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Environmental

  • December 10, 2018

    NY Attorney General Seeks To Sink Exxon Climate Appeal

    New York’s attorney general on Friday asked the Second Circuit to dismiss Exxon Mobil Corp.’s bid to halt the state’s climate change probe into the energy giant, saying the investigation is completed and a civil enforcement action has already been filed based on the results.

  • December 10, 2018

    Sierra Prodded On Why It Didn't Challenge EPA Rule

    D.C. Circuit judges on Monday questioned the Sierra Club on why it hasn't formally asked the U.S. Environmental Protection Agency to rewrite a rule on how states handle public feedback on air quality monitoring plans if the group objects to the changes.

  • December 10, 2018

    EU Approves Germany's €350M Per Year Rail Freight Plan

    Europe’s competition enforcer said Monday that it has approved Germany’s plan to invest up to €350 million ($397.5 million) per year over the next several years to help move freight traffic from the roads to the rails, after finding the scheme is in line with the bloc’s state aid rules.

  • December 10, 2018

    Ex-Fisker Auto Board Member Wants Investor Suit Trimmed

    A former Fisker Automotive board member has told a Delaware federal court that stockholders' amended claims either come too late or do not specifically show how the company deceived investors about its financial health prior to declaring bankruptcy.

  • December 10, 2018

    Sunoco Pushes Pa. PUC To Ax Pipeline Shutdown Bid

    A Sunoco Inc. unit says objectors who have asked Pennsylvania to shut down two pipelines for transporting liquid natural gas couldn't prove that the pipelines were sufficiently dangerous or that the public lacked sufficient information about them, according to a brief filed Friday with the state's Public Utility Commission.

  • December 10, 2018

    Scotts To Pay Up To $85M Over Pesticide-Tainted Bird Seed

    Scotts Miracle-Gro Co. reached a deal Friday in California federal court with a class of consumers who accused the lawn company of knowingly selling bird food laced with toxic pesticides in which it will pay up to $85 million, depending on how many class members come forward.

  • December 10, 2018

    Tribe Fights For Water Quality Rule In Maine's EPA Suit

    A tribe countering Maine's suit against the U.S. Environmental Protection Agency is pressing a federal court to declare that the state cannot lower water quality standards on the Penobscot River's main stem because it must be free from pollution so the tribe can maintain its fishing culture.

  • December 10, 2018

    Move Montgomery McCracken Malpractice Row To NY: Judge

    A Pennsylvania federal magistrate judge recommended on Monday that a proposed class action accusing Montgomery McCracken Walker & Rhoads LLP of botching toxic tort claims against Tronox Inc. be moved to the same New York court where the alleged $620 million malpractice took place as part of a bankruptcy proceeding.

  • December 10, 2018

    Investor Says PDC Energy's Board Ignored Enviro Laws

    A stockholder filed a derivative suit against oil and gas company PDC Energy Inc.'s board in Delaware Chancery Court, claiming that certain directors disregarded environmental regulations and laws, resulting in the company having to settle a federal lawsuit and remediate emission control systems for roughly $22 million.

  • December 10, 2018

    Keystone Developer Can't Prep Pipeline Construction

    Developer TransCanada Corp. may not move forward with certain pre-construction activities on the Keystone XL pipeline while the U.S. Department of State conducts its environmental review, a Montana federal judge has held, delivering another setback to the Trump administration’s bid to build the controversial pipeline amid protests by environmental and indigenous groups.

  • December 10, 2018

    Kellogg’s Breakfast Bars Contain Pesticide, Buyers Say

    A proposed class of consumers has accused Kellogg Co. in California federal court of hiding the presence of a potentially carcinogenic pesticide in its oat bran cereal and breakfast bars, claiming the company has a duty to warn its customers of the danger.

  • December 10, 2018

    Supreme Court Agrees To Reconsider 'Auer' Deference

    The U.S. Supreme Court on Monday agreed to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation of its own ambiguous regulation, taking up a challenge to so-called Auer or Seminole Rock deference, which has been criticized by several conservative justices on the court.

  • December 7, 2018

    Nexus Can Access Land For Pipeline Work, 6th Circ. Says

    A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.

