• March 2, 2018

    EPA Restores Chesapeake Bay Paper Funding After Outcry

    A regional newspaper covering environmental issues affecting the Chesapeake Bay on Friday said it won its battle to regain funding from the U.S. Environmental Protection Agency after it was abruptly cut last summer.

  • March 2, 2018

    Exxon Wants To Probe Calif. Officials On Their Climate Suits

    Exxon told a Texas state court on Thursday that it should be able to take testimony from attorneys and California public officials it believes are leading a politically charged effort to squash the company’s free speech rights by suing the oil giant over its alleged climate change liability.

  • March 2, 2018

    Skelos, Son Seek To Dismiss Case Citing McDonnell

    Former New York State Senate leader Dean Skelos and his son, Adam, who last year convinced an appeals court to overturn their corruption convictions, urged a Manhattan federal judge Thursday to dismiss the case, saying that the U.S. Supreme Court’s ruling in McDonnell v. U.S. requires it.

  • March 2, 2018

    Feds, Md. Slam Group's Challenge To Purple Line Rail Funding

    Federal and Maryland transportation officials told a D.C. judge Thursday that local residents seeking to derail construction of the $5.6 billion Purple Line do not have standing to challenge the federal funding agreement for the project.

  • March 2, 2018

    Water District Too Late To Sue Northrop Grumman: 2nd Circ.

    Northrop Grumman won’t have to face legal claims over large-scale drinking water contamination from the aerospace and defense company’s old flagship manufacturing complex on Long Island, a New York federal appeals court ruled Friday, finding the local water district’s concerted response long predated its suit.

  • March 2, 2018

    Dutch Energy Storage, Auto Recharging Co. Announces IPO

    Alfen Beheer BV, a Dutch company that sells smart grid products, electric vehicle charging stations and energy storage systems, on Thursday said that it will be conducting an initial public offering on the Euronext Amsterdam exchange.

  • March 2, 2018

    Pa. DEP OKs Permits For Birdsboro Natural Gas Power Plant

    Environmental regulators in Pennsylvania on Friday said that they had signed off on permits clearing the way for construction of a new Birdsboro Power LLC 450-megawatt natural gas power plant to be located about 50 miles outside of Philadelphia.

  • March 2, 2018

    Enviros Urge NJ High Court To Review $225M Exxon Deal

    Environmental groups on Thursday urged the New Jersey Supreme Court to review a state appellate court's refusal to second-guess the Garden State’s controversial $225 million settlement with Exxon Mobil Corp. over contamination from its refineries and gas stations, which the green groups were barred from contesting.

  • March 2, 2018

    Neighborhood Group Fights EPA, Corps Bid To Nix Water Suit

    A Massachusetts neighborhood group told a federal court on Friday that federal agencies have an obligation to investigate potential violations of the Clean Water Act, fighting the government’s bid to dismiss its suit over a proposed two-house development in the town the neighbors say is spoiling their groundwater.

  • March 2, 2018

    Feds Urged For View On Where To Hear Climate Tort Claims

    The California federal judge who refused to remand to state court San Francisco and Oakland's climate change torts against Exxon, BP and others asked the U.S. government late Thursday to weigh in on whether the cities' claims should be governed by federal common law, a question he's already certified for interlocutory appeal. 

  • March 2, 2018

    Nuclear Subsidies, Tax Bill Top NJ Rate Watchdog's Agenda

    The New Jersey Division of Rate Counsel will be busy going to bat for utility ratepayers in the coming months by fighting legislation calling for a $300 million subsidy for Public Service Enterprise Group Inc.'s nuclear plants and hunting for savings that utilities may owe consumers in the wake of recent federal tax legislation, according to division Director Stefanie Brand.

  • March 1, 2018

    Pa. DEP Chief Defends Hike In Gas Well Permit Fees

    The head of Pennsylvania's Department of Environmental Protection on Thursday defended a proposed increase for oil and gas well permitting fees, telling state legislators the hike to $12,500 is designed to promptly provide the necessary staffing to process permit applications.

  • March 1, 2018

    Int'l Paper Co. Beats Fla. Flood Class Action At Trial

    A federal jury in Florida has found that International Paper Co. was not negligent in the design, maintenance or operation of an abandoned dam at one of its paper mills, beating a class of homeowners who claimed the company was liable for flooding of their homes.

