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Environmental

  • August 15, 2018

    Calif. Court Rejects Enviros' Bid To Close Injection Wells

    A California state appeals court on Tuesday denied the Center for Biological Diversity's petition to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers, finding that the Safe Drinking Water Act does not require such an action.

  • August 15, 2018

    US Trustee Backs Ex-CEO's Bid To Convert Level Solar Ch. 11

    The ousted former CEO of Level Solar Inc.’s long-simmering bid to convert the defunct residential solar company’s Chapter 11 bankruptcy to a Chapter 7 liquidation began heating up again on Wednesday, as the federal bankruptcy watchdog echoed his concerns while a creditor objected to them.

  • August 15, 2018

    Mintz Levin Snags Ex-Jeffer Mangels Enviro Pro In Calif.

    Mintz Levin Cohn Ferris Glovsky and Popeo PC strengthened its San Francisco office with the hire of a former Jeffer Mangels Butler & Mitchell LLP attorney who will bring to the firm his experience in dealing with California’s prevailing wage statute in addition to environmental and land use law.

  • August 15, 2018

    Energy Dept. Promises $9M For Tribal Energy Projects

    The U.S. Department of Energy said Wednesday it would supply more than a dozen energy projects on tribal lands with nearly $9 million, claiming it is the first time the agency has conducted the process on an "entirely fuel and technology-neutral basis.”

  • August 15, 2018

    Navajo Will Oversee 12 More Drinking Water Systems: EPA

    The U.S. Environmental Protection Agency announced Wednesday that it has given the Navajo Nation greater authority over its public drinking water network, saying the southwestern tribe will now oversee an additional dozen systems.

  • August 15, 2018

    Housing Agency Must Face New Yorkers' Suit Over Lead Paint

    The New York City Housing Authority, Mayor Bill de Blasio and other city officials must face allegations that they flouted federal housing law by failing to inspect or fix lead paint in public housing, but not claims that they violated the residents' constitutional rights, a New York federal judge has ruled.

  • August 15, 2018

    Suniva Can Move Forward With Creditor Equipment Eviction

    Bankrupt solar cell maker Suniva Inc. can begin eviction proceedings against its largest unsecured creditor after a Delaware judge denied the creditor's bid Wednesday for a temporary restraining order that would have allowed its production equipment to remain in the debtor's Georgia facility.

  • August 15, 2018

    DC Circ. Won't Halt FCC's Next-Gen Rule Amid Challenges

    The D.C. Circuit refused on Wednesday to pause the implementation of a Federal Communications Commission rule intended to accelerate the deployment of infrastructure to support denser, next-generation mobile networks.

  • August 15, 2018

    8th Circ. Allows ND, Energy Cos. $1.3M In Fees In Minn. Row

    The Eighth Circuit affirmed a lower court’s decision to award $1.3 million in attorneys’ fees and costs to North Dakota and a coalition of coal and energy companies that prevailed in a fight against Minnesota's restriction on carbon-intensive out-of-state power plants, deciding that the full award was reasonably imposed.

  • August 14, 2018

    Exxon Investors' Climate Suit Beats Dismissal Bid

    A Texas federal judge denied Exxon Mobil Corp.’s bid to nix a putative securities fraud class action accusing the oil giant of concealing its climate change knowledge, ruling Tuesday that investors sufficiently pled alleged misstatements and mostly met the heightened pleading standard for bringing the suit.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Alaska, Groups Weigh In On High Court Hovercraft Ban Case

    The State of Alaska, an Alaska Native regional corporation and others on Tuesday weighed in on a moose hunter’s U.S. Supreme Court appeal of a Ninth Circuit ruling that said the National Park Service has the right to enforce its hovercraft ban on an Alaska river.

  • August 14, 2018

    Skadden-Led Chinese Electric Carmaker Files $1.8B IPO

    Chinese electric carmaker Nio Inc. filed an estimated $1.8 billion initial public offering on Monday, represented by Skadden Arps Slate Meagher & Flom LLP, setting up the Tesla competitor to record the second-largest U.S. IPO from a Chinese issuer this year.

  • August 14, 2018

    Bosch, GM Want RICO Suit Over Diesel Emissions Tossed

    Robert Bosch and General Motors asked a Michigan federal judge Monday to ax Racketeer Influenced and Corrupt Organizations Act claims in a putative class action accusing the technology supplier and automaker of installing emissions test-cheating devices on Chevrolet Cruze diesel cars, arguing the whole suit should be tossed.

  • August 14, 2018

    Feds Give Green Light For Proposed Alaska Gold Mine

    The U.S. Bureau of Land Management and U.S. Army Corps of Engineers have signed off on a joint record of decision that provides key federal environmental approvals for a proposed Alaska gold mine, a move that was done under the direction of an executive order aimed at speeding up federal reviews.

  • August 14, 2018

    Fiat Chrysler Must Face 'Dirty' Engine RICO Suit, Court Told

    Dodge RAM truck owners on Monday defended their amended proposed class action alleging Fiat Chrysler lied about the vehicles’ emissions performance, insisting that they’ve done extensive testing and have established standing to sue the auto giant and its engine manufacturer under the Racketeer Influenced and Corrupt Organizations Act.

  • August 14, 2018

    US Can't Ease Mexican Import Ban Protecting Porpoise: CIT

    The U.S. Court of International Trade on Tuesday rejected the Trump administration’s bid to limit the scope of a recent ban on seafood imported from Mexico caught with an all-encompassing net that kills the world's smallest and most endangered porpoise, affirming the ban is “effective immediately.”

  • August 14, 2018

    Trusts' $11.7M Fuel Tax Credit Appeal Burned In DC Circ.

    The D.C. Circuit upheld the U.S. Tax Court’s ruling that two trusts involved in the production and sale of landfill gas are not entitled to $11.7 million in tax credits as well as business expense deductions, saying Tuesday that the trusts had not met the necessary statutory requirements to qualify.

  • August 14, 2018

    Ill. AG Takes On Trump Tower Over Wastewater Permit

    The Illinois attorney general has accused the owners of Trump International Hotel and Tower in Chicago of violating state law by discharging heated wastewater into the Chicago River after its permits expired in August.

  • August 14, 2018

    Tesla's Latham-Guided Panel To Study Take-Private Scenarios

    Tesla Inc. said Tuesday that its board of directors has formed a special committee, advised by Latham & Watkins LLP, that will evaluate any going-private proposals for the electric carmaker in the wake of a recent tweet by CEO Elon Musk that signaled his desire to take the company private.

Expert Analysis

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Top 5 NDAA Provisions On Energy And The Environment

    Rachel Jacobson

    On Monday, President Donald Trump will sign the 2019 National Defense Authorization Act. Buried deep within these acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy, say Rachel Jacobson and Matthew Ferraro of WilmerHale.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.