Members of a contractor joint venture have urged a Texas federal judge not to allow Mt. Hawley Insurance Co. to appeal a ruling that required it to defend them against a lawsuit over allegedly faulty construction on a San Antonio-area sports complex, saying Mt. Hawley does not have an adequate question that needs review by the Fifth Circuit.
On the same day the U.S. Department of the Interior finalized a plan to reverse much of an Obama-era rule that sought to reduce methane release from oil and gas operations on federal and tribal lands, California and New Mexico challenged the rollback as harmful and unsupported by facts.
The Ninth Circuit’s recent decision knocking down California's new fee on rail cars transporting hazardous materials but leaving the door open to such a levy if it were "fair" raises new questions on the breadth of federal preemption concerning railroad rates and services, experts say.
The U.S. Department of the Interior finalized Tuesday a plan to eliminate most of an Obama-era rule aimed at reducing the amount of methane that oil and gas companies release on federal and Native American lands, saying the regulations went far beyond the agency’s authority.
A Puerto Rico federal judge denied on Tuesday a motion by unsecured creditors in its government’s bankruptcy proceedings to enforce a stay and prevent a proposed Government Development Bank restructuring, finding that neither the automatic stay nor the court’s stay order applies to moves made by the debtor.
Canadian multinational energy transportation giant Enbridge Inc. unveiled Tuesday multiple multibillion-dollar deals that total roughly $7.1 billion and are meant to simplify the company’s corporate structure, in transactions guided by McCarthy Tétrault LLP, Sullivan & Cromwell LLP, Vinson & Elkins LLP, Bracewell LLP, Morris Nichols Arsht & Tunnell LLP, Norton Rose Fulbright Canada and Gibson Dunn & Crutcher LLP.
An investor in Energy Transfer Partners LP filed a proposed class action in Texas federal court on Monday that aims to block a unitholder vote on the potential $27 billion acquisition of the gas and propane company by a subsidiary of its sister partnership.
Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suits, arguing that multilateral development banks are fundamentally different from sovereign states.
The U.S. Environmental Protection Agency on Friday urged the D.C. Circuit to reject a bid by Clean Power Plan supporters to decide the merits of the rule, saying its proposed replacement should be finalized by the first part of 2019.
A pair of Florida counties on Friday urged a D.C. federal judge to scrap a $1.15 billion tax-exempt bond funding the construction of a private passenger rail line, saying federal agencies failed to account for significant public safety and environmental concerns.
Green groups on Friday asked the D.C. Circuit to invalidate the Trump administration's decision to kill an Obama-era rule that would have required hardrock mining facilities to prove they can pay for cleanup efforts, saying the agency improperly ignored the industry's effects on health and the environment.
New York and New Jersey transportation agencies asked a federal judge Friday to dump a proposed class action alleging they're slapping motorists with improper fees and excessive penalties from cashless tolls, such as E-ZPass, saying the agencies are well within their authority to go after toll violators.
Anadarko Petroleum Corp. told the Texas Supreme Court Monday that an excess insurer at Lloyd’s of London has effectively rewritten policy terms to avoid paying more than $100 million in Deepwater Horizon litigation defense costs, while the insurer says Anadarko is seeking a drastic expansion of coverage.
A pair of pipeline companies urged the D.C. Circuit on Friday to review a Federal Energy Regulatory Commission policy removing a tax perk for pipeline master limited partnerships, a companion to a rule directing gas pipeline operators to disclose the effect of recently enacted corporate tax cuts on their rates.
The Fourth Circuit on Monday denied a bid by a group of environmental activists to halt construction of the $3.5 billion Mountain Valley gas pipeline while the U.S. Forest Service and the Bureau of Land Management revise approvals thrown out by the appeals court.
The Seventh Circuit's recent ruling that subsidies offered by Illinois to prop up struggling nuclear power plants are lawful backs the argument that New York's similar nuclear subsidy program passes legal muster, a lawyer for Exelon Corp. told the Second Circuit on Friday.
Midland, Texas-based oil and gas exploration and production company Tall City Exploration III LLC said on Monday that it has received a line of equity financing of up to $500 million from funds affiliated with private equity firm Warburg Pincus LLC.
The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.
The federal government on Friday brushed aside notions that the Cold War-era national security law the Trump administration used to levy steel tariffs is unconstitutional, telling the U.S. Court of International Trade that Congress has left foreign affairs to the president and as commander-in-chief his authority under the law is "at a maximum."
The Bay Mills Indian Community urged the federal government on Thursday to cancel a proposal to allow Enbridge Energy LP to perform construction work on an oil pipeline in the Great Lakes, saying the government's approval of the plan would help the company avoid a required environmental review.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.
Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.
Last year's tax overhaul created an incentive program to encourage the investment of private capital in certain "opportunity zones" throughout the United States. The IRS is expected to issue guidance for interpreting many of the opportunity zone provisions in short order. However, the success of this program could depend upon the IRS' answers to these 10 questions, says Marc Schultz of Snell & Wilmer LLP.
The U.S. Environmental Protection Agency's proposed Affordable Clean Energy rule, released last month, provides states with significant leeway on regulating electric power generation. This would likely mean substantial variations between states and even individual generating units, say Joel Beauvais and Stacey VanBelleghem of Latham & Watkins LLP.
In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.
A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.
Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.
In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe — "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.
After two decades, the U.S. Environmental Protection Agency is overhauling its enforcement framework to shift the focus to nontraditional methods. A push for significant changes in this realm is unsurprising since the agency has much greater running room under the Administrative Procedure Act, say Andrew Stewart and Richard Alonso of Sidley Austin LLP.
E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.