Environmental

  • July 19, 2019

    Judge Chides Carnival Execs To Take Lead On Pollution Fixes

    A frustrated Florida federal judge pressed Carnival Corp. leaders Friday to demonstrate their commitment to changing the company's approach after agreeing last month to pay $20 million for violating a previous settlement for illegal dumping.

  • July 19, 2019

    NH Justices Back Block Of Eversource Hydropower Project

    New Hampshire state regulators were within their authority to reject Eversource Energy's proposal for the primary portion of a $1.6 billion power line project intended to ship Canadian hydroelectricity to Massachusetts, the state's Supreme Court held Friday.

  • July 19, 2019

    Biggest Enviro Law Cases To Watch In The 2nd Half Of 2019

    Here, Law360 takes a look at some of the biggest environmental cases to watch in the second half of 2019, including U.S. Supreme Court appeals based on Superfund and Clean Water Act issues and a challenge to President Donald Trump's authority to shrink national monuments designed by his predecessor.

  • July 19, 2019

    Couple Tries To Save $2B Roundup Win After Judge Slashes It

    A couple urged a California judge Friday to keep intact a $2.055 billion jury verdict against Monsanto in a trial over claims its Roundup contributed to their cancer, after the judge tentatively ruled that the award should be cut significantly.

  • July 19, 2019

    Scientists Ask 1st Circ. To Revive Expert 'Purge' Lawsuit

    A group of scientists told the First Circuit a lower court wrongly signed off on a Trump administration directive that bars scientists from its advisory committees who receive U.S. Environmental Protection Agency grants, saying it violates the Administrative Procedure Act.

  • July 19, 2019

    Army Corps Owes ND $38M For Pipeline Protests, Suit Says

    North Dakota hit the U.S. government with a suit in federal court, claiming the U.S. Army Corps of Engineers owes the state $38 million for failing to contain protests against the Dakota Access Pipeline.

  • July 19, 2019

    Fed. Circ. Revives Suit Alleging Air Force Contaminated Water

    The Federal Circuit on Friday revived two California water districts' case over hexavalent chromium contamination allegedly stemming from a local U.S. Air Force base, saying a lower court had misclassified their claims as a regulatory taking dispute instead of a physical taking case.

  • July 19, 2019

    DC Circ. Backs EPA On Ditching Hardrock Mining Rule

    The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

  • July 19, 2019

    Chocolatier's $49M Sandy Coverage Claim Headed To Trial

    Madelaine Chocolate Novelties Inc.’s bid to force a Chubb Ltd. insurer to pay an additional $49 million for property damage and business interruption losses caused by Superstorm Sandy is bound for trial after a New York federal judge held Thursday that the scope of coverage under the chocolatier’s policy is unclear due to several conflicting terms.

  • July 19, 2019

    Sens. Seek Info On Appraiser In Easement Donation Probe

    Senate Finance Committee lawmakers said Friday they requested information from an Alabama real estate licensing board about an appraiser who is alleged to have participated in abusive conservation easement transactions that resulted in $1.8 billion in federal tax deductions.

  • July 18, 2019

    EPA Won't Ban Chlorpyrifos, Legal Battle Looms

    The U.S. Environmental Protection Agency on Thursday confirmed its decision not to ban the pesticide chlorpyrifos, though several states have banned it over its link to negative health impacts and environmental groups continue to push for limits on it.

  • July 18, 2019

    House Panel Supports Ban On Drilling In Chaco Canyon

    The House Natural Resources Committee has given its blessing to a bill that seeks to withdraw federal land around New Mexico's Chaco Canyon from future oil and gas drilling, saying the proposal is ready to be taken up by the full U.S. House of Representatives.

  • July 18, 2019

    Justice Stevens Ruling Set Groundwork For US Climate Policy

    Justice John Paul Stevens' landmark decision in Massachusetts v. EPA forced the federal government to address the problem of climate change and unleashed a flood of decarbonization policies, a deluge that the Trump administration is trying to reverse.

  • July 18, 2019

    Gov't Sues Chemical Co. Over Deadly La. Plant Explosion

    A Louisiana chemical manufacturing company could have prevented a 2013 explosion that killed two and injured 167 at its facility, according to a Clean Air Act lawsuit filed by the U.S. Attorney's Office for the Middle District of Louisiana on Wednesday.

  • July 18, 2019

    Climate Change Divides FERC As LaFleur Says Goodbye

    Members of the Federal Energy Regulatory Commission relitigated how the agency should consider the climate change impacts of projects Thursday in Commissioner Cheryl LaFleur's final meeting, underlining a continued disagreement between its members.

  • July 18, 2019

    DOJ's New Enviro Cases Down Nearly A Third, Report Says

    The U.S. Department of Justice has filed a steadily decreasing number of environmental lawsuits in federal district court since 2010, while green groups have picked up some of the slack and law firms are busier than ever, according to a new litigation report.

  • July 18, 2019

    AEP To Partially Shut Down Indiana Coal-Fired Power Plant

    American Electric Power Corp. has agreed to retire 1,300 megawatts of coal-fired power at its plant in Rockport, Indiana, by the end of 2028 and make additional investments in emissions reductions as part of an amendment to a 2007 Clean Air Act settlement.

  • July 18, 2019

    BLM Urges End To Suit Over Alaska Oil, Gas Exploration

    The U.S. Bureau of Land Management has asked an Alaska federal court to toss a suit by a tribe and environmental groups over an oil and gas exploration plan in the National Petroleum Reserve-Alaska, saying the agency's environmental analysis complied with federal law and the suit is moot since the exploration ended in May.

  • July 18, 2019

    DOJ Probing Waste Management's $4.9B Disposal Biz Buy

    The U.S. Department of Justice is scrutinizing Waste Management's planned $4.9 billion enterprise value purchase of solid waste collection and disposal company Advanced Disposal Services, the companies disclosed Thursday.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    Sterigenics Settles Ill. Emissions Suit, Hopes To Reopen Plant

    Medical device sterilization company Sterigenics announced Wednesday that it reached an agreement with the state of Illinois to install new equipment, paving the way to reopen its Chicago-area facility after the state sued the company over allegations it broke laws governing emissions.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

Expert Analysis

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • The Nondelegation Doctrine And Enviro Regs, Post-Gundy

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    The U.S. Supreme Court’s recent decision in Gundy v. United States may have opened the door to a revitalization of the long-dormant nondelegation doctrine. Such a shift could make it difficult for a future administration to deal with climate change without congressional action, say William McGrath and Jeffrey Jay of Brownstein Hyatt.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • How Carbon Capture Tax Credit Financing Would Work

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    Legislation recently introduced in the Senate would create a new tax-exempt financing option for carbon dioxide generating facilities that spend capital developing green countermeasures for carbon capture and sequestration, says Taylor Klavan of Squire Patton.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • What Justices' Deference Opinion Means For Employers

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    The U.S. Supreme Court rewrote the rules on judicial deference to federal agency guidelines with its recent decision in Kisor v. Wilkie. For employers — where agency guidance frequently disclaims authoritative use — it means a lot of settled law is potentially up for grabs, says Steven Katz at Constangy Brooks.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • ARIA Paves The Way For US Reengagement With Asia

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    A U.S. Senate subcommittee recently held hearings concerning the 6-month-old Asia Reassurance Initiative Act, which seeks to renew U.S. engagement in the Indo-Pacific region. But the success of the law will depend on whether the private, governmental and nongovernmental sectors make full use of the funding it provides, says Chuong Le of Snell & Wilmer.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.