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Environmental

  • 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.

  • July 26, 2018

    Klamath Tribes Can't Force Feds To Maintain Lake Levels

    A California federal judge on Wednesday rejected the Klamath Tribes' bid to force the federal government to maintain water levels in the Upper Klamath Lake in Oregon this irrigation season sufficient to protect two endangered fish species vital to their culture, and sent their suit to the Beaver State.

  • July 26, 2018

    New York City To Appeal Climate Suit Dismissal To 2nd Circ.

    New York City told a federal court Thursday that it would appeal a recent ruling throwing out its suit seeking to hold ExxonMobil, BP and other oil giants accountable for the cost of climate change-related infrastructure damage.

  • July 26, 2018

    Texas Plant To Pay $3.5M To Settle Enviros' Emissions Suit

    Pasadena Refining System Inc. has agreed to pay $3,525,000 and make pollution reduction upgrades at its petroleum refinery in Texas to settle Environment Texas and the Sierra Club's lawsuit alleging it exceeded emission limits at the facility, according to a deal the parties proposed Thursday.

  • July 26, 2018

    EPA Changes Tune As FERC Pipeline Comment Window Ends

    The public comment period on the Federal Energy Regulatory Commission's potential revision of its 20-year-old gas pipeline approval policy ended Wednesday, and highlights of the last-day submissions include the U.S. Environmental Protection Agency backtracking on earlier recommendations of tools FERC could use to evaluate the climate change impacts of projects.

  • July 26, 2018

    Lloyd's Insurer Can't Ditch Coverage Fight Over Oil Spill

    A Louisiana federal judge on Thursday declined to dismiss oil and gas producer Apollo Energy LLC’s complaint seeking coverage from a Lloyd’s of London underwriting group for the cleanup costs of an oil spill, giving Apollo the chance to amend the suit to assert a new theory supporting its claim.

  • July 26, 2018

    Wash. Tribes Urge Supreme Court To Rebuff Fishing Petition

    The Quileute Indian tribe and the Quinault Indian Nation on Wednesday urged the U.S. Supreme Court to reject a bid by another Washington state tribe to revisit a ruling on the tribes' fishing areas, saying the Ninth Circuit properly interpreted tribal treaty rights in its decision.

  • July 26, 2018

    NJ Meadowlands Authority Not Liable For Landfill Cleanup

    A New Jersey appeals court on Thursday agreed that an agency overseeing the zoning and regulatory efforts of the state’s Meadowlands region should not be required to shoulder any burden that may be placed on the town of Kearny in association with the cleanup of a landfill in the area.

  • July 26, 2018

    EPA Wants Navajo, States' Gold King Mine Claims Tossed

    The U.S. Environmental Protection Agency asked a New Mexico federal court to dismiss claims brought by New Mexico, Utah and the Navajo Nation over the 2015 Gold King Mine spill, arguing that the agency had been acting under its Comprehensive Environmental Response, Compensation and Liability Act authority.

  • July 26, 2018

    Activist Seeks 2nd Circ. Redo Over Cravath's Shell Docs

    A Nigerian environmental and human rights advocate has asked the Second Circuit to reconsider its decision blocking her from accessing Royal Dutch Shell documents held by Cravath Swaine & Moore, which were produced in discovery in a New York case, for use in a similar suit she is now pursuing in the Netherlands, saying the ruling ignored established precedent.

  • July 26, 2018

    EU Approves French Investment In Tidal Power Plant

    The European Commission on Thursday said France can invest in a €112 million ($130 million) tidal energy project after finding the facility, a pilot program designed to test tidal technology, will promote expansion of renewable energy sources. 

  • July 25, 2018

    3rd Circ. Affirms FERC Win In Religious Order's Pipeline Fight

    The Third Circuit agreed on Wednesday that a Roman Catholic religious order could not bring an independent lawsuit under the Religious Freedom Restoration Act to challenge approvals from the Federal Energy Regulatory Commission for the controversial Atlantic Sunrise natural gas pipeline.

  • July 25, 2018

    Firm, Public Defender Spar Over Client In 9th Circ. CWA Case

    An unusual drama over client representation has broken out in a Ninth Circuit Clean Water Act case destined for the U.S. Supreme Court, with a public defender accusing the Pacific Legal Foundation of improperly cultivating a relationship with his client without his knowledge.

  • July 25, 2018

    4th Circ. Says Court Can't Referee Eminent Domain Fight

    The Fourth Circuit refused Wednesday to revive a challenge to the Federal Energy Regulatory Commission's eminent domain authority from landowners who own property in the path of the $3.5 billion Mountain Valley natural gas pipeline, saying a lower court correctly concluded it couldn’t consider the case.

  • July 25, 2018

    Bank Watchdog Escapes RICO Suit Over Pipeline Opposition

    A North Dakota federal judge on Tuesday nixed accusations by the Energy Transfer entities operating the Dakota Access pipeline that a banking transparency watchdog was linked to an "ecoterrorism" campaign that impeded the controversial pipeline's construction, saying the group's advocacy doesn't come close to a Racketeer Influenced and Corrupt Organizations Act violation.

  • July 25, 2018

    Fenwick-Led Bloom Energy Leads 2 IPOs Raising $337.5M

    Advised by Fenwick & West LLP, clean energy power generator Bloom Energy Corp. opened trading in its initial public offering on Wednesday morning, as did the Dechert LLP-led pharmaceutical company Aquestive Therapeutics Inc., with each opening at a $15 share price and combined raising a projected $337.5 million.

Expert Analysis

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • 5 Takeaways From Tax Court's Solar Project Ruling

    David Burton

    In the matter of Golan v. Commissioner of Internal Revenue, the U.S. Tax Court sustained the taxpayer's energy credit and bonus depreciation deductions. In this unusual case where the IRS had the burden of proof, attorneys from Mayer Brown LLP discuss five interesting takeaways.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • High Court Passes On New Chance To Clarify CWA Confusion

    Andrea Driggs

    With its recent decision in Hughes v. United States, the U.S. Supreme Court has passed on an opportunity to shed light on its prior rulings on the statutory reach of the federal Clean Water Act, long a source of confusion for lower courts and litigants alike, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • What To Know About Proposed Chemical Safety Reg Changes

    Shannon Broome

    Durable reform of existing regulations requires hard work. The U.S. Environmental Protection Agency's recently proposed revisions of a core Obama administration midnight rule — the Risk Management Plan program for certain chemical, refining and general manufacturing facilities — demonstrate how this work is done, say attorneys with Hunton Andrews Kurth LLP.

  • Congress’ Overlooked Environmental Legislation

    Rachel Jacobson

    The House recently passed — and now the Senate is considering — the most important piece of energy and environmental legislation it will consider all year. It isn’t a revision to the Endangered Species Act or the Clean Water Act. It's the National Defense Authorization Act, say attorneys with WilmerHale.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.