Environmental

  • July 25, 2017

    SunEdison Gets Nod For Ch. 11 Plan Confirmation

    SunEdison Inc. cleared a major hurdle Tuesday, securing a New York bankruptcy court’s approval of its plan to exit Chapter 11 through a series of creditor settlements after objections raised by the renewable green energy giant's shareholders and a dissenting member of its unsecured creditors' committee were overruled.

  • July 25, 2017

    Judge Puts Brakes On Calif. VW Emissions Deal Opt-Outs

    A San Francisco superior court judge said Tuesday she won’t lift a stay on 10 cases brought by Volkswagen owners who opted out of a federal multidistrict litigation settlement over the company’s emissions cheating software, saying she’d rather wait until hundreds of other opt-outs currently in federal court are remanded to state court.

  • July 25, 2017

    GM Can't Sue Asbestos Trust For Wrongful Death Contribution

    A New York bankruptcy judge ruled Monday that General Motors LLC cannot bring suit against an asbestos trust to recover funds paid to the widow of a former employee to settle asbestos exposure claims due to a longstanding "channeling injunction" that bars exposure litigation.

  • July 25, 2017

    Fox Rothschild Picks Up Environmental Partner In Seattle

    Fox Rothschild LLP has added a partner to its environmental practice in Seattle, luring a Summit Law Group PLLC litigator whose experience includes representing FMC Corp. in a challenge to a tribal judgment and serving as counsel to the NBA in a battle over the sale of the Seattle SuperSonics.    

  • July 25, 2017

    Calif. Tribes Press For Quick Win In Highway Project Dispute

    Two Native American tribes urged a federal judge Monday to grant them a quick win against the federal government in their lawsuit challenging a highway project in Northern California over concern for cultural sites and sensitive wetlands, arguing there's "no question" it flouted environmental and historic preservation laws in connection with the project.

  • July 25, 2017

    Dems Float Ban Of Brain Damage-Linked Pesticide

    Sens. Tom Udall, D-N.M., and Richard Blumenthal, D-Conn., introduced a bill Tuesday to ban a pesticide that U.S. Environmental Protection Agency head Scott Pruitt has refused to take off the market despite the regulator’s own science linking the chemical to brain damage and learning disabilities in children.

  • July 25, 2017

    DOT Will Consider Softening Obama Fuel Economy Standards

    The U.S. Department of Transportation's National Highway Traffic Safety Administration may weaken Obama-era fuel economy standards for 2022 to 2025 model passenger cars and light trucks, according to a notice slated to run Wednesday in the Federal Register.

  • July 25, 2017

    NJ Chemical Co. Admits To Water Pollution Violations

    International chemical business Cardolite Corp. on Tuesday in New Jersey state court admitted that it broke the law by failing to accurately monitor and report the pH levels of discharges into the public sewer system from the company's former Newark plant, state officials said.

  • July 25, 2017

    Pruitt Tells EPA Act Faster, Curb Exposure At Superfund Sites

    The U.S. Environmental Protection Agency on Tuesday said a study of Superfund sites and remedies revealed several areas that can be improved, from acting quickly to control areas where human exposure is a risk to discouraging protracted negotiations.

  • July 25, 2017

    Baker Botts Adds MoFo Enviro Chair To SF Office

    Baker Botts LLP has hired Chris Carr, the environmental and energy group chair at Morrison & Foerster LLP, to bolster the firm’s environmental practice on the West Coast, the firm announced Tuesday.

  • July 25, 2017

    Sunoco Ordered To Halt Mariner East Pipeline Construction

    A Sunoco Inc. unit was ordered to halt work on portions of its controversial Mariner East 2 natural gas pipeline in Pennsylvania on Tuesday following spills and drinking water contamination linked to construction-related drilling activity.

  • July 25, 2017

    Pump-And-Dump Orchestrator Ordered To Pay $9.2M To SEC

    The U.S. Securities and Exchange Commission announced Monday that it had obtained final judgment against a man accused of arranging a pump-and-dump stock manipulation scam involving Chimera Energy Corp., an action that enjoins him from violating certain securities law provisions and forces him to pay $9.2 million.

