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Environmental

  • August 1, 2018

    4th Circ. Backs Water Permit For Mountain Valley Pipeline

    The Fourth Circuit on Wednesday affirmed a Virginia regulator’s decision to grant a crucial water quality permit for the $3.5 billion Mountain Valley Pipeline, ruling the state's review ensured that the project would not cause undue environmental harm.

  • July 31, 2018

    Fla. ALJ Says Fracking Outside Scope Of Power Plant App

    An administrative law judge on Monday recommended allowing Florida Power & Light Co. to begin building a new electrical power generation facility, saying concerns that the natural gas pipeline used to transport fuel to the facility is involved with fracking are outside the scope of a review of the company’s application for the construction.

  • July 31, 2018

    Monsanto Expert Rips Studies Linking Herbicide To Cancer

    A Harvard associate professor of epidemiology testified Tuesday in a landmark California state jury trial over claims Monsanto's herbicides gave a school groundskeeper lymphoma that multiple epidemiological studies over the past two decades show no causal link between the herbicides' active ingredient and cancer, and that statistics showing links are biased.

  • July 31, 2018

    Enviros Urge High Court To Take A Fresh Look At CPP Stay

    Environmental and health groups have urged the U.S. Supreme Court to make the U.S. Environmental Protection Agency and opponents of the Clean Power Plan explain why the high court’s stay of the rule should be kept up even though litigation over it has come to a standstill amid a regulatory rethink.

  • July 31, 2018

    6th Circ. Urged To Rethink Class Issues In Dayton Toxic Tort

    Four companies have urged the full Sixth Circuit to rethink a panel’s recent ruling cementing the certification for classwide treatment of certain issues in a group of Dayton, Ohio, residents’ lawsuit accusing them of groundwater pollution, saying that the panel’s ruling “opened the virtual class action floodgates.”

  • July 31, 2018

    Enviros Take Fight Over Methane Rule Delay To 10th Circ.

    A Wyoming federal court overstepped its authority when it delayed the implementation of certain parts of an Obama-era rule restricting methane emissions from natural gas wells on public and tribal lands, a group of environmental advocates and states asserted, urging the Tenth Circuit to vacate the order.

  • July 31, 2018

    Cummins To Recall 500K Trucks Over Faulty Emissions

    Trucking giant Cummins Inc. will recall about 500,000 medium- and heavy-duty trucks whose faulty emissions control systems spew too much nitrogen oxides, the U.S. Environmental Protection Agency and the California Air Resources Board said Tuesday.

  • July 31, 2018

    NY's Tribal Fishing Prosecutions Won't Be Blocked By Judge

    A New York federal judge Tuesday denied an injunction sought by three Shinnecock Indian Nation members who contend the state and Suffolk County have illegally prosecuted them for fishing near the tribe’s Long Island reservation.

  • July 31, 2018

    DC Circ. Upholds Auction Exemption For Renewables In NE

    The D.C. Circuit on Tuesday rejected challenges to the Federal Energy Regulatory Commission’s approval of a renewable energy exemption from a price floor rule in New England wholesale electricity auctions, saying FERC reasonably concluded that the exemption produced just and reasonable rates.

  • July 31, 2018

    DC Circ. Won't Block Dominion Power Line Work Amid Appeal

    A D.C. Circuit panel declined Tuesday to halt the construction of electric transmission towers for a Dominion Energy Inc. project while conservationists appeal a lower court decision nixing their challenge to the U.S. Army Corps of Engineers' approval of the project crossing Virginia's James River.

  • July 31, 2018

    States Want To Kill Water Rule Despite Possible Repeal

    Several states asked a North Dakota federal court to kill an Obama-era rule that defined the reach of the Clean Water Act, saying that, despite possible repeal of the rule, they would not have regulatory certainty until the U.S. Environmental Protection Agency and Army Corps of Engineers measure is struck down.

  • July 31, 2018

    Navistar Competitors Want EPA Docs Kept From Ex-CEO

    Caterpillar Inc., Deere & Co. and other manufacturers urged an Illinois federal judge on Monday not to allow the disclosure of their compliance records with the Clean Air Act in the U.S. Securities and Exchange Commission’s lawsuit against Navistar International Corp.’s former CEO, saying those documents contain trade secrets.

  • July 30, 2018

    Attorneys General Urge High Court To Let EPA Ban HFCs

    A group of state attorneys general have asked the U.S. Supreme Court to overturn a ruling that the U.S. Environmental Protection Agency cannot force manufacturers to stop using hydrofluorocarbons, saying the decision endangered both the environment and businesses.

  • July 30, 2018

    Maine Tribe Says Water Row Shouldn't Wait For EPA Rethink

    The Penobscot Nation urged a federal judge Sunday not to stay Maine’s suit seeking to vacate U.S. Environmental Protection Agency decisions disapproving certain quality standards for waters near tribal lands, after the agency said it wanted to change the decisions being challenged in the case and asked the court to put the case on hold while that request is considered.

  • 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.

Expert Analysis

  • 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.

  • 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.