  • December 7, 2018

    VW Tells 9th Circ. Counties' Emissions Claims Preempted

    Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.

  • December 7, 2018

    German Power Giant To Allow More Danish Energy After Probe

    The largest high-voltage electricity transmitter in Germany will let in more energy from Denmark suppliers to end a European Commission investigation that it choked the supply of cheap Nordic electricity in favor of German-produced power, regulators said Friday.

  • December 7, 2018

    Corps, Dakota Access Say Tribes Didn't Obey Order

    The U.S. Army Corps of Engineers and Dakota Access LLC said that several Native American tribes had failed to follow a D.C. federal judge’s order to spell out what claims they plan to continue with in their challenge to the Dakota Access pipeline, as the tribes contended that the record in the case should be fleshed out first.

  • December 7, 2018

    Pipeline Contractor Says EQT Skipped Bill On Spill Cleanup

    A pipeline construction contractor filed a lawsuit in Pennsylvania state court Thursday claiming that EQT Gathering LLC is refusing to pay a nearly $2 million bill for cleaning up another company’s spill on its construction site.

  • December 7, 2018

    Vt. Lets Entergy Transfer Nuke Plant To Demolition Firm

    Vermont utility regulators on Thursday approved a plan for Entergy Corp. to transfer a shuttered nuclear plant to a large-scale demolition firm with the goal of speeding up the decommissioning process, despite environmentalists' concerns that the company may not be up to the job.

  • December 7, 2018

    Ohio Mineral Owners Say Oil & Gas Drillers Dug Too Deep

    A group of mineral owners has filed a proposed class action in Ohio federal court that alleges an ExxonMobil unit and other companies drilled in an area they had no permission to access.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

Expert Analysis

  • How To Help Realize A Tax Equity Market For Carbon Capture

    Hunter Johnston

    In February, Congress amended Internal Revenue Code Section 45Q, creating a tax equity market that supports investment in carbon capture and storage projects. Additional guidance, like that proposed by the Carbon Capture Coalition, is needed in a number of key subject areas to unlock this market, says Hunter Johnston of Steptoe & Johnson LLP.

  • A Comparison Of This Year's Carbon Tax Proposals: Part 2

    Noah Kaufman

    In the second installment of this two-part series about four carbon pricing policy plans that garnered attention in 2018, Noah Kaufman of Columbia University's Center for Global Energy Policy discusses the potential impacts each would have on emissions, energy markets and the economy.

  • A Comparison Of This Year's Carbon Tax Proposals: Part 1

    Noah Kaufman

    Four carbon pricing policy plans garnered attention in 2018, including the first bipartisan federal carbon tax proposal in eight years. In the first installment of this two-part series assessing the potential impacts on emissions, energy markets and the economy, Noah Kaufman of Columbia University's Center for Global Energy Policy looks at the similarities and differences.

  • A Closer Look At New Calif. Pension Fund Climate Law

    Kristie Blase

    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 2

    Carolina Mederos

    The chances that major transportation and infrastructure legislation may be passed have increased with the election of a House Democratic majority, and efforts to streamline permitting and regulation by federal agencies may further advance the prospects of significant infrastructure development, say attorneys with Squire Patton Boggs LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

    Steve Moskowitz

    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 1

    Carolina Mederos

    With President Donald Trump and Democratic congressional leaders agreeing that transportation and infrastructure are high priorities, the next Congress is likely to consider a large-scale, broad infrastructure package. But the question of how to pay for it remains, say attorneys with Squire Patton Boggs LLP.

  • Climate Change Forecasts Trouble For The Insurance Industry

    Jeffrey Gordon

    The greater frequency and severity of weather-related catastrophes in areas with increasing property values present significant challenges for the insurance industry, especially in cities like Boston that are particularly susceptible to rising sea levels, says Jeffrey Gordon of Zelle LLP.

  • Congressional Forecast: December

    Layth Elhassani

    During its current lame duck session, Congress must compromise on government funding legislation or face a shutdown. It may also endeavor to move additional legislation and continue to confirm Trump administration nominees before the close of the 115th Congress later this month, says Layth Elhassani of Covington & Burling LLP.