Environmental

  • January 1, 2018

    Environmental Regulation And Legislation To Watch In 2018

    The Trump administration started off 2017 promising rescissions and rollbacks of Obama-era rules and has already nixed some and launched agency reviews of others. That deregulatory push will likely gain momentum in 2018 as key agency posts are filled and leaders focus on revisiting climate change, water, fossil fuel and automotive regulations.

  • January 1, 2018

    Native American Cases To Watch In 2018

    In the coming year, Native American law practitioners will be following the Cherokee Nation’s suit over the opioid epidemic and also watching a U.S. Supreme Court decision in a tribal casino challenge, a patent battle testing tribal sovereign immunity and Texas' bid to upend a federal Indian family law. Here are four cases attorneys think could have a big impact on Native American law in 2018.

  • January 1, 2018

    Energy Regulation To Watch In 2018

    While the energy sector will be keeping a close eye on the Trump administration's deregulatory push, including repeals of the Clean Power Plan and other climate change regulations, the administration's controversial plan to prop up coal and nuclear power plants will also garner plenty of attention in the coming year. Here are four regulatory actions energy attorneys will be watching in 2018.

  • January 1, 2018

    Perry's FERC Grid Plan Could Crumble Under Court Scrutiny

    As the Federal Energy Regulatory Commission mulls Energy Secretary Rick Perry's controversial proposal to pay coal and nuclear plants for providing grid resiliency and reliability services, it must grapple not only with complaints that the plan could undermine wholesale electricity markets, but also with concerns that it won't stand up in court.

  • January 1, 2018

    Calif. Real Estate Legislation To Watch In 2018

    California real estate lawyers will be watching how a number of new laws effective beginning of the year will play out and are particularly focused on affordable housing and the state's notorious environmental quality act. Here, Law360 looks at three areas of legislation and regulation Golden State real estate lawyers will be watching in 2018.

  • January 1, 2018

    The Biggest Environmental Cases To Watch In 2018

    Courts across the U.S. are poised to issue important rulings in environmental cases in the coming year, including a closely watched high court battle over where challenges to a rule defining the federal government’s jurisdiction under the Clean Water Act belong, and lawsuits seeking to reverse President Donald Trump’s moves to shrink national monuments. Here are the biggest environmental cases to watch in 2018.

  • January 1, 2018

    The Biggest Energy Cases To Watch In 2018

    There's an array of energy-related litigation that attorneys ought to have on their radar in the coming year, with battles over climate change, pipelines and solar energy imports all on the menu. Here are the biggest energy cases to watch in 2018.

  • January 1, 2018

    Pennsylvania Cases To Watch In 2018

    The Pennsylvania Supreme Court is gearing up for what attorneys say will be another busy year in 2018 as the justices face a string of high-profile appeals covering, among other issues, the authority of state environmental regulators to issue fines for ongoing pollution and attorney-client privilege in derivative disputes.

  • December 22, 2017

    Developer Accuses Ford Of Reneging On Land Cleanup

    A company looking to redevelop old Ford motor plant property in Michigan asked a federal court to toss Ford’s breach of contract suit over its refusal to proceed with the deal as originally planned, saying the automaker falsified environmental remediation reports about the land.

  • December 22, 2017

    DC Circ. Douses Challenge To FERC Hydro Payment Denial

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's rejection of a New York hydroelectric dam owner's bid to be credited for overpayments, saying the agency correctly held that a 2006 settlement resolved the issue and a subsequent D.C. Circuit ruling making such payments unlawful doesn't change that.

  • December 22, 2017

    DC Circ. Tells DOL To Revisit Part Of Silica Rule

    The D.C. Circuit on Friday ordered the U.S. Department of Labor to review its rule limiting workers’ exposure to silica, rejecting arguments from the U.S. Chamber of Commerce and other business groups but agreeing with a union coalition that the DOL did not "adequately explain" why it left out a provision allowing doctors to recommend pulling exposed workers off the job.

  • December 22, 2017

    Trump Signs $1.5T Tax Cut Legislation

    President Donald Trump signed the massive Republican tax bill into law Friday, marking the first major overhaul of the U.S. tax code  in over 30 years.

