Environmental
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November 13, 2018
DC Circ. Asked To Nix Airlines' Suit Over Portland Airport Fees
The Federal Aviation Administration asked the D.C. Circuit on Tuesday to reject a suit from an airlines trade group challenging Portland International Airport’s use of airport revenue to pay off city utilities, saying the disputed charges are allowed since they count as airport “operating costs.”
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November 13, 2018
EPA Rolls Out 'Cleaner Trucks' Initiative
U.S. Environmental Protection Agency Administrator Andrew Wheeler on Tuesday announced a future rulemaking that will “further decrease” nitrogen oxide emissions for certain heavy-duty trucks and engines while promising to also ensure regulatory certainty for industry.
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November 13, 2018
EPA Regional Head Indicted On Ala. Ethics Charges
An Alabama grand jury on Friday indicted the head of the U.S. Environmental Protection Agency’s Southeastern regional office on ethics charges, including the use of his office for personal gain, just over a year after he was appointed.
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November 13, 2018
Feds Seek End To Tribes' Suit Over Copper Mine Approval
The federal government has asked an Arizona federal judge for a quick win in a suit brought by three Native American tribes challenging the U.S. Forest Service’s decision to greenlight a planned copper mine, saying the agency’s regulations don’t let it block mining even if it could damage tribal cultural sites.
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November 13, 2018
CIT Remands Part Of Ruling On Chinese Solar Cell Sales
The U.S. Department of Commerce erred by including certain sales made by a Chinese solar cell producer as sales the company made in the United States, the U.S. Court of International Trade determined on Tuesday.
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November 13, 2018
EPA Moves To Exempt Animal Waste Reporting Requirements
The U.S. Environmental Protection Agency on Tuesday said it was taking another crack at exempting animal waste emissions from reporting requirements under federal law, following court cases that left the issue up in the air.
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November 13, 2018
Hess Agrees To Pay $8.72M For Spill That Killed Pelicans
Hess Corp. agreed to pay the federal government and Louisiana a total of $8.72 million to fund restoration efforts stemming from the company’s 2005 oil spill that occurred about 13 miles off the state’s coast and allegedly killed "well over" a thousand juvenile pelicans.
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November 9, 2018
What To Know After Court Dumps Keystone XL Approval
A Montana federal judge on Thursday vacated the presidential, cross-border permit for the Keystone XL pipeline and halted work on the controversial project until the U.S. Department of State crafts an environmental review that complies with federal law, casting fresh doubt on the project's future. Here are four key takeaways from the court's ruling.
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November 9, 2018
Fla. Court Breaks Fishermen Class In Tampa Bay Pollution Suit
A Florida appeals court on Friday reversed class certification for a group of commercial fishermen suing Mosaic Fertilizer LLC for allegedly polluting Tampa Bay, ruling that the fishermen had failed to show a reasonable methodology for proving classwide claims.
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November 9, 2018
Feds Blocked From OK'ing Offshore Fracking Permits In Calif.
A California federal judge on Friday blocked the federal government from approving any offshore fracking permits or plans in the state, finding the agency violated the Endangered Species Act and Coastal Zone Management Act.
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November 9, 2018
Ill. AG Says Contaminated Water Dumped In Chicago River
Illinois Attorney General Lisa Madigan has said she slapped four companies with a lawsuit in state court after workers on a 54-story skyscraper project allegedly dumped 6,400 gallons of contaminated water into the Chicago River in June.
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November 9, 2018
Energy Groups Can Intervene In Calif., NM Methane Suit
Two trade groups have won their bid in California federal court to intervene in California and New Mexico's suit against the U.S. Department of the Interior challenging its decision to cut the amount of methane that oil and gas companies can release on federal and Native American lands.
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November 9, 2018
New York City Asks 2nd Circ. To Revive Climate Suit
New York City on Thursday asked the Second Circuit to revive its suit seeking to hold Exxon Mobil Corp., BP PLC and other oil giants accountable for the cost of climate change-related infrastructure damage.
