Environmental

  • March 23, 2017

    Arnold & Porter Snags Ex-Obama Enviro Official

    Arnold & Porter Kaye Scholer LLP has added to its Washington, D.C., office a top Obama appointee recently departed from the U.S. Environmental Protection Agency.

  • March 23, 2017

    Biodiesel Cos. Say Argentina And Indonesia Syphoning Market Share

    U.S. biodiesel producers accused Argentina and Indonesia Thursday of violating trade laws through government subsidies and dumping practices that have allegedly fueled a surge in biodiesel imports since 2014 and cut into domestic producers’ market share.

  • March 23, 2017

    High Court Shouldn’t Delay Water Rule Suit, 7 States Say

    New York, six other states and Washington, D.C., have asked the U.S. Supreme Court not to pause an appeal of the Sixth Circuit’s decision that it has jurisdiction to hear challenges to the so-called Waters of the United States rule, arguing that despite President Donald Trump’s executive order to revise or rescind the measure, the case should proceed through the courts.

  • March 23, 2017

    Reps. Again Float Bill To Boost Funding For Mine Cleanups

    U.S. Reps. Jody Hice, R-Ga., and Alan Lowenthal, D-Calif., again floated a bill Wednesday to form a foundation that raises private funding to help the federal government more quickly and effectively clean up mines, citing the Gold King Mine spill as an example of the need for boosted financial aid.

  • March 23, 2017

    Dominion Violated CWA With Coal Ash Arsenic, Judge Says

    A Virginia federal judge said Thursday that Dominion Virginia Power violated the Clean Water Act by letting arsenic from coal ash waste seep into groundwater, but declined to impose a civil penalty, opting instead to order the company to conduct monitoring in affected areas.

  • March 23, 2017

    EPA Sued Over Employees' Use Of Encrypted Messaging App

    The government oversight nonprofit Cause of Action Institute has filed a lawsuit against the U.S. Environmental Protection Agency in D.C. federal court over the alleged use of an encryption messaging service by some agency employees to discuss President Donald Trump’s intended policy changes.

  • March 23, 2017

    Lawmakers Introduce Bipartisan Water Infrastructure Bill

    A bipartisan group of U.S. senators on Wednesday announced the introduction of a new piece of legislation to provide increased flexibility to local communities when they are complying with federal requirements for updates to water infrastructure projects.

  • March 23, 2017

    German Prosecutors Probe Daimler Diesel Emissions

    A German prosecutor’s office has launched a probe into whether Daimler AG employees committed fraud over the sales of its diesel cars by faking emissions documents, according to media reports on Wednesday.

  • March 23, 2017

    EPA Ordered To Review 13 Sources Of Air Pollution By 2020

    A D.C. federal judge on Wednesday ordered the U.S. Environmental Protection Agency to update national emission standards for 13 sources of hazardous air pollutants — which the agency had failed to do as required by the Clean Air Act — by 2019 or 2020.

  • March 23, 2017

    NJ Water Agency Settles Claims Against Ex-Board Members

    A judge on Wednesday approved a roughly $1.1 million settlement between a defunct Newark, New Jersey, water agency and an insurer over the coverage of mismanagement claims against former agency board members, including U.S. Rep. Donald M. Payne Jr., D-N.J., and U.S. Sen. Cory Booker, D-N.J., whose dismissal victory over the claims was being challenged.

  • March 23, 2017

    Ga. Updating Coal Plant Permits To End Enviros' Suit

    Environmental groups on Wednesday temporarily dropped their suit accusing Georgia environmental regulators of dragging their feet in updating long-expired wastewater discharge pollution permits for five coal-fired power plants owned by utility giant Southern Co., citing the regulators' moves toward issuing new permits.

  • March 22, 2017

    Jury Awards Calif. Mining Families $100M For County's Plot

    A California federal jury on Tuesday awarded two gravel mining families over $100 million on their claims that Sacramento County officials violated their constitutional rights by maliciously forcing them out of business to aid mining rival Teichert Construction.

  • March 22, 2017

    Exxon Ordered To Turn Over Execs' Climate Change Docs

    The New York judge overseeing a climate change-related probe of Exxon Mobil Corp. on Wednesday ordered the oil giant to produce documents from top executives to the New York attorney general by the end of the month, and directed further talks about recovering missing emails from an alias account of its recently departed CEO, Secretary of State Rex Tillerson.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    VW, Ex-Exec Seek To Scrap Investor Claims In Emissions MDL

    Volkswagen AG and the former head of its U.S. unit urged a California federal judge to dismiss partially amended claims brought by a proposed class of investors as part of the sprawling multidistrict litigation over the automaker’s diesel emissions scandal, according to separate motions filed Tuesday and Wednesday.

  • March 22, 2017

    Dem Senators' Letter Says Trump EPA Budget A Disaster

    A group of almost 40 Senate Democrats on Wednesday published a letter they sent to the heads of the Senate Appropriations Committee expressing concerns over President Donald Trump’s budget proposal to slash almost a third of the U.S. Environmental Protection Agency’s funding, saying that such drastic cuts would harm the agency’s ability to execute its core mission.

  • March 22, 2017

    5th Circ. Sides With EPA In Battle Over Texas Haze Rule

    The Fifth Circuit on Wednesday rejected Texas’ bid to strike down the U.S. Environmental Protection Agency’s regional haze plan for the Lone Star State, instead granting the EPA’s motion to send the existing regulations back to the agency for revision.

  • March 22, 2017

    Senate Dems Slam Trump's Skinny DOI Budget

    Senate Democrats on Tuesday slammed President Donald Trump’s proposal to slash the Department of Interior’s budget by $1.5 billion, saying planned cuts to programs that address climate change contradict the president's commitments to infrastructure spending made on the campaign trail.

  • March 22, 2017

    GAO Says It Can Judge Intergovernmental Contracts

    The Government Accountability Office asserted Tuesday that it has the authority to consider protests to intergovernmental support agreements, awarded to local governments by federal agencies seeking contractors, even as it rejected the specific challenge to a U.S. Army garbage collection project award.

Expert Analysis

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Regulatory Pathways Emerge For Gene-Edited Products

    Emily Marden

    The U.S. Food and Drug Administration, Department of Agriculture and Environmental Protection Agency have finally indicated how they plan to regulate emerging genetic technologies. Their respective proposals differ in scope and approach, but each one has the potential to significantly influence how gene editing is integrated into product development, say Emily Marden and Deepti Kulkarni of Sidley Austin LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.