  • December 21, 2017

    Exxon Says Mass. Climate Change Suit Relies On Speculation

    Exxon Mobil Corp. on Wednesday urged a Massachusetts federal judge to toss the Conservation Law Foundation’s amended suit against it over a Boston-area petroleum storage terminal, arguing that the suit still asserts speculative climate change claims the court previously dismissed.

  • December 21, 2017

    Senate's Extenders Bill Prolongs Targeted Tax Benefits

    Senate Finance Committee Chairman Orrin G. Hatch, R-Utah, introduced a bill Wednesday that would renew expiring tax breaks that benefit the renewable energy industry, Native Americans and other groups.

  • December 21, 2017

    EPA Is Illegally Pushing Out Science Advisers, Suit Says

    A coalition of scientific advocacy groups and individuals filed suit Thursday against the head of the U.S. Environmental Protection Agency, arguing that a policy removing members of the agency’s scientific advisory committees for receiving EPA grants violated federal rules and was an effort to favor industry and deregulation.

  • December 21, 2017

    Raytheon Says Settlement Ended Bedford Clean-Up Liability

    Raytheon slammed a lawsuit filed by the U.S. government seeking money to pay for clean-up efforts at a Bedford, Massachusetts, missile development plant contaminated with hazardous chemicals, arguing that the liability claims were already settled in the early 1990s.

  • December 21, 2017

    Feds Bid For Quick Win In Border Wall Construction Suit

    The federal government on Wednesday asked a California federal court for a quick win in a suit brought by the state and several environmental organizations challenging the Trump administration’s plans to waive environmental laws so it can move forward with its border wall project.

  • December 21, 2017

    EPA Can't Ditch Enviro's Fluoride Fight, Calif. Judge Says

    A California federal judge on Thursday denied the U.S. Environmental Protection Agency’s bid to toss a lawsuit from Food & Water Watch and others seeking to ban drinking-water fluoridation, rejecting the agency’s assertion the advocates didn’t provide enough information to determine if the chemical poses an unreasonable risk.

  • December 21, 2017

    Fossil Fuel Cos. Hit With More Calif. Climate Lawsuits

    The City of Santa Cruz and Santa Cruz County on Wednesday became the latest to file lawsuits in California state court accusing a slew of major companies of knowingly causing climate change-related harm through the extraction and sale of their fossil fuels, spurring financial, environmental and public health costs.

  • December 21, 2017

    Enviros Seek Stay Of Millennium NY Gas Pipeline Project

    An environmental group on Wednesday asked the Second Circuit to block imminent construction on an eight-mile natural gas pipeline in New York, arguing that state regulators skirted Clean Water Act public input requirements to unlawfully authorize a project that will harm the public.

Expert Analysis

  • A New Approach To Climate Analysis Under NEPA?

    Avi Garbow

    The D.C. Circuit's recent decision in Sierra Club v. Federal Energy Regulatory Commission, and FERC’s response, point to the National Environmental Policy Act as possibly the next legal battleground over how federal agencies consider climate change, say attorneys with Gibson Dunn & Crutcher LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • DOE Proposal Offers Blatant Subsidies For Coal Industry

    Emma Hand

    The U.S. Department of Energy recently proposed that the Federal Energy Regulatory Commission effectively allow coal-fired power plants to charge higher prices based on their contribution to grid "resilience." It is remarkable to see oil and gas associations, utilities, consumer groups and renewable energy associations united in opposition to the proposal's accelerated timeline, say Emma Hand and Adam Brown of Dentons.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • It's Up To EPA, Congress To Act On Commerce Reg Reforms

    Charles Merrill

    The U.S. Commerce Department recently recommended major environmental regulatory revisions. But only Congress and the U.S. Environmental Protection Agency can make these changes. The outcome could be a few easy fixes, or an overhaul of existing programs, says Charles Merrill of Husch Blackwell LLP.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Massachusetts Emerges As An Energy Storage Leader

    Eric Runge

    The energy storage market is developing rapidly, thanks to both federal efforts and state policies like Massachusetts' Energy Storage Initiative. The state recently set an “aspirational” goal for the procurement of 200 megawatt-hours of energy storage capacity by 2020, putting Massachusetts in the energy storage vanguard, says Eric Runge of Day Pitney LLP.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.