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Environmental

  • 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.

  • July 27, 2018

    Monsanto Herbicide's Link To Cancer Sound, Jury Told

    An agricultural economist refuted Monsanto's assertion that the World Health Organization’s International Agency for Research on Cancer "cherry picked" studies to conclude that Monsanto's herbicides cause cancer, testifying during a landmark California jury trial Friday that the IARC based its findings on sound science.

  • July 27, 2018

    Union Pacific Dodges Asarco's Superfund Cleanup Claim

    An Idaho federal judge on Thursday shot down Asarco LLC’s bid to hold Union Pacific Corp. financially responsible for a portion of more than $400 million the mining company paid to help clean up a Superfund site in the state.

  • July 27, 2018

    Green Groups, Pa. Settle Row Over Sunoco Pipeline Permits

    Three environmental groups on Friday announced a settlement with the Pennsylvania Department of Environmental Protection concerning their challenge to construction-related permits the state agency issued for a Sunoco Inc. unit's controversial Mariner East 2 natural gas pipeline.

  • July 27, 2018

    DC Circ. Upholds FERC's Approval Of $971M Pipeline Project

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's approval of an Enbridge Inc. unit's $971 million natural gas pipeline improvement project in the Northeast, rejecting challenges from green groups that said FERC inadequately assessed environmental impacts.

  • July 27, 2018

    BP's Federal Bid To Escape Tribal Enviro Suit Tossed As Moot

    A Nevada federal judge has tossed as moot a suit from two BP units that sought to bar the Yerington Paiute Tribe from suing them in tribal court over environmental damage at an abandoned copper mine, noting that the underlying tribal court suit had been dismissed.

  • July 27, 2018

    4th Circ. Nixes Forest Service, BLM OKs For W.Va. Pipeline

    The Fourth Circuit on Friday struck down U.S. Forest Service and Bureau of Land Management approvals for portions of the $3.5 billion Mountain Valley pipeline, giving a win to environmentalists who said the government improperly deferred to the pipeline developer without explaining itself.

  • July 27, 2018

    Minn. Tribe Says Lake Pollution Suit Steps On EPA’s Toes

    The Bois Forte Band of Chippewa urged a Minnesota federal judge Thursday to toss claims by an environmental group that the tribe’s wastewater treatment facility has been polluting a nearby lake, saying the suit can’t go forward because the U.S. Environmental Protection Agency is already tackling the problem.

  • July 27, 2018

    Fed. Circ. Vacates $207M Win For Wind Farms In Grant Case

    The Federal Circuit on Friday vacated and remanded a decision by the U.S. Court of Federal Claims that found the government owed the owners of California-based wind farms nearly $207 million in cash grants after the U.S. Department of Treasury undervalued their cost basis.

  • July 27, 2018

    EU Approves €500M German Green Rail Investment

    European Union antitrust authorities announced Friday that they had given the all-clear, under EU state aid rules for environmental projects, to a German plan to spend €500 million ($583 million) compensating electric rail companies for energy efficiency investments.

  • 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.

Expert Analysis

  • 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.

  • Will Your Business Be Ready For The New Calif. Prop 65?

    Jodi Smith

    The revised California Safe Drinking Water and Toxic Enforcement Act, better known as Proposition 65, will require companies to use new product warnings by September. The new warning scheme is considerably more complicated, but provides more clarity as to what will be considered a clear and reasonable warning, says Jodi Smith of Jeffer Mangels Butler & Mitchell LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.