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November 8, 2018
9th Circ. Delays Kids' Climate Change Trial Against Gov't
A high-profile lawsuit brought by children accusing the federal government of causing climate change hit its latest roadblock Thursday when the Ninth Circuit stayed an already-delayed trial in the case, marking the latest twist for the potentially landmark suit that was recently reviewed by the U.S. Supreme Court.
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November 8, 2018
Polluter Jailed Under CWA Tells High Court Act Is Vague
A man who was jailed for polluting a Montana tributary in violation of the Clean Water Act's permitting requirement has told the U.S. Supreme Court the law remains unclear on which bodies of water are covered under its protections and that his case should be reviewed.
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November 8, 2018
Valero Urges DC Circ. To Reverse EPA Fuel Blend Guidance
Valero Energy Corp. asked the D.C. Circuit Court of Appeals on Thursday to overturn an Environmental Protection Agency decision that the company says runs afoul of the Clean Air Act by not fully reviewing the impact of the agency’s renewable fuel program on affected parties.
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November 8, 2018
US Can’t Nix Refund Suit In Recycling Co. Case, Court Says
The Internal Revenue Service must face claims by three companies seeking a refund of taxes levied against them as alter egos of a recycling company, a Missouri federal court ruled Wednesday.
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November 8, 2018
4th Circ. Blocks $5B Pipeline Permit Amid Legal Challenge
The Fourth Circuit on Wednesday put on hold a U.S. Army Corps of Engineers permit for the $5 billion Atlantic Coast gas pipeline amid a challenge from environmentalists, after rebuffing a previous attempt to stay the permit in August.
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November 8, 2018
EPA's Guidance Kills Hydrofluorocarbon Rule, States Say
The U.S. Environmental Protection Agency's guidance on implementing an Obama-era rule restricting hydrofluorocarbon use after the D.C. Circuit vacated parts of it violates the Clean Air Act because it effectively nullifies the entire rule, several states and the Natural Resources Defense Council told the circuit court Wednesday.
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November 8, 2018
EU Finds Romanian Energy Aid Illegal, Orders $69M Return
A Romanian energy firm received some €60 million ($68.58 million) in illegal state aid from the country though publicly financed loans and must repay the amount plus interest, the European Union's competition watchdog said Thursday.
Expert Analysis
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It’s Time For Law Firms To Start Talking About Gen Z
Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
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State Net
How The States Fared In The Midterms
Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.
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Mass. Court Ruling Reinforces 2 Keys To Pollution Coverage
The Massachusetts federal district court's decision in Plainstow Project v. Ace Property & Casualty Insurance illustrates a recent pro-policyholder outcome as to the interplay of a policy's pollution exclusion and the viability of its “sudden and accidental” exception, say Alexander Bandza and Brian Scarbrough of Jenner & Block LLP.
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What To Expect From New Democratic Investigation Efforts
The new Democratic House majority is expected to direct much of its attention to executive branch oversight and accountability. Companies and their legal counsel should be prepared for a dramatically changed collateral environment as investigations cover a wide range of topics, say attorneys at WilmerHale.
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Q&A
Back To School: Yale's Linda Greenhouse Talks Journalism
In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
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Opinion
Celebrate Veterans By Improving Their Access To Justice
Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
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Energy Cos. Engage With A New Forum For Human Rights
National contact points are hearing more human rights, labor and environmental complaints related to energy companies, bringing these grievances to public attention and sharing findings with potential litigants, say attorneys with King & Spalding LLP and an adviser at the Danish Institute for Human Rights.
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Opinion
Time To Reclaim Wellness For All Lawyers
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
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How Blockchain Can Certify Global Supply Chains
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Companies in mining and other industries are seeking to demonstrate the sustainability and ethical integrity of their products and supply chains. Because of its ability to improve transparency and accountability through incorruptible data sharing, blockchain may be ideal for this purpose, say attorneys with White & Case LLP.
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Opinion
Courtroom Doors Open To Legal Assaults On Manufacturers
By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.