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Environmental

  • April 24, 2019

    DHS Waives More Enviro Laws To Speed Border Wall Buildup

    The U.S. Department of Homeland Security on Wednesday waived a slew of environmental protection and conservation laws that it said could hinder the construction of barriers along the U.S.-Mexico border, repeating a move that previously landed the agency in federal court.

  • April 24, 2019

    Lockheed Slams DOJ's 'Contrived' Nuclear Kickback Claims

    Lockheed Martin has asked a federal court to end the government’s False Claims Act suit alleging it paid bribes to snag a cleanup contract at the defunct Hanford plutonium production facility, saying the government’s allegations ignore congressional intent and U.S. Supreme Court precedent.

  • April 24, 2019

    Puerto Rico Insurer Argues Against Arbitration In $150M Suit

    A $150 million reinsurance fight over Puerto Rico's damage from hurricanes Maria and Irma cannot be arbitrated without breaking the island's laws, the Puerto Rican insurer Integrand told a federal court Tuesday.

  • April 24, 2019

    Monsanto Appeals $78.5M Loss In First Roundup Trial

    Monsanto asked a California appeals court Tuesday to reverse a $78.5 million verdict awarded to a school groundskeeper who claimed Roundup weedkiller caused his lymphoma in the first landmark trial over the herbicide’s alleged cancer risks.

  • April 24, 2019

    Calif. Fracker Denied Exemption From Offshore Permit Order

    A California federal judge said he was not persuaded that his order blocking the approval of offshore fracking permits would cause inordinate financial harm to an oil and gas company, refusing its request to amend the order and let its two wells move forward.

  • April 24, 2019

    Enviros Ask 9th Circ. Not To Dismiss Keystone XL Challenge

    Environmental groups said President Donald Trump’s move to issue a new permit for the Keystone XL pipeline does not mean that the Ninth Circuit should dismiss the case and throw out a lower court’s order enjoining construction.

  • April 24, 2019

    EPA Won't Revise Drilling Waste Regulations Despite Review

    The U.S. Environmental Protection Agency has refused to update drilling waste disposal rules following a court-ordered review, saying that states can handle any waste-related environmental issues that have arisen during the U.S. oil and gas boom.

  • April 24, 2019

    Ariz. Utility Hit With Antitrust Suit Over Solar Rates

    An Arizona public utility is maintaining a stranglehold on the electric market by upcharging customers who supplement their electricity supply with their own solar power, according to a renewed proposed class action.

  • April 24, 2019

    Corning, Philips Say Don't Drop Lengthy Glass Pollution Suit

    Corning Inc. and Philips Electronics asked a Kentucky federal judge not to dismiss a long-running lawsuit accusing them of causing health problems by releasing hazardous materials, arguing that the property owners and residents were simply trying to refile the case in a different forum to avoid setbacks.

  • April 24, 2019

    Pa. Jury Convicts Ex-Biofuel Co. Execs Of $10M Tax Fraud

    A Pennsylvania federal jury has convicted a biofuel company and its former owners of defrauding the U.S. Environmental Protection Agency by lying about how much biodiesel they were creating to claim millions of dollars in renewable energy tax credits.

  • April 24, 2019

    US Pushes $8M Deal For Cleanup Of Michigan 'Moonscape'

    The federal government on Tuesday urged a Michigan federal judge to approve an agreement that would force CMS Energy Corp. to pay $8 million for costs related to the cleanup of a concrete-dust covered site on Lake Michigan that resembled a "moonscape."

  • April 24, 2019

    Ford Revs Up Electric Push With $500M Rivian Investment

    Electric vehicle manufacturer Rivian on Wednesday said Ford will pay $500 million for a stake in the company as the automotive giant looks to incorporate some of the technologies used by the startup into its own portfolio.

  • April 24, 2019

    House Pushes Court To Block Trump's Border Wall Funding

    The Democrat-led U.S. House of Representatives has asked a D.C. federal court to block the Trump administration from using an emergency declaration to spend beyond what Congress appropriated to build a wall on the southern border.

  • April 23, 2019

    PG&E's $350M Worker Bonus Plan OK'd Over Objections

    A California bankruptcy judge on Tuesday approved PG&E Corp.'s plan to pay up to $350 million in bonuses to 10,000 employees over objections from fire victims, saying during a hearing that cutting workers' compensation due to wildfire concerns seems to be the "wrong way to deal with the problem."

  • April 23, 2019

    Wash. AG Can Enter Enviros' Suit Over US Navy Pollution

    A Washington federal judge agreed Tuesday to allow that state's attorney general to intervene in a lawsuit by environmentalists and the Suquamish Tribe claiming the U.S. Navy's process for cleaning decommissioned ships has heavily polluted a federal Superfund site on the Puget Sound.

  • April 23, 2019

    2 Insurance Brokers Aim To Duck Volcano Damage Class Suit

    Two Hawaii insurance brokers urged a federal court Monday to free them from a proposed class action alleging they left homeowners unprotected during a 2018 volcanic eruption by steering the residents to buy Lloyd’s of London policies that excluded lava damage coverage.

  • April 23, 2019

    Advocates Say Iowa's 2nd 'Ag-Gag' Law Unconstitutional

    Animal rights groups asked an Iowa federal court to strike down the state’s second version of a law advocates say is aimed at preventing undercover investigations of farms after the first attempt was struck down.

  • April 23, 2019

    9th Circ. Revives Enviros' USDA Wolf Killing Policy Suit

    The Ninth Circuit on Tuesday revived a lawsuit by environmental groups claiming the U.S. Department of Agriculture is improperly managing Idaho's wolf population by killing and trapping the animals.

  • April 23, 2019

    Atty Can't Sue VW For $1.5M In Unpaid Fees, MDL Judge Says

    A California federal judge on Tuesday barred an attorney from pursuing a $1.5 million lien against Volkswagen AG in Virginia state court to recover unpaid attorney fees, saying his claims are encompassed in the automaker’s $10 billion deal that resolved multidistrict litigation over its emissions cheating.

  • April 23, 2019

    DC Circ. Says EPA Was Right Not To Expand Ozone Region

    The D.C. Circuit on Tuesday rejected a group of East Coast states' effort to force the U.S. Environmental Protection Agency to impose stricter ozone controls on upwind states to limit the spread of air pollution.

Expert Analysis

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Calif. Chemical Reg Changes Could Affect Many Products

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    Following the introduction of a bill that would significantly expand California's decade-old framework for regulating chemicals in consumer products, businesses should assess their product inventory for chemicals that may soon be regulated, and monitor the state's regulatory process, say attorneys at Arnold & Porter.

  • How Treaties Protect Investors When Clean Energy Regs Shift

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    When changes in clean energy regulations lead to investor disputes, domestic companies may be limited to challenging regulatory changes in local courts, but investors from abroad can often seek remedies under international law, say attorneys at WilmerHale.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • Considerations When Using CEQA To Fight Land Use Projects

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    Two California appellate decisions demonstrate some of the legal missteps parties must be wary of when using the California Environmental Quality Act to challenge a land use project, says Stephanie Smith of Grid Legal.