attorneys have called on a New Jersey federal bankruptcy court to toss a lawsuit alleging the firm and others enabled unlawful and wasteful conduct at a defunct Newark water agency, saying the organization did not have the requisite number of trustees when it filed the action.

  • September 27, 2018

    King & Spalding Adds MoFo Environmental Pro To LA Team

    King & Spalding LLP said this week it hired a former Morrison & Foerster LLP environmental attorney with extensive experience advising Fortune 500 clients in complex pollution and land use matters to lead the environmental, health and safety team in Los Angeles.

  • September 27, 2018

    EPA Finalizes Fee Structure For Chemical Control Efforts

    The U.S. Environmental Protection Agency on Thursday finalized a new fee structure expected to raise $20 million for its Toxic Substances Control Act programs, the last of four framework rules the agency was required to promulgate to implement 2016 amendments to the law.

  • September 27, 2018

    Enviros Sue To Nix Utah, Colo. Oil And Gas Lease Sales

    A coalition of environmental groups on Thursday filed suit against the Bureau of Land Management asking the court to nix three recent oil and gas lease sales for land in Colorado and Utah that they say were conducted without the proper environmental analysis for an area “with unhealthy ozone levels.”

  • September 27, 2018

    Construction Co. In BP Suit Pushes Legal Malpractice Claims

    Two Louisiana attorneys must still face legal malpractice claims because an August order disposing of those allegations did not in fact eliminate all of them, an Arkansas construction company said Wednesday in litigation linked to the BP Deepwater Horizon oil rig disaster.

  • September 27, 2018

    Enviros Sue To Undo Okla. Coal Ash Permit Plan

    Environmental groups on Wednesday filed suit against the U.S. Environmental Protection Agency, accusing it of improperly approving Oklahoma's coal ash permit plan despite provisions that allegedly didn't allow sufficient public participation and others that conflicted with a recent court ruling.

  • September 27, 2018

    NGL Reaches $35M Deal Over Renewable Fuel Fraud Claims

    An NGL Energy Partners LP unit on Thursday agreed to a $35 million deal to settle the federal government’s claims that it fraudulently sold credits generated from a program designed to increase the amount of renewable fuels in the nation’s gasoline supplies.

  • September 27, 2018

    Monsanto Exec Named Bayer's US General Counsel

    A Monsanto Co. vice president has been named Bayer AG's new general counsel for the U.S. shortly after the two agribusiness giants completed their $63 billion merger, Bayer confirmed to Law360 on Thursday, as it faces mounting lawsuits against some of its top products.

Expert Analysis

  • 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.

  • NY Offshore Wind Plan Spotlights Jones Act Compliance

    Charlie Papavizas

    Last month, New York Gov. Andrew Cuomo announced an ambitious offshore wind power plan. But to succeed, the plan must comply with the many restrictions of the Jones Act, a federal law that reserves U.S. domestic maritime trade to U.S.-built vessels owned and operated by Americans, says Charlie Papavizas of Winston & Strawn LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Jones Day Case Highlights Questions Of Atty Privilege Abroad

    Ana Reyes

    Germany’s highest court ruled this month that prosecutors may review the Jones Day documents they seized related to the firm’s representation of Volkswagen. This is a stark reminder that American litigators need to be aware of how attorney-client privilege laws abroad can impact litigation in the United States, say Ana Reyes and Matthew Heins of Williams & Connolly LLP.