Conservation groups urged a D.C. federal court on Friday to grant them a quick win in their suit over the federal government's decision to temporarily allow "overfishing" of red snapper in the Gulf of Mexico this summer, reiterating their argument that extending the fishing season was unlawful.
TransCanada and the federal government reiterated their argument that a claim made in two separate cases challenging the revival of the Keystone XL pipeline should be dismissed in Montana federal court on Friday, arguing that presidential action negated the ability of advocates to bring a citizen suit.
The U.S. Bureau of Land Management violated the Administrative Procedure Act when it delayed Obama-era regulations limiting methane gas emissions on public lands, environmentalists and tribal groups told a California federal magistrate judge at a hearing Monday.
The U.S. Environmental Protection Agency's Environmental Appeals Board on Friday rejected two challenges to the EPA’s decision to grant a permit to Florence Copper Inc. for an Arizona copper mine.
SolarCity Corp. will cough up nearly $30 million to put to bed allegations it shirked the False Claims Act by submitting fudged claims to the U.S. Department of Treasury related to a renewable energy subsidy program, according to the federal government.
The Center for Biological Diversity on Monday sued the U.S. Fish and Wildlife Service and U.S. Forest Service, alleging the agencies improperly decided a large copper mine in Arizona would not harm habitat for endangered species including the rare wild jaguar.
A D.C. federal judge on Monday ordered the U.S. Environmental Protection Agency to do a second search for records related to a study that provides some of the foundation for the EPA’s vehicular emissions model and that were requested by green groups.
BP America Inc. and Atlantic Richfield Co. urged a Nevada federal judge on Friday to bar the Yerington Paiute Tribe from suing them in tribal court over environmental damage allegedly caused by ARCO's predecessor at an abandoned copper mine, saying they aren’t members of the tribe.
The U.S. Environmental Protection Agency said its recent decision to pull a key permitting oversight team into Administrator Scott Pruitt’s office is intended to help the Trump administration meet its goal of expediting federal infrastructure projects, but experts say that conflicts with the team’s traditional priorities and could weaken permit reviews.
A D.C. district judge refused to grant a conservation group’s request to halt construction on the $5.6 billion Purple Line rail project planned for the D.C. region, providing a win for the Federal Transit Administration that argued the request overlapped with an appeals court case.
Syngenta urged a Kansas federal judge Thursday to certify as a final judgment the $218 million jury verdict won by a class of Kansas farmers in multidistrict litigation over the agricultural company’s promotion of genetically modified corn, arguing it’s necessary to prevent needless delay of its appeal.
A Ninth Circuit panel Friday said that the Suquamish tribe does not have the right to fish in an area on the eastern side of Washington's Puget Sound, upholding a ruling that there was no evidence presented in a key 1975 hearing that the tribe ever fished or traveled through the area.
A West Virginia federal judge granted preliminary approval Thursday to a class settlement worth up to $151 million with American Water Works Co. and Eastman Chemical Co. to end claims from a 2014 coal-processing spill in the Elk River.
The trustee responsible for pursuing more than $1 billion worth of environmental negligence claims against recently reorganized Exide Technologies Inc. has hit back against the battery recycler’s bid to undo those claims in Delaware bankruptcy court, saying the court has no jurisdiction now that Exide has emerged from bankruptcy.
Aiming to shoot down an appeal stemming from its now-confirmed Chapter 11 bankruptcy plan, renewable energy giant SunEdison Inc. told a New York federal court this week that investors accusing the company of using an exit financing agreement to buy creditor support are improperly seeking to advance a “self-interested agenda.”
The International Trade Commission unanimously agreed with solar equipment manufacturers Suniva and SolarWorld on Friday that imports of foreign solar energy components had injured the U.S. industry, a finding that will allow President Donald Trump to decide whether to implement the first industrywide Global Safeguard tariff in 15 years.
The state of Louisiana asked a D.C. federal court Thursday to allow it to intervene on the federal government’s behalf in a conservation group’s suit over authorities’ decision to temporarily allow "overfishing" of red snapper in the Gulf of Mexico this summer, saying the suit impairs the state’s interest in fishing-related tourism and tax revenues.
Honeywell International Inc., Chemours Co. FC LLC and the Natural Resources Defense Council on Friday urged the D.C. Circuit to reconsider an August decision to undo a U.S. Environmental Protection Agency rule to prohibit manufacturers from using hydrofluorocarbons, saying the decision guts a crucial tool for dealing with climate change.
Environmental groups filed suit in Montana state court on Friday attempting to halt the first phase of a mining project being developed by Lucky Minerals LLC that involves exploratory drilling on private property 30 miles north of Yellowstone National Park, arguing that the state didn’t conduct a proper environmental assessment.
Ontario has entered an agreement to join California and Quebec in their cap-and-trade market run by nonprofit Western Climate Initiative Inc., with the goal of reducing greenhouse gas emissions, the Ontario government announced Friday.
What makes the practice of law so stressful? Our thesis is that it comes from being terrible to each other. As a plaintiffs lawyer and a defense lawyer, we asked what we believed our opposition thought about us and how our opposition judged us — and then we compared notes, say Daniel Karon of Karon LLC and Philip Calabrese of Porter Wright Morris & Arthur LLP.
What if, after a storm like Hurricane Harvey or Irma, a small business finds itself liable for hundreds of thousands (or even millions) of dollars of environmental contamination that spilled out during the storm? This is a very real concern for businesses that store and use chemicals, but there are ways to establish protections, says Kevin Daehnke of Daehnke Cruz Law Group LLC.
Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.
The U.S. Pipeline and Hazardous Materials Safety Administration uses its Risk Ranking Index Model to determine the frequency with which pipelines must be inspected. But a new report by the U.S. Government Accountability Office, questioning the assumptions behind the model, seems likely to lead to changes in pipeline inspection procedures, say Laura LaValle and Hana Vizcarra of Beveridge & Diamond PC.
Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.
As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.
With the regulations it issued last month, Massachusetts maintains its leadership position among states seeking to achieve ambitious clean and renewable energy goals. The Clean Energy Standard will create major new investment opportunities and impact the wholesale power markets in significant ways, says Eric Runge of Day Pitney LLP.
California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.
For a given pesticide, registration can involve a vast amount of data and many years of testing and product development. However, many of these precautions should not apply to pheromones used for pest management, and the U.S. Environmental Protection Agency has recognized this and adjusted its review of pheromone-based products, say Johnny Johnson and Christian Kerr of Lightfoot Franklin & White LLC.