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Environmental

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    EPA Can’t Trash Enviros’ Pesticide Suit, Judge Says

    The U.S. Environmental Protection Agency can’t nix allegations it failed to investigate the effect of more than 2,000 pesticide products on endangered species, a California federal judge said Friday, but he added that, down the line, environmentalists need to do a “much better job” of linking animals to the chemicals purportedly threatening them.

  • June 15, 2018

    Climate Split Persists As FERC Upholds $3.5B Pipeline OK

    A divided Federal Energy Regulatory Commission said on Friday that it would not reconsider its approval of Mountain Valley Pipeline LLC's controversial $3.5 billion natural gas pipeline, with the five commissioners once again split along partisan lines over the agency's obligations to consider the climate change impacts of pipeline projects.

  • June 15, 2018

    EPA Promises To Ensure Lead Paint Inspectors Are Trained

    The U.S. Environmental Protection Agency has promised to ensure workers checking for lead paint at renovation projects are properly trained and credentialed after a whistleblower-prompted investigation found the agency used unqualified inspectors in the Southeast during the Obama administration, the U.S. Office of Special Counsel said Thursday.

  • June 15, 2018

    Tribal, Green Groups Sue DOI To Force Plan For Mine Closure

    The SIerra Club and three groups including Navajo and Hopi tribe members asked an Arizona federal court Thursday to order the U.S. Department of the Interior to figure out how to clean up a coal mine that feeds the Navajo Generating Station, saying it violated federal law by failing to do so in anticipation of the plant’s closure late next year.

  • June 15, 2018

    Drivers Slam Ford, Bosch Bid To Sink Emissions-Cheating Suit

    Consumers told a Michigan federal judge Friday that they’ve made detailed and specific allegations that Ford Motor Co. and auto parts supplier Robert Bosch LLC schemed to rig 500,000 heavy-duty trucks to cheat emissions tests, and that the companies shouldn’t be allowed to escape a suit seeking to hold them liable for their deceit.

  • June 15, 2018

    EPA Cost-Benefit Review Signals Big Concessions To Industry

    The U.S. Environmental Protection Agency recently said it is considering altering its approach to regulatory cost-benefit analyses to reflect industry groups' concerns that the process is weighted against them, something experts say would be tough to implement as a one-size-fits-all rule and would surely invite legal challenges from environmental and other public interest groups.

  • June 15, 2018

    Senate Funding Bill Staves Off Cuts To Indian Programs

    The Senate Appropriations Committee approved a $36 billion funding bill Thursday that largely increased spending over the levels proposed by the Trump administration for federal programs providing health care, education and other services to Native American tribes.

  • June 15, 2018

    Fed. Circ. Won’t Lift Tariffs From Canadian Solar Cos.

    The Federal Circuit declined Friday to spare Canadian producers from safeguard tariffs imposed on solar products, finding in a precedential opinion that the solar panel companies challenging the tariffs were not likely to ultimately succeed in court.

  • June 15, 2018

    Shareholders Allege PG&E Fraud In Suit Over Calif. Wildfires

    Shareholders hit PG&E Corp. with a proposed class action Thursday accusing the utility of defrauding investors by claiming to comply with California safety regulations despite a state investigation blaming PG&E for a dozen of the wildfires that ravaged the state in 2017.

  • June 15, 2018

    EPA, Corps Close To Clean Water Rule Replacement Proposal

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers moved closer on Friday to officially proposing a replacement for a controversial Obama-era rule defining the Clean Water Act's reach.

  • June 15, 2018

    Maxus Trustee Targets YPF, Repsol In $14B Ch. 11 Fraud Suit

    The liquidating trust for bankrupt Maxus Energy on Thursday launched a potential $14 billion, 23-count adversary suit in Delaware Bankruptcy Court against Spanish energy giant Repsol SA and Argentina-based YPF SA, accusing both of using Chapter 11 to duck U.S. environmental liabilities.

  • June 15, 2018

    SD Justices Skirt Merits In Nixing Tribes' Keystone XL Appeal

    South Dakota's high court has tossed an appeal from two Native American tribes and an advocacy group in their fight against the controversial Keystone XL pipeline, but did so on jurisdictional grounds instead of reaching the merits of the case.

  • June 14, 2018

    EPA To Move Forward With New Pesticide Training Protocol

    The U.S. Environmental Protection Agency will officially announce the availability of expanded pesticide safety training materials in the Federal Register, ending its postponement of an Obama-era rule that required certain employers to provide updated training, the New York Attorney General’s Office announced Thursday.

  • June 14, 2018

    ND Health Dept. Gives Thumbs Up To Oil Refinery Near Park

    The North Dakota Department of Health has given Meridian Energy Group Inc. a permit to build a proposed crude oil refinery in Billings County, not far from the Theodore Roosevelt National Park.

  • June 14, 2018

    Sprint Defends FCC 5G Cell Review Exemptions At DC Circ.

    Sprint Corp. asked for permission Wednesday to intervene on behalf of the FCC against consolidated D.C. Circuit challenges by Native American tribes and environmentalists contesting an agency rule exempting small-cell fixtures necessary for building up next-generation or 5G networks from environmental and historic reviews.

Expert Analysis

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • 5 Takeaways From Tax Court's Solar Project Ruling

    David Burton

    In the matter of Golan v. Commissioner of Internal Revenue, the U.S. Tax Court sustained the taxpayer's energy credit and bonus depreciation deductions. In this unusual case where the IRS had the burden of proof, attorneys from Mayer Brown LLP discuss five interesting takeaways.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • 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.