Environmental

  • May 4, 2018

    Con Edison Is Hampering Fluid Leak Fix, PSE&G Tells FERC

    Public Service Electric and Gas Co. asked the Federal Energy Regulatory Commission on Thursday to force Consolidated Edison Co. of New York Inc. to pitch in on removing dielectric fluid from damaged underwater transmission lines that the utilities co-own, in order to prevent further leakage into the Hudson River.

  • May 4, 2018

    Dem AGs Back California Cities In Big Oil Climate Fight

    Democratic attorneys general from California, New Jersey and Washington on Thursday threw their weight behind Oakland's and San Francisco's bids to hold oil giants liable for climate change-related infrastructure damage, in a direct riposte to several Republican state attorneys general who support the companies' bid to nix the suits.

  • May 4, 2018

    Enviros Say Pa. DEP Bungled Frack Waste Well Permit

    A Pennsylvania environmental group is accusing regulators of placing insufficient conditions on a controversial underground disposal well, one of the few granted approval in the state for injection and storage of wastewater from hydraulic fracturing, according to an Environmental Hearing Board appeal filed Thursday.

  • May 4, 2018

    Perkins Coie Nabs Tech, VC Partner From DLA Piper

    Perkins Coie LLP said it has hired a former DLA Piper partner who has represented startups and technology clients in the health care, e-commerce, biotech and renewable energy industries to head Perkins Coie's emerging companies and venture capital practice in Arizona.

  • May 4, 2018

    Citing Climate Initiatives, Allianz To Halt Coal-Only Cover

    Allianz SE will immediately cease selling cover to power plants fired only by coal and coal mines, and plans to withdraw completely from insuring coal-based businesses by 2040, Europe’s largest insurer said Friday, as part of its effort to meet the demands of the Paris climate accord.

  • May 3, 2018

    Native American Dancer Seeks New DOI Rule On Feathers

    A Native American dancer urged the U.S. Fish and Wildlife Service on Thursday to create a rule to loosen its restrictions on the use of eagle feathers for religious purposes, saying the government’s current policy amounts to a ban on possessing the feathers for those who don’t belong to federally recognized tribes.

  • May 3, 2018

    Mining Co. Wants Wis. Tribe's Wetlands Permit Suit Tossed

    A mining company urged a Wisconsin federal judge Wednesday to toss a tribe’s challenge to Michigan’s authority to review the company’s wetlands permit application, arguing that neither the U.S. Environmental Protection Agency nor the U.S. Army Corps of Engineers shirked a mandatory duty by not taking over the review.

  • May 3, 2018

    Oakland, SF Say Climate Change Fight Belongs In Court

    Oakland and San Francisco on Thursday urged a California federal judge to keep alive their suits seeking to hold oil giants liable for climate change-related infrastructure damage, saying federal law makes a place for their claims and the companies' activities can be sufficiently tied to the Golden State.

  • May 3, 2018

    Class Cert. Denied In $1B Toxins Suit Against Pratt & Whitney

    Pratt & Whitney scored a big win as a Florida federal judge denied a bid to certify a class of property owners claiming $1 billion in damages from contamination from the company's rocket and aerospace testing and manufacturing plant in western Palm Beach County.

  • May 3, 2018

    States, Auto Groups Weigh In On Fuel Economy Penalties

    A group of states and an environmental organization on Wednesday asked the National Highway Traffic Safety Administration not to block an increase in penalties for automakers that don’t meet fuel efficiency standards, while industry groups backed the agency’s decision to nix the increase.

  • May 3, 2018

    Ky. Agency Urges Dismissal Of Coal Ash Suit At 6th Circ.

    The Kentucky Energy and Environment Cabinet pressed the Sixth Circuit on Wednesday to cement the dismissal of a lawsuit brought by environmental groups over alleged coal ash pollution at a Kentucky Utilities Co. power plant that sits on the banks of Herrington Lake.

  • May 3, 2018

    $639M Calif. Pipeline Unneeded, Judge Tells State Regulator

    An administrative law judge on Wednesday urged a California utility regulator to reject San Diego Gas & Electric Co.'s proposed $639 million natural gas pipeline project, saying the project isn't needed in light of declining demand and the Golden State's apparent intent to move away from fossil fuel use.

