Hopi Tribe officials urged the federal government to take action in light of news that two companies have backed out of talks to take over ownership and operation of the coal-fired Navajo Generating Station, saying moving forward with the facility’s scheduled shutdown next year could lead to an economic crisis for the tribe.
The man known as the deal-closer in a $54 million Ponzi scheme rooted in bogus investments involving land and green energy preyed upon unsophisticated investors, such as widows and retirees, and squandered their money on a lavish lifestyle, a federal prosecutor told a Pennsylvania federal jury on Tuesday.
The question of whether the Clean Water Act’s reach extends to some groundwater pollution was already a contender for U.S. Supreme Court review, and the Sixth Circuit has improved the odds the high court will weigh in by landing firmly on the opposite side of the Fourth and Ninth circuits on the matter.
A Montana federal judge threw out the U.S. Fish and Wildlife Service’s decision to remove Endangered Species Act protections for the Yellowstone population of grizzly bear, saying the federal government didn’t sufficiently look at the consequences of the move on the bear’s overall population.
Standard Chartered PLC announced on Tuesday that it will no longer provide financing for new coal-fired power plants, as the bank joins other lenders and insurers taking steps to move away from fossil fuels in a bid to combat climate change.
The California federal judge overseeing multidistrict litigation over consumers’ claims Monsanto’s Roundup weedkiller caused their cancer sought Monday to find more potential bellwether cases to bulk up options for trials slated for February and May.
The Sixth Circuit said Monday the Clean Water Act can't be used to regulate pollutants that travel from a source through groundwater before entering navigable waters, in a split from Fourth and Ninth circuit rulings on the law's reach.
A D.C. federal judge on Monday denied President Donald Trump’s bid to transfer to Utah two consolidated suits challenging his decision to slash the size of the Bears Ears and Grand Staircase-Escalante national monuments, ordering that the government must give 48 hours’ notice before disturbing any ground.
An Idaho federal court has sided with environmental groups that alleged the Bureau of Land Management’s new oil and gas leasing policy likely violated the law, issuing a preliminary injunction that restored previous provisions concerning public participation.
Environmental groups, buoyed by an increase in donations, new pro bono assistance and staff willing to put in long hours amid the Trump administration's rollbacks of environmental regulations, have leveraged those resources to score victories like information requests that contributed to the resignation of the U.S. Environmental Protection Agency administrator and blocking controversial rule delays.
An Alabama chemical company can’t get a refund on import duties paid on shipments from India during a lapse in a U.S. trade preference program that eliminated duties on certain imports from developing nations, the U.S. Court of International Trade found in a Monday decision.
Regional grid operator ISO New England's plan to pay struggling power plants in the name of regional fuel security could saddle consumers with more than $1 billion worth of unjust and unreasonable rates if approved by the Federal Energy Regulatory Commission, the Massachusetts attorney general's office said Friday.
The Golden State Water Co. has accused the Dow Chemical Co., Shell Oil Co. and others of product liability violations for contaminating drinking water with unsafe amounts of TCP, a toxic chemical found in agricultural and other products, according to a complaint filed Friday in California federal court.
An environmental group filed suit against the City of Houston on Friday, alleging its sewer system has overflowed thousands of times over the last several years in violation of its Clean Water Act permit, an action that the federal government has moved to block.
Seventh Circuit judges said during oral argument Friday that they would have to “utterly negate” state appellate decisions to provide relief to two Colorado energy companies that want clearance from Illinois to dispose of acid waste in underground injection wells.
A New York federal judge granted Barrick Gold Corp.’s motion to dismiss a class action claiming the company misstated problems that led to a chemical spill at its Veladero mine in Argentina, finding the company’s allegedly misleading public statements were either forward-looking or not inherently false.
Illinois-based medical supply company Medline Industries Inc. struck an agreement with the U.S. Environmental Protection Agency to pay nearly $5 million over allegations that it distributed isopropyl wipes with claims it would kill germs without registering the product as a pesticide, as it should have been.
Independent power producers on Friday said the Seventh Circuit issued a legally flawed decision backing Illinois' program propping up struggling nuclear power plants, but added that they haven't yet decided if they will seek rehearing or will appeal the ruling to the U.S. Supreme Court.
An Oklahoma landowner has asked the Tenth Circuit to rehear his suit claiming the U.S. Bureau of Indian Affairs let an energy exploration company drill on his land without an environmental review, saying a circuit panel erred in finding that the statute of limitations barred him from filing suit.
A developer asked a Pennsylvania appeals court on Thursday to rehear its suit alleging it was defamed by an environmental group as the two competed over the development of a contaminated industrial site, saying the court's finding that the group’s comments were protected speech is inconsistent with prior rulings.
On July 6, the D.C. Circuit torpedoed a hydroelectric license renewal issued in 2013 because the Federal Energy Regulatory Commission and the U.S. Fish and Wildlife Service did not consider environmental damage already caused by the project. In doing so, the court rejected FERC’s long-standing practice of using existing conditions and operations as an environmental baseline, say attorneys at Davis Wright Tremaine LLP.
The use of genetic testing in tort litigation is relatively new. Such testing may uncover one or more gene variants that help identify individuals at an increased risk of developing a disease. Whole genome sequencing can be the best and most appropriate approach for toxic tort civil litigation, say Kirk Hartley and David Schwartz of ToxicoGenomica.
While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.
People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.
An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.
Genomic data and technologies can assist both plaintiffs and defendants in toxic tort and personal injury cases in uncovering the underlying causes of disease. In coming years, the influence of genomics in civil law will be even broader than its influence in criminal law, say attorney Kirk Hartley and scientific consultant David Schwartz of ToxicoGenomica.
As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.
Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.
Notice 2018-59, issued last month by the Internal Revenue Service, confirms that standards and safe harbors previously defined for wind energy projects can be used with solar energy projects. Project sponsors can now act with greater certainty in making solar investments, say Jon Nelsen, Michael Didriksen and Peter Farrell of Baker Botts LLP.
Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.