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Environmental

  • May 17, 2019

    Enviros Challenge DOI Approvals For Utah Oil Shale Project

    The federal government failed to adequately assess environmental impacts before granting permits for elements of the nation’s first commercial-scale oil-shale mine and processing plant, environmental groups said in a lawsuit filed Thursday.

  • May 17, 2019

    Gov't Must Provide Info In Challenge To 2-For-1 Rule Order

    The D.C. federal judge presiding over public interest groups' challenge to President Donald Trump's executive order requiring that for every new regulation, two rules must be eliminated, said Friday that federal agencies must do a better job complying with discovery.

  • May 17, 2019

    Trump’s Border Wall Faces Skeptical Calif. Judge

    A California federal judge appeared open Friday to blocking the Trump administration from repurposing defense funds to build a wall along the southern border, saying he doesn't know if it is right to let the government build the wall before legal challenges to it are resolved.

  • May 17, 2019

    7th Circ. Weighs Helicopter, Gun Use In Wis. Recreation Area

    The Seventh Circuit wrestled Friday over whether the federal government should have allowed off-road motorcycle riding, dog training with guns and military helicopter training in a Wisconsin recreational area, questioning if the activities would fall under the recreational uses the state initially intended for the area.

  • May 17, 2019

    Ute Tribe Seeks OK Of Tribal Water Theft Ruling

    The Ute Indian Tribe has urged a Utah federal judge to recognize and enforce a nearly $150,000 tribal court judgment stemming from the alleged theft of tribal water, saying the U.S. court should respect the tribal body's decision. 

  • May 17, 2019

    BMW Blasts EU’s Emissions Tech Cartel Case

    BMW AG’s chief executive on Thursday blasted a European Union investigation alleging that it colluded with other German car makers to keep new emissions technology off the market for several years, calling the claims unfounded.

  • May 17, 2019

    Don't Reduce Arbitration To 'Sham' Proceeding, 5th Circ. Told

    China’s state-run aerospace corporation again told the Fifth Circuit on Thursday to overturn the confirmation of a $70 million award over a soured joint venture, arguing that the prevailing companies' perspective would turn arbitrations into “sham proceedings.”

  • May 17, 2019

    Czech Republic Wins 4 Cases Over Solar Energy Incentives

    The Czech Republic has prevailed in arbitration over changes to renewable energy subsidies initiated by four European Union investors that claimed they were owed more than $21 million, after an international tribunal concluded those changes had been reasonable.

  • May 17, 2019

    DC Circ. Won't Block EPA Small Refiner RFS Waiver Action

    The D.C. Circuit on Friday refused to prevent the U.S. Environmental Protection Agency from granting new exemptions to small refiners from the Renewable Fuel Standard program while a biofuel industry group challenges the agency's allegedly revised policy for reviewing exemption requests.

  • May 17, 2019

    Constitutional Group Backs Trump In Wall Funding Fight

    The American Center for Law and Justice has told a D.C. federal court that the Democrat-led House of Representatives has failed to plead its case for an injunction that would block funding for President Donald Trump’s long-promised border wall.

  • May 17, 2019

    EPA Can't Justify Emissions Policy Change, DC Circ. Told

    A new U.S. Environmental Protection Agency policy that allows an easier permit review process for projects that won't significantly increase emissions gives polluters carte blanche to flout national air quality standards, the Sierra Club has told the D.C. Circuit.

  • May 17, 2019

    The Law Firms Making Millions Off The PG&E Cases

    The nation's largest utility company, Pacific Gas and Electric, has paid at least $89 million in the past year in legal fees to firms directly involved with its bankruptcy, civil, criminal and regulatory cases stemming from California wildfires — and the vast majority of that sum has gone to Cravath Swaine & Moore LLP.

  • May 17, 2019

    Greenpeace To Get €2.7M Over Russia's Seizure Of Its Ship

    Greenpeace said Friday that it will receive €2.7 million ($3 million) from the Netherlands after the country settled its claims against Russia over Russia's seizure of the environmental group’s ship that was protesting at an offshore oil platform in the Arctic Ocean.

  • May 16, 2019

    9th Circ. Panel Rips EPA's Weedkiller Approval Process

    Two Ninth Circuit judges on Thursday criticized the U.S. Environmental Protection Agency's process for approving Dow AgroSciences LLC's glyphosate weedkiller Enlist Duo, saying the EPA's voluntary offer to reconsider its approval of the weedkiller has resulted in it skirting legal challenges altogether.

  • May 16, 2019

    Fed. Circ. Says Solar Importer Gets Tariffs, But Also A Refund

    A California solar company will face tariffs on its Chinese solar module imports, but not on those that arrived before the U.S. Department of Commerce started its probe into whether they fall under the scope of those duty orders, a split Federal Circuit panel found on Thursday.

  • May 16, 2019

    Full 6th Circ. Won’t Rehear Flint Contaminated Water Suit

    A Sixth Circuit panel on Thursday denied the city of Flint, Michigan's bid for an en banc review of a lawsuit accusing city officials of exposing residents to contaminated water, saying the panel already considered the city's arguments when it first examined the suit earlier this year.

  • May 16, 2019

    7th Circ. Won't Revive Rail Co.'s $10M Cleanup Coverage Row

    The Seventh Circuit on Thursday rebuffed rail supply company Varlen Corp.'s bid for more than $10 million in coverage from Liberty Mutual over costs of remediating groundwater contamination at two industrial sites, saying a lower court properly barred expert testimony that would have defeated a pollution exclusion in Varlen's policies.

  • May 16, 2019

    NJ's 'Environmental Justice' Effort Targets Vulnerable Towns

    The Garden State’s renewed focus on environmental protection has regulators getting involved with poor communities facing the highest levels of air, soil and water contamination, Attorney General Gurbir S. Grewal told lawyers gathered in Atlantic City for the state bar association’s annual convention.

  • May 16, 2019

    Enviros Push Pa. To Create Limit For PFAS In Drinking Water

    A Pennsylvania environmental group is petitioning the state to set a limit for how much of a disused but long-lived chemical once used in fighting fires is safe for drinking water, citing contamination that lingers around airports and military bases while state and federal officials have postponed action.

  • May 16, 2019

    Trump Pick Jeffrey Rosen OK'd To Replace Rosenstein At DOJ

    Jeffrey Rosen won Senate confirmation to the second-highest Justice Department post Thursday, as Republicans pushed through President Donald Trump’s choice to replace DOJ veteran Rod Rosenstein.

Expert Analysis

  • Key Takeaways From Roundup Verdicts So Far

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    On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • PG&E Oversight Battle Looms For FERC, Bankruptcy Court

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    Although the Federal Energy Regulatory Commission recently reasserted its concurrent jurisdiction with the bankruptcy court over the disposition of Pacific Gas and Electric’s wholesale power contracts in bankruptcy, it is reasonable to assume that this clash between two governmental entities will ultimately be resolved in the U.S. Supreme Court, say attorneys at Blank Rome.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 4 Ways State AGs Are Targeting Energy Sector

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    State attorneys general are playing an increasingly prominent role in regulating energy and environmental activity within their states. Energy sector participants should note AG priorities and take a proactive approach, say attorneys at WilmerHale.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.