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Environmental

  • June 5, 2018

    Trenk DiPasquale Must Produce Hard Drives In Ex-Client Row

    Trenk DiPasquale Della Fera & Sodono PC must produce multiple computer hard drives for a forensics analysis as part of a lawsuit brought by one of its former clients, a defunct New Jersey water agency accusing the law firm of enabling the unlawful and wasteful conduct that led to the outfit's demise, a New Jersey bankruptcy judge has ruled.

  • June 5, 2018

    10th Circ. Greenlights Appeal Of Methane Rule's Stay

    The Tenth Circuit said Monday that California, New Mexico and several conservation groups may continue their appeal of a Wyoming federal judge’s stay of the implementation of an Obama-era rule that would put restrictions on natural gas wells on public and tribal lands.

  • June 5, 2018

    Trump's Coal, Nuke Bailout Push Has Legal Legs: FERC Chair

    President Donald Trump's controversial call for the U.S. Department of Energy to immediately prop up struggling coal and nuclear power plants has roiled the U.S. electric industry, but Federal Energy Regulatory Commission Chairman Kevin McIntyre said Tuesday that there is valid law on the president's side.

  • June 4, 2018

    North Carolina Bridge's Approval Survives NEPA Challenge

    A federal judge on Monday held that the North Carolina Department of Transportation and the Federal Highway Administration complied with the National Environmental Policy Act and other federal laws when approving a bridge in the Outer Banks, despite assertions to the contrary by a nonprofit group that opposes its construction.

  • June 4, 2018

    Olin Blasts Bid For Win By Lamorak After $55M Order

    Chemical maker Olin Corp. has asked a New York federal court to shut down Lamorak Insurance Co.'s request to go after fellow insurers to pay off a $130 million judgment, saying it would reward Lamorak for bad behavior and punish the other insurers for settling early on.

  • June 4, 2018

    High Court's Narrow Ruling Leaves Water Law Questions Open

    The U.S. Supreme Court on Monday issued a criminal sentencing ruling that sidestepped a larger issue of how fragmented 4-1-4 decisions should be interpreted by lower courts — something environmental attorneys had been watching for its importance to the ongoing battle over the Clean Water Act's reach.

  • June 4, 2018

    Honeywell Sues Exxon, Buckeye For NY Lake Cleanup Costs

    Honeywell International Inc. on Friday filed suit against Exxon Mobil and another oil company in New York federal court seeking declarations that the companies’ former operations in an area called “Oil City” make them partially responsible for the nearby Onondaga Lake area's remediation costs.

  • June 4, 2018

    5th Circ. Nixes Texas' Suit Over Yucca Mountain License

    The Fifth Circuit on Friday tossed a lawsuit with which Texas sought to force a decision by the federal government on the licensing of a proposed nuclear waste repository at Nevada's Yucca Mountain, finding that the Lone Star State brought its claims too late.

  • June 4, 2018

    Tribes Denied In Bid To Stop Crab Fishery Plan In Wash.

    A Washington federal judge on Friday denied bids from various tribes for a temporary restraining order barring the Lummi Nation from carrying out a crab fishery plan in an area of water that encompasses Skagit Bay, saying that the Lummi has already said it doesn't have any plans to actually fish the waters.

  • June 4, 2018

    Alaska Tribe, Enviros Seek Quick Win In BLM Mining Suit

    An Alaskan tribe and three conservation groups on Friday urged a federal court to grant them summary judgment in their challenge to U.S. Bureau of Land Management decisions allowing a mining exploration project to go forward, saying the agency wasn’t allowed to put off environmental analysis required under federal law.

  • June 4, 2018

    Enviros Slam EPA On Chemical Risk Evaluation Moves

    The U.S. Environmental Protection Agency released new guidelines Friday on how it will evaluate the risks of 10 important pollutants, including asbestos, but green groups slammed the move as an attempt to avoid serious regulation.

  • June 4, 2018

    Daimler Units Dropped From German Auto Antitrust MDL

    A group of Daimler AG subsidiaries have exited multidistrict litigation against German luxury car makers accused of conspiring to limit innovation by trading sensitive technical information on technology, costs, suppliers and emissions equipment, according to a dismissal order signed on Friday.

  • June 4, 2018

    MPs Demand Pension Laws On Climate Change Investment

    British politicians called for new laws on Monday that would force pension funds handling hundreds of billions of pounds to think further ahead and consider fast-emerging environmental threats to their investments.

  • June 1, 2018

    17 Govs. Reaffirm GHG Goals 1 Year After Trump's Paris Vow

    A year after President Donald Trump announced he was reversing his predecessor’s commitment to the Paris Agreement aimed at lowering climate change-causing greenhouse gas emissions, a coalition of 17 governors reaffirmed on Friday that they wanted to push toward the deal’s goals anyway.