  • March 1, 2018

    Novel Ruling Redraws Battle Lines Of Climate Change Suits

    A recent ruling that the alleged global warming liability of Exxon, BP and other fossil fuel producers is a question of federal law creates a new avenue for climate change tort litigation and sets the stage for proponents and critics of climate science to cross swords before federal judges, experts say.

  • March 1, 2018

    EPA Eases Methane Standards, Eyes Relaxed Coal Ash Rule

    The U.S. Environmental Protection Agency on Thursday eased methane standards for new oil and gas industry sources and took steps to relax a coal ash disposal rule, the latest in a series of moves undoing regulations imposed by the Obama administration.

  • March 1, 2018

    Mass. Board Wants Sports Betting On Par With Black Market

    The Massachusetts Gaming Commission on Thursday released a report tackling sports betting if it becomes legal in the state, stressing the need to make gambling easy to access online and comparable to what is already being offered by black-market bookies. 

  • March 1, 2018

    Maui Asks 9th Circ. To Revisit CWA Groundwater Finding

    The county of Maui, Hawaii, on Thursday asked the Ninth Circuit to reconsider a panel finding that wastewater injections whose pollution reaches navigable U.S. waters via groundwater are subject to Clean Water Act permitting requirements.

  • March 1, 2018

    Former NJ Utility, Enviro Regulator Joins Florio Perrucci

    Florio Perrucci Steinhardt & Cappelli LLC has added attorney Scott Weiner, who previously helmed New Jersey’s utility regulation and environmental protection departments, to its New Rochelle outpost, where he’ll lead the firm’s energy practice.

  • March 1, 2018

    9th Circ. Backs FWS Decision To End Otter Program

    The Ninth Circuit rejected a challenge by a group of commercial fishing organizations to the U.S. Fish and Wildlife Service’s decision to end a failed sea otter conservation program, finding Thursday that the fishermen’s contention that the program couldn’t stop made “no sense whatsoever.”

  • March 1, 2018

    Nat’l Monument Cut Benefited Utah Lawmaker, Watchdog Told

    A conservation group said Thursday it is asking the U.S. Department of the Interior’s inspector general to conduct a formal investigation into the modified boundaries of the Grand Staircase-Escalante National Monument, claiming a Utah state legislator is personally profiting from the changes.

Expert Analysis

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • 5th Circ. Broadens Oil Pollution Act Liability

    Christopher Hannan

    In U.S. v. American Commercial Lines, the Fifth Circuit offered only narrow limitations to liability under the Oil Pollution Act. Based on this recent ruling, full liability may be triggered by any act or omission that occurs as a result of a contractual relationship, say Christopher Hannan and Kat Statman of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • Catching Our Balance: Opportunities For ESA Reform

    Kerry McGrath

    When Congress enacted the Endangered Species Act, it emphasized the need to strike the proper balance between protecting species and allowing productive human activities. Now, the Trump administration has the opportunity — and seemingly, the appetite — to do more to refine the ESA program, says Kerry McGrath of Hunton & Williams LLP.

  • Ohio's New Practical Approach To Waste Management

    David Edelstein

    Ohio will soon join Texas and New Jersey as the only states to regulate “paint and paint-related waste” as universal waste under the Resource Conservation and Recovery Act. The move is a positive change for Ohio industries from both an economic and “practicality of handling waste” perspective, says David Edelstein of Vorys Sater Seymour and Pease LLP.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • New Wine In Old Bottles: RCRA's Anti-Duplication Clause

    Anthony Cavender

    Last month, the Ninth Circuit became the latest federal appellate court to consider the implications of the anti-duplication provision of the Resource Conservation and Recovery Act. This is an important decision because it further clarifies the limiting scope of this provision, which is unique to RCRA, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • Reviewing 2017's CEQA Legislative And Regulatory Activity

    Arthur Coon

    As another year draws near its close, a number of notable California Environmental Quality Act developments in both the legislative and regulatory arenas bear mention, including one proposed regulation that is already outdated due to its conflict with a recent Fifth District decision, says Arthur Coon of Miller Starr Regalia.