Environmental

  • April 28, 2017

    Trump Exec Order Seeks To Expand Offshore Drilling

    President Donald Trump on Friday signed an executive order that directs the U.S. Department of the Interior to review his predecessor’s restrictions on offshore oil and gas drilling, declaring that America is better when it takes full advantage of its natural resources.

  • April 28, 2017

    No EIS Required For USDA Role In Oregon's Wolf Program

    The U.S. Department of Agriculture escaped a lawsuit filed by conservationists over wolf removal in Oregon after a federal judge ruled Thursday the agency did not have to conduct an environmental impact statement before it killed two wolves at the state's request.

  • April 28, 2017

    DOT Raises Fines For Pipeline Safety Violations

    Entities that violate federal pipeline safety laws will face new, increased fines of $209,002 for each day the violation continues, or more than $2 million for a related series of violations, under revised maximum civil penalties that the U.S. Department of Transportation announced on Thursday.

  • April 28, 2017

    Duke Energy Wins Tax Refund For Nuclear Storage Systems

    Duke Energy Corp. does not have to pay more than $1 million in use taxes to South Carolina’s revenue department and will actually receive a refund following a court decision Friday finding that canister systems the company uses to store spent nuclear fuel rods are tax-exempt.

  • April 28, 2017

    High Court Urged To Reverse 6th Circ.'s Waters Of US Ruling

    Several industry groups, states and environmental organizations on Thursday asked the U.S. Supreme Court to reverse the Sixth Circuit’s ruling that it has sole jurisdiction to hear challenges to the U.S. Environmental Protection Agency’s rule clarifying its ability to issue permits under the Clean Water Act.

  • April 28, 2017

    9th Circ. Upholds FWS Decision Not To Protect Whitebark Pine

    A Ninth Circuit panel on Friday affirmed a quick win given to the federal government in an environmental suit challenging the finding that listing a pine tree species as a threatened or endangered species is “warranted but precluded,” saying the finding satisfied federal law.

  • April 28, 2017

    FTC Slams Objections To VW Emissions Fraud Settlements

    The Federal Trade Commission on Thursday fired back at objections to the multibillion-dollar settlements between car owners, Volkswagen and Robert Bosch GmbH in Volkswagen’s emissions cheating scandal, saying that the money involved in the three deals at issue was properly allocated and free of any conflict.

  • April 28, 2017

    Mont. Sens. Float Bill To Extend Indian Coal Tax Credit

    The two U.S. senators from Montana on Thursday announced the introduction of legislation to permanently extend a tax credit for coal production on Native American lands, saying it will boost self-determination in Indian Country.

  • April 28, 2017

    Navajo Power Plant Poses Test For Trump's Pro-Coal Stance

    The looming closure of a power plant vital to the Navajo Nation and the Hopi Tribe gives President Donald Trump a chance to save jobs, help rural America and support the coal industry by backing the Navajo's push to keep the facility online through 2029. Although extending the plant's life might dovetail with the Trump administration's priorities, experts say economic realities may make that a lost cause.

  • April 28, 2017

    Trump Taps Brownstein Hyatt Atty For DOI No. 2 Post

    President Donald Trump said Friday that he will nominate David Bernhardt, chair of Brownstein Hyatt Farber & Schreck LLP’s natural resource practice, as deputy secretary of the U.S. Department of the Interior, the agency’s number two post.

  • April 28, 2017

    Audi Cheated Emissions Tests In Gas Vehicles, Drivers Say

    Audi AG and its American subsidiary knowingly installed illegal so-called defeat devices in certain gasoline vehicles to cheat emissions tests, causing customers to overpay for the models, according to a lawsuit filed in California federal court Thursday by Audi owners and lessees.

  • April 28, 2017

    Congress Passes Government Funding Band-Aid

    Congress has passed a short-term government funding resolution, sending a one-week federal funding extension to the president’s desk and potentially avoiding a government shutdown at midnight.

  • April 28, 2017

    DC Circ. Pauses Clean Power Plan Litigation

    The D.C. Circuit on Friday granted the U.S. Environmental Protection Agency's request to pause litigation over the Clean Power Plan and ordered briefing on whether the case should be remanded to the agency or just kept on hold.

  • April 27, 2017

    Environmental Groups To Sue EPA Over NYC Water Standards

    The National Resources Defense Council, Riverkeeper and other environmental advocates are teaming up to file a citizen suit against the U.S. Environmental Protection Agency, saying it is allowing New York City’s rivers and bays to become contaminated with raw sewage by letting the state use outdated water quality criteria.

  • April 27, 2017

    Trump To Sign Order To Review Offshore Drilling Limits

    President Donald Trump will sign an executive order Friday directing the U.S. Department of the Interior to review his predecessor’s ban on offshore drilling in the Arctic and Atlantic oceans, the aim being to open up those protected waters to such activity.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    NJ Says PennEast Pipeline Permit Application 'Incomplete'

    The New Jersey Department of Environmental Protection has deemed an application for a permit for the $1 billion PennEast natural gas pipeline project, which would run from Pennsylvania to central New Jersey, "administratively incomplete," according to a letter the DEP sent to the pipeline company on Wednesday.

  • April 27, 2017

    Ky. Supreme Court Reinstates Power Plant Water Permit

    The Kentucky Supreme Court on Thursday reversed a lower court and ruled that a coal power plant’s wastewater permit should be reinstated, deciding that the federal guidelines the permit was issued under did not require the company to make additional assumptions about its responsibilities.

  • April 27, 2017

    Fla. Town Sues Neighbor Over Sand Traps, Beach Erosion

    The town of Hillsboro Beach, Florida, has filed a suit alleging its neighbor to the north, Deerfield Beach, is depriving Hillsboro of the natural flow of sand southward by placing barriers to trap its sand and costing Hillsboro millions for beach replenishment.

  • April 27, 2017

    FirstEnergy Settles BNSF, CSX Coal Delivery Row For $109M

    A FirstEnergy Corp. unit said on Thursday that it will pay $109 million to two railway companies to settle claims that it failed to fulfill the terms of a coal transportation contract, a situation that the company had tried to blame on a U.S. Environmental Protection Agency power plant emissions rule.

Expert Analysis

  • The Current State Of Renewable Energy Disputes: Part 1

    Justin Tschoepe

    As any industry grows, those within it are likely to face increased amounts of litigation both with private entities as well as sovereign bodies. In part one of this four-part series, Justin Tschoepe and William Wood of Norton Rose Fulbright US LLP address the most common types of environmental and land-use challenges that are being brought against utility-scale wind and solar projects.

  • NYPSC Shakes Up Net Metering Projects In New York State

    Peter Trimarchi

    The New York Public Service Commission recently issued an order creating a new means of compensating renewable energy projects connected to the state’s electric grid. By replacing the net metering system with a new, more complex scheme for project valuation, the order will quickly change the landscape of renewable energy development and financing in New York, says Peter Trimarchi of Nixon Peabody LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Honestly, What Is The Best Science?

    William Walsh

    No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.