  • June 1, 2018

    Perkins Coie Snags Ex-DOJ Attys For Enviro, Energy Practice

    Perkins Coie LLP has bolstered its environment, energy and resources practice with the addition of two former U.S. Department of Justice trial attorneys, the firm announced Thursday.

  • June 1, 2018

    Sunoco Asks Pa. Regulators To Revisit Work Stoppage Order

    Sunoco LP has argued that an administrative law judge for the Pennsylvania Public Utility Commission was wrong to shut down operations at a natural gas pipeline in the state and halt construction on two others, saying the evidence didn’t justify the emergency order.

  • June 1, 2018

    Pa. Justices Won't OK Drilling In Town's Residential Area

    Pennsylvania’s highest court on Friday found that a Lycoming County municipality had agreed to allow hydraulic fracturing in a residential and agricultural zoning district despite a lack of clear evidence it was similar to allowed uses in the area.

  • June 1, 2018

    FCC's Small Cell Review Exemptions Pass Muster, GAO Says

    The Government Accountability Office has signed off on a recent Federal Communications Commission rule exempting small cell fixtures, necessary for building up next-generation or 5G networks, from environmental and historic reviews.

  • June 1, 2018

    Texas Justices Take Up Anadarko's $100M Coverage Battle

    The Texas Supreme Court agreed Friday to review a lower court’s holding that Anadarko Petroleum Corp. is not entitled to coverage by Lloyd’s of London underwriters for any of the over $100 million it has spent defending against claims stemming from the 2010 Deepwater Horizon explosion and oil spill.

  • June 1, 2018

    US, Mining Co. Say Tribe's Wetlands Suit Doesn't Hold Water

    The federal government and a mining company each pressed a Wisconsin federal judge on Friday to toss a tribe's challenge to the state of Michigan’s authority to review the company’s wetlands permit application, arguing the tribe hasn’t pointed to a specific duty the federal government had to perform under the Clean Water Act.

Expert Analysis

  • When Are Minority Stockholders Controllers?

    Scott Barshay

    The Delaware Chancery Court's recent decision in a Tesla stockholder case shows that even a shareholder with a “relatively low” ownership stake representing a “small block” may be found to be controlling under certain circumstances, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • The Time Is Right For New Jersey To Adopt Daubert

    Timothy Freeman

    The New Jersey Supreme Court may soon decide whether to adopt the Daubert standard for admissibility of expert witness testimony. The searching inquiry into the reliability of proffered expert testimony that is required by Daubert protects the integrity of the jury system by ensuring that jurors are not misled by unreliable evidence, says Timothy Freeman of Tanenbaum Keale LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Fast-Tracking Electric Transmission Infrastructure

    Keith Barnett

    The U.S. Department of Energy will soon conduct its fourth triennial congestion study, and may subsequently designate one or more National Interest Electric Transmission Corridors. Streamlined permitting procedures could allow any projects within those corridors to benefit from fast-tracked approval, say attorneys with WilmerHale.

  • Why DC Circ. Said Airport Noise Critics Are Out Of Luck

    Paul Kiernan

    What if they made a regulatory change and no one noticed? The D.C. Circuit's recent ruling in Citizens Association of Georgetown v. Federal Aviation Administration reaffirms the rule that the appeal clock starts ticking on the day a regulatory order is officially made public, whether affected parties had actual notice or not, says Paul Kiernan of Holland & Knight LLP.

  • Why High Court Ruling Matters For Compact Clause Entities

    Matthew Tripolitsiotis

    The U.S. Supreme Court recently held that the United States could maintain a suit to enforce terms of an interstate compact — even where it was not a signatory of the compact. This decision offers clues about how the high court might deal with issues of compact construction that have gone unresolved for some time, says Matthew Tripolitsiotis of Boies Schiller Flexner LLP.

  • Opinion

    How Climate Change Threatens The US Power Supply

    Sarah Jordaan

    Climate change is expected to expose U.S. electric power systems to extreme weather, sea level rise and changing temperatures, which may cause acute disruptions and persistent economic impacts. Without evidence-based energy policy, the legacy of the present administration might be power assets incapable of withstanding environmental threats, says Sarah Jordaan, a professor at Johns Hopkins University's School of Advanced International Studies.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Solar’s Achilles' Heel Opens Door To Exclusionary Conduct

    Andrew Lemon

    While the recent settlement between SolarCity, a unit of Tesla, and the Salt River Project Agricultural Improvement and Power District leaves the legal question regarding the merits of SolarCity’s claims unanswered, from an economics perspective it's clear that discriminatory pricing structures implemented under the guise of “cost recovery” can snuff out nascent competition, says Andrew Lemon of Compass Lexecon.

  • How Federal Agencies Are Aiming To Streamline Permitting

    H. David Gold

    The Trump administration's infrastructure plan outlines various legislative reforms intended to streamline the permitting of infrastructure projects, and the administration has also taken executive actions to this end. But given limited agency resources and ambitious reform agendas, it may be a long time before these efforts are fully implemented and can benefit specific projects, say attorneys with WilmerHale.