A D.C. Circuit panel on Tuesday examined whether a 2015 U.S. Environmental Protection Agency rule aimed at reducing ozone emissions can realistically be complied with and what criteria the agency relied on when determining whether permitted emission levels are safe.
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DC Circ. Probes EPA Rationale For Obama Ozone Rule

A D.C. Circuit panel on Tuesday examined whether a 2015 U.S. Environmental Protection Agency rule aimed at reducing ozone emissions can realistically be complied with and what criteria the agency relied on when determining whether permitted emission levels are safe. Read full article »

Enviros Fight To Sink NY Nuke Subsidies

A coalition of environmental groups on Monday asked a New York state judge to strike down a state program offering subsidies to prop up struggling nuclear power plants, arguing that the state's Public Service Commission violated the requirements for public comment and review. Read full article »

Exxon Insists Bid To Halt NY AG Climate Probe Is Valid

Exxon Mobil Corp. urged the Second Circuit to keep alive its bid to halt New York state's climate change probe, arguing the Empire State can't be shielded from judicial review of alleged constitutional violations just because it's now launched a civil enforcement case against the oil giant. Read full article »

Keep Youth Climate Suit On Hold, Feds Tell Judge

The U.S. government on Monday urged an Oregon federal judge to maintain her stay of a children's suit accusing the government of pushing policies that contribute to climate change while the Ninth Circuit mulls its latest bid to dismiss the case, saying the children haven't justified the need for a restart. Read full article »


French Protests Highlight Difficulty Of Taxing Carbon

French President Emmanuel Macron’s reversal on a proposed fuel tax increase in the face of violent protests has cast doubt on the political viability of wide-ranging consumption taxes that may be necessary to combat climate change. Read full article »


States Plan Regional Pact To Slash Transportation Emissions

Nine eastern U.S. states and the District of Columbia on Tuesday announced plans to develop a regional cap-and-invest system aimed at slashing carbon emissions from the transportation sector, echoing the Regional Greenhouse Gas Initiative that uses cap-and-trade to reduce carbon emissions from power plants. Read full article »


German Auto Co. Agrees To $35M Fine In VW Emissions Case

A German automotive engineering company entered into a plea agreement Tuesday to pay $35 million for its alleged role in a long-running scheme by Volkswagen AG to sell diesel vehicles in the United States that use a "defeat device" to cheat on vehicle emissions tests required by federal law. Read full article »



Where 5 Top MDLs Stand At The End Of 2018

The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials. Read full article »

Kinder Morgan Unit Faces $5M Suit Over Chemical Spill

Fallout from a chemical spill near a Kinder Morgan unit-owned pipeline landed in Texas state court Monday as two landowners brought a proposed class action claiming the company negligently released the toxic chemicals causing more than $5 million in environmental damage over 3,000 to 5,000 acres of land. Read full article »

Gov't Agrees To Dam Water Release In Fish Protection Row

Washington state and several federal agencies have reached a deal with Oregon and the Nez Perce Tribe to ensure that endangered salmon and steelhead can traverse the Columbia River basin while the government works on a new environmental analysis regarding dams in the waterway, according to a Tuesday announcement. Read full article »




State Legislatures May Be Next Stop For Oil And Gas Regs

The recent failure of several oil- and gas-related ballot initiatives across the U.S. may ultimately result in environmental groups taking their fight directly to state lawmakers, say Jeffrey Dintzer and Gina Angiolillo of Alston & Bird LLP. Read full article »



The Year #MeToo Rocked In-House Law Departments

General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments. Read full article »

10th Circ. Throws Out Complaints Against Justice Kavanaugh

The Tenth Circuit has dismissed a slew of misconduct complaints against Justice Brett Kavanaugh stemming from his Senate confirmation testimony, saying Tuesday that while allegations that he lied under oath and deployed disqualifying partisan rhetoric are "serious," the circuit court no longer has jurisdiction over them now that he's on the U.S. Supreme Court. Read full article »


The Moments That Mattered Most For Legal Ethics In 2018

Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018. Read full article »

Arent Fox Merging With Boston’s Posternak Blankstein In 2019

Arent Fox LLP will expand into the Boston legal market in 2019, announcing Tuesday it will merge with Hub-based Posternak Blankstein & Lund LLP effective New Year’s Day. Read full article »

Former CPSC Atty Joins Schiff Hardin In DC

Schiff Hardin LLP on Tuesday announced that a former U.S. Consumer Product Safety Commission senior counsel has joined the firm as counsel in its product liability and mass torts practice group in Washington, D.C. Read full article »

Atty For House Speaker Joins Hedge Fund Trade Group

The general counsel and senior adviser for the Office of the Speaker of the U.S. House of Representatives has joined a hedge fund industry trade association as general counsel, the association announced Monday. Read full article »

Trump And Cohen: What Lawyers Can Learn

Though many details have yet to emerge, the takeaway for lawyers watching the trial of Michael Cohen is a simple one: You can act as a legal advocate, but don’t let “blind loyalty” to your client — no matter how powerful they may be — direct your behavior, says criminal defense attorney Arash Hashemi. Read full article »

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