  • July 25, 2017

    New York Beats Back Challenges To Nuke Plant Subsidies

    A New York federal judge on Tuesday nixed challenges to the Empire State's plan to subsidize struggling nuclear power plants, saying the plan doesn't intrude on federal jurisdiction of wholesale electricity markets and is a constitutional use of the state’s authority to tackle climate change.

  • July 25, 2017

    DOI Mining Decision Can Be Challenged, 10th Circ. Says

    The Tenth Circuit on Tuesday reversed a lower court's dismissal of a coal miner's challenge of an enforcement decision by a U.S. Department of the Interior administrative law judge, saying such decisions are final and subject to judicial review once the agency's appeals board declines to stay them.

  • July 25, 2017

    PETA Ordered To Pay Costs In Seaquarium Orca Suit

    A Florida federal judge on Monday adopted the recommendations of a magistrate judge that said Miami Seaquarium should be awarded more than $24,000 for the costs incurred defending a suit over a captive orca, overruling the objections of plaintiff People for the Ethical Treatment of Animals Inc.

  • July 25, 2017

    VW Exec To Plead Guilty In Emissions Cover-Up Case

    A Volkswagen AG executive accused of aiding in a conspiracy to cover up a diesel emissions cheating scandal is set to enter a guilty plea before a Michigan federal judge next month, according to a Tuesday court order.

  • July 25, 2017

    Gov. Brown Signs Extension Of Calif. Cap-And-Trade To 2030

    California Gov. Jerry Brown on Tuesday signed into law a 10-year extension of California's landmark cap-and-trade program, the centerpiece of the state's push to decrease greenhouse gas emissions by 40 percent from 1990 levels.

  • July 25, 2017

    LA County Seeks Immediate Pause On Aliso Canyon Injections

    The County of Los Angeles asked a California court on Monday to immediately halt a state agency’s authorization letting SoCalGas restart injections at the Aliso Canyon gas storage facility, arguing that in the wake of a massive gas leak in 2015, more work on earthquake resiliency is needed.

  • July 25, 2017

    Utilities Hid Climate Change Knowledge, Green Group Says

    The electric power industry knew of the climate change risks of burning fossil fuels as early as 1968, but concealed its knowledge and actively worked to block solutions, an environmental group said Tuesday.

  • July 24, 2017

    10th Circ. Again Nixes Challenge To Santa Fe Park Rules

    The Tenth Circuit on Monday affirmed a lower court’s determination that a challenge to a U.S. Forest Service action restricting vehicle access in the Santa Fe National Forest couldn't be brought for a second time because the issues of standing that doomed the first suit had already been decided.

Expert Analysis

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Federal Energy Procurement Programs Remain Attractive

    Taite McDonald

    The Trump administration's actions sometimes seem to favor fossil fuels at the expense of clean and innovative energy solutions. But federal energy procurement programs clearly continue to promote an integration of the two. The market for renewable energy at military and other government installations will likely continue to grow, say Taite McDonald and Stephen Bolotin of Holland & Knight LLP.

  • The ‘Failing Firm’ Defense: Pointers From A Blocked Deal

    Danyll Foix

    The recently blocked merger between EnergySolutions and Waste Control Specialists not only confirms that exclusive negotiation, or “no talk,” terms in transactions can thwart antitrust defenses like the “failing firm” defense, but also illustrates how parties may implement these terms without creating antitrust problems, says Danyll Foix of BakerHostetler.

  • Looking Ahead For The National Flood Insurance Program

    Michelle Rudd

    The Federal Emergency Management Agency's National Flood Insurance Program will expire if not reauthorized before Sept. 30, 2017, which would have immediate and long-term repercussions for property owners. There is a need to reauthorize the NFIP and improve it in order to align values of a national safety net and self-reliance on both a personal and local community level, says Michelle Rudd of Stoel Rives LLP.