  • May 3, 2018

    W.Va. Regulators Lift Block On $4.2B ETP Pipeline Work

    West Virginia environmental regulators on Wednesday said Energy Transfer Partners LP could resume construction of a portion of its $4.2 billion Rover natural gas pipeline after the company submitted a plan to correct violations of its water pollution control permit.

  • May 3, 2018

    Ex-Volkswagen US Exec Wants Bondholders' Fraud Suit Nixed

    The former CEO of Volkswagen’s U.S. unit told a California federal judge Wednesday that a proposed class of bondholders cannot establish that he knowingly helped issue misleading bond offering documents concealing the 2015 diesel emissions scandal.

  • May 3, 2018

    Ex-VW CEO Indicted Over Emissions Scandal

    The former chief executive officer of Volkswagen AG, Martin Winterkorn, has been charged with conspiring to mislead the U.S. government over the automaker’s emissions-cheating scandal, according to an indictment unsealed in Michigan federal court Thursday.

  • May 3, 2018

    Hanergy Wins Bid For $7.2M In PSEG Solar Contract Row

    Hanergy America Solar Solutions' bid to be paid about $7.2 million under a contract for a solar power project it developed and sold to a PSEG Inc. unit has been approved by a California federal judge, who said there's no dispute that Hanergy lived up to its side of the deal.

  • May 3, 2018

    Slawson To End North Dakota Drilling Suit After Permit Win

    Slawson Exploration Co. Inc. on Thursday notified a North Dakota federal court it was ending its suit against the U.S. Department of the Interior after an administrative hearing favored the company and allowed it to continue oil and gas drilling in the state in the face of a challenge by the Mandan Hidatsa and Arikara Nation.

  • May 3, 2018

    Pa. PUC Restarts Sunoco Pipeline After Sinkhole Worries

    The Pennsylvania Public Utility Commission voted Thursday to allow a Sunoco Inc. unit to restart operations on the Mariner East 1 natural gas pipeline two months after it was shut down for an investigation into sinkholes that were discovered along a portion of its route outside of Philadelphia.

  • May 3, 2018

    Enbridge Unit Sues To End Mass. Town’s Pipeline Holdup

    A division of Canadian energy provider Enbridge Inc. is looking to put an end to an ongoing squabble with a Massachusetts town so it can build a federally approved natural gas compressor station there, according to a lawsuit filed Thursday.

  • May 3, 2018

    ND Levee Work Can Resume Amid $2B Flood Project Dispute

    A Minnesota federal judge on Wednesday approved a request to allow construction of flood mitigation measures in North Dakota while a legal dispute regarding the legality of a $2.2 billion project aiming to calm part of the Red River located between Minnesota and North Dakota continues.

Expert Analysis

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Will UN Electric Vehicle Regs Live Up To Billing?

    Anurag Maheshwary

    Aspiring to close the gaps between differences in American, European and Chinese approaches to regulating electric vehicle safety, the United Nations recently completed development of a Global Technical Regulation. Anurag Maheshwary, an attorney at the U.S. Department of Justice, reviews the notable features of the GTR and explores its impact on improving safety compared to existing regulations.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • How Settling With The Gov't Is Costlier Under New Tax Law

    Marvin Kirsner

    A provision in the Tax Cuts and Jobs Act greatly expands the scope of the disallowance of deductions for fines and penalties paid to government agencies. This will make it costlier for a company to settle claims of violation of laws and regulations brought by federal, state or local agencies, or even foreign governments, says Marvin Kirsner of Greenberg Traurig LLP.

  • FERC Has Options If Court Pulls Pipeline Certificates

    Randall Rich

    The D.C. Circuit recently denied petitions for rehearing filed by the Federal Energy Regulatory Commission and a group of pipeline companies, and might soon vacate FERC’s orders authorizing the Florida Southeast Connection pipelines. FERC and the pipeline operators face the question of how and whether the pipelines could keep operating without certificates, says Randall Rich of Pierce Atwood LLP.