The Ohio city of Oberlin along with a fellow opponent of the $2 billion Nexus pipeline told the D.C. Circuit that the Federal Energy Regulatory Commission was wrong to approve the project, saying its need was overstated and it was not in the public interest.
President Donald Trump gave his blessing Tuesday to a trio of bills with tribal implications, signing into law measures that will give Native American tribes more control over energy development on their lands, provide land for an Alaskan health organization and protect salmon fisheries.
Suing the U.S. Environmental Protection Agency over a permit for a Boston-area petroleum storage terminal — an avenue suggested by a federal judge — will prove futile, so an environmental group will press on with its suit against Exxon Mobil Corp., the group and Exxon said Tuesday.
The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.
Washington state and several federal agencies have reached a deal with Oregon and the Nez Perce Tribe to ensure that endangered salmon and steelhead can traverse the Columbia River basin while the government works on a new environmental analysis regarding dams in the waterway, according to a Tuesday announcement.
Fallout from a chemical spill near a Kinder Morgan unit-owned pipeline landed in Texas state court Monday as two landowners brought a proposed class action claiming the company negligently released the toxic chemicals causing more than $5 million in environmental damage over 3,000 to 5,000 acres of land.
A coalition of environmental groups on Monday asked a New York state judge to strike down a state program offering subsidies to prop up struggling nuclear power plants, arguing that the state's Public Service Commission violated the requirements for public comment and review.
A German automotive engineering company entered into a plea agreement Tuesday to pay $35 million for its alleged role in a long-running scheme by Volkswagen AG to sell diesel vehicles in the United States that use a "defeat device" to cheat on vehicle emissions tests required by federal law.
A D.C. Circuit panel on Tuesday examined whether a 2015 U.S. Environmental Protection Agency rule aimed at reducing ozone emissions can realistically be complied with and what criteria the agency relied on when determining whether permitted emission levels are safe.
French President Emmanuel Macron’s reversal on a proposed fuel tax increase in the face of violent protests has cast doubt on the political viability of wide-ranging consumption taxes that may be necessary to combat climate change.
Nine eastern U.S. states and the District of Columbia on Tuesday announced plans to develop a regional cap-and-invest system aimed at slashing carbon emissions from the transportation sector, echoing the Regional Greenhouse Gas Initiative that uses cap-and-trade to reduce carbon emissions from power plants.
The U.S. government on Monday urged an Oregon federal judge to maintain her stay of a children's suit accusing the government of pushing policies that contribute to climate change while the Ninth Circuit mulls its latest bid to dismiss the case, saying the children haven't justified the need for a restart.
Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.
Exxon Mobil Corp. urged the Second Circuit to keep alive its bid to halt New York state's climate change probe, arguing the Empire State can't be shielded from judicial review of alleged constitutional violations just because it's now launched a civil enforcement case against the oil giant.
General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.
The Supreme Court of Alabama has upheld Volkswagen AG’s win in quashing a state government case against the automaker that claimed its installing engine software that disguised excessive emission levels was primarily a violation of state rather than federal environmental laws.
The California Public Utilities Commission on Friday said Pacific Gas & Electric Co. for years faked gas records and committed safety violations after a deadly 2010 gas explosion and fire, adding that it is starting a new investigation into the Golden State’s biggest utility.
The Second Circuit on Monday revived the Sierra Club's lawsuit seeking to stop a New York construction waste recycling company from discharging polluted stormwater, ruling that the company's activities could be subject to Clean Water Act permitting requirements.
Spain has urged a D.C. federal court to toss a suit seeking to enforce a €128 million ($145.2 million) arbitral award issued to international investors following a dispute with the country over renewable energy subsidies, arguing the proceeding is barred because there is no valid arbitration agreement.
The New Jersey Assembly on Monday unanimously approved legislation earmarking $50 million for natural resource damage restoration projects out of the state’s $225 million settlement with Exxon Mobil Corp. over contamination from its refineries and gas stations.
A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.
On Tuesday, Colorado voters will decide whether to enact a ballot initiative that significantly restricts oil and gas development. If Proposition 112 passes, owners of oil and gas mineral interests will likely seek redress for the loss of their valuable property rights, says Brent Owen of Squire Patton Boggs LLP.
By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.
Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.
Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.
Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.
Enacted in 2014 to promote financing and development of water projects, the Water Infrastructure Finance and Innovation Act was initially intended as a five-year pilot program. Four years later, it is now a promising vehicle for water project development, says Roger Rosendahl of Nelson Mullins Riley & Scarborough LLP.
Build-transfer agreements — where an electric utility hires a third party to develop and construct a renewable energy project, then transfer ownership to the utility — can create opportunities and challenges for developers and utilities. Some common themes have emerged from recent transactions, say Sean Shimamoto and Frank Shaw of Skadden Arps Slate Meagher & Flom LLP.
An environmental group is criticizing the U.S. Environmental Protection Agency and the U.S. Food and Drug Administration for their actions and policies regarding levels of glyphosate in oat-based products. Advocacy groups will likely continue to press the issue, with individual companies being pulled into the debate, say attorneys at Hunton Andrews Kurth LLP.
The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.