Environmental

  • June 22, 2017

    Insurer Decries 'Shenanigans' In Lloyd's Arbitration Bid

    A U.S. insurer asked a Massachusetts federal judge on Wednesday not to force it to accept an umpire proposed by certain underwriters at Lloyd's, London, in arbitration aimed at resolving a dispute over the allocation of an underlying pollution claim, decrying "shenanigans" in the appointment process.

  • June 22, 2017

    Another Sempra Gas Leak Investor Suit Is Tossed, For Now

    A California federal judge on Tuesday tossed allegations that Sempra Energy and subsidiary SoCalGas misled shareholders by hiding the strain facing their infrastructure ahead of the massive Aliso Canyon natural gas leak, saying investors had failed to show specific evidence of deception.

  • June 22, 2017

    Ericsson Hit With NJ Developer's Suit Over $15M Contract

    A New Jersey real estate developer sued Ericsson in federal court Wednesday over the company’s alleged refusal to allow the developer to bring its own environmental inspector to look at the property before fully closing on the $15 million sale.

  • June 22, 2017

    ND, Texas File Brief Supporting EPA Methane Rules Delay

    The states of North Dakota and Texas on Wednesday filed a brief in support of the U.S. Environmental Protection Agency’s decision to put on hold and revise parts of a rule aimed at curbing methane emissions, saying that the agency properly exercised its discretion in issuing the stay.

  • June 22, 2017

    EPA Releases New TSCA Prioritization, Risk Evaluation Rules

    The U.S. Environmental Protection Agency on Thursday issued new rules and guidance that implement recent revisions to the Toxic Substances Control Act, including a framework for evaluating chemical risks and a method of prioritizing chemicals for review.

  • June 22, 2017

    Navajo Council To Weigh Keeping Ariz. Coal Plant Open

    The Navajo Nation Council will consider legislation next week that would permit the coal-fired Navajo Generating Station in Arizona to remain open through 2019, a move that comes after the group voted to table the measure and scope out whether the facility’s owners would be open to some amendments.

  • June 22, 2017

    NJ Panel Affirms State Can Use Private Land For Beach Repair

    The New Jersey Appellate Division on Thursday upheld the state’s right to use privately owned properties for post-Superstorm Sandy beach restoration projects, clarifying that the government’s right to acquire lands outright for public projects also allows it to merely use lands without possessing them.

  • June 22, 2017

    Enel Snaps Up Demand Response Firm In $250M Deal

    The U.S. green power unit of Italian utility giant Enel Group said Thursday that it has agreed to buy demand response provider EnerNOC in a deal that values at $250 million the company that develops technology allowing consumers to be paid for using less power during high-demand periods.

  • June 22, 2017

    5th Circ. Panel Won’t Revisit BP Formula On Deepwater Claims

    A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.

  • June 22, 2017

    9th Circ. Allows Sailors' $1B Fukushima Suit To Proceed

    The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.

  • June 22, 2017

    Calif. Appeals Court Orders Damages Redo In Water Rate Row

    A California appellate court on Wednesday said the Metropolitan Water District of Southern California can’t tack a rate designed to fund water conservation programs onto the rate it charges the San Diego County Water Authority for transporting water, saying a lower court has to recalculate damages awarded to the water authority.

  • June 22, 2017

    Enviros Press FERC For Full Probe Of ETP $4.2B Pipeline

    Environmentalists on Wednesday urged the Federal Energy Regulatory Commission to launch a full enforcement investigation into Energy Transfer Partners LP over drilling fluid leaks from its $4.2 billion Rover pipeline project in Ohio and stop all construction until the investigation is complete.

  • June 22, 2017

    DC Circ. Pipeline Ruling Undercuts States' CWA Role: Enviros

    Environmentalists challenging the Federal Energy Regulatory Commission's approval of Constitution Pipeline Co.’s proposed $683 million natural gas pipeline told the Second Circuit Wednesday that a recent D.C. Circuit ruling that FERC could conditionally approve a pipeline's construction without triggering the Clean Water Act undermines states' authority over CWA permitting.

  • June 21, 2017

    Fla. Gov. Given 5 Days To Answer Petition Over Tree Cuts

    The Florida Supreme Court on Wednesday gave Gov. Rick Scott until Monday to respond to a challenge to his line-item vetoes of $37.4 million that lawmakers budgeted to pay out judgments to more than 70,000 households whose healthy residential trees were cut down by the state in an effort to eradicate the plant disease citrus canker.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Pa. Justices Create Uncertain New Era For Enviro Reviews

    The Pennsylvania Supreme Court’s ruling on Tuesday reaffirming constitutional guarantees on the right to clean air and pure water is being hailed as the biggest environmental decision in the state in decades and a harbinger of a new and uncertain era of scrutiny for projects with potential impacts on natural resources.

  • June 21, 2017

    Whistleblowers, MDL Plaintiffs Object To $32M SunEd Deal

    Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.

  • June 21, 2017

    EPA Hasn’t Rid State Permit Boards Of Conflicts, Enviros Say

    The Center for Biological Diversity and others said Wednesday the U.S. Environmental Protection Agency isn't guarding against conflicts of interests on Alabama and Mississippi state boards that approve and enforce air pollution permits, as required under the Clean Air Act, telling the agency they intend to sue if it doesn't take action.

  • June 21, 2017

    Enviro Group Suit Calls Duke Energy Coal Ash Plan Improper

    An environmental group on Tuesday filed suit in North Carolina federal court against Duke Energy Progress LLC, alleging that the company released a plan that calls for improperly keeping coal ash in an unlined area at the Mayo Steam Electric coal-fired plant, arguing that the move could harm the region’s waters.

  • June 21, 2017

    NextEra Gets ESA Suit Over Bird-Killing Turbines Tossed

    A Kansas federal judge on Wednesday dismissed a citizen suit alleging that NextEra Energy Resources LLC and its subsidiaries own and operate wind farms that threaten the whooping crane in violation of the Endangered Species Act, deciding that the plaintiff did not provide proper notice prior to suing.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    With the conclusion of this U.S. Supreme Court term just around the corner, the guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How Pennsylvania Made Water System Sales Easier

    Thomas Wyatt

    The capital costs and regulatory requirements of providing safe and reliable water and wastewater service continue to increase. Pennsylvania's Act 12 provides a valuable new tool for municipalities wishing to monetize those assets and redeploy the proceeds, and the recent sale of New Garden Township's wastewater system is a case in point, say attorneys with Dilworth Paxson LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40

    FERC_315x315.jpg

    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Fix Market Distortions By Putting A Price On Carbon

    Kenneth Grant

    Secretary of Energy Rick Perry has criticized “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.” But the failure to account for the social costs of carbon emissions from fossil fuels is a market distortion that remains unaddressed, say Kenneth Grant and Charles Augustine of Compass Lexecon.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Calif. Contamination Cases: Response Cost Recovery Guide

    Kimberly Bick

    A California state appeals court's recent decision in Orange County Water District v. Alcoa Global Fasteners is one of very few opinions in California that applies to water district claims for response costs in groundwater contamination cases. It will be influential in future cases brought by water districts in the state, says Kimberly Bick of Bick Law LLP.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.

  • 5 Key Features Of Impending TSCA Inventory 'Reset' Rule

    Lawrence Culleen

    In short order, the U.S. Environmental Protection Agency will issue its final inventory reset rule under the Toxic Substances Control Act. As we await publication of the final rule, Lawrence Culleen and Eric Rey of Arnold & Porter Kaye Scholer LLP note the important aspects all manufacturers, importers and processors of chemical substances should be aware of, and related practical tips to facilitate and expedite compliance.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.