Environmental Law

  • National Law Journal

    Dakota Access Pipeline Legal Battle to Rage Through Summer

    By Cogan Schneier | June 21, 2017

    Gibson Dunn, representing Dakota Access, must file its opening brief by July 17 regarding the Standing Rock Sioux's request to shut down the pipeline. A decision is not expected for months.

    1 minute read

  • Daily Business Review

    Federal Appeals Court Rejects Caloosahatchee Water Case

    By Jim Saunders | June 20, 2017

    A federal appeals court rejected a lawsuit alleging that the U.S. Army Corps of Engineers' management of water flowing from Lake Okeechobee into the Caloosahatchee River caused pollution problems in the Southwest Florida waterway.

    1 minute read

  • The Recorder

    Op-Ed: Will the Ninth Circuit Rein in What Might Be 'the Most Important Lawsuit on the Planet'?

    By Andrew R. Varcoe | June 20, 2017

    Does the U.S. Constitution guarantee a right to be secure against climate change? And do the President and his officers have a legal duty—enforceable by a federal district judge—to pursue and implement an effective strategy to fight climate change? These, to say the least, are cutting-edge questions. And the Ninth Circuit—which remains one of the most important environmental-law courts in the country—may be deciding them very soon.

    1 minute read

  • The Recorder

    Cabraser to Head Fiat Chrysler 'Clean Diesel' MDL

    By Ross Todd | June 20, 2017

    Elizabeth Cabraser will reprise her role leading an emissions-related MDL—to the chagrin of at least one of her co-counsel.

    1 minute read

  • The Recorder

    Grist Creek Aggregates, LLC v. Superior Court (Mendocino County Air Quality Management District)

    By therecorder | The Recorder | June 19, 2017

    C.A. 1st; A149861 The First Appellate District granted a petition for writ of mandate. The court held that an air quality management district review…

    1 minute read

  • New York Law Journal

    SCOTUS Denies Cert in Lawyer's Bid To Enforce Chevron Payment

    By Andrew Denney | June 19, 2017

    New York lawyer Steven Donziger has been foiled in his bid to enforce a multibillion-dollar judgment against Chevron over allegations of environmental damage in Ecuador, after the U.S. Supreme Court denied certiorari from an appeals court decision to block its execution.

    1 minute read

  • Daily Business Review

    Cabinet Taps Florida Forever Fund for Conservation Deals

    By Jim Turner | June 15, 2017

    Gov. Rick Scott and the state Cabinet agreed to use $15 million from the Florida Forever program to buy 407 acres in Gilchrist County — preserving a cluster of natural springs — and to protect 6,071 acres of agricultural land in Polk and Hardee counties.

    1 minute read

  • The Legal Intelligencer

    Coal Mining Bill Could Put Pa. Streams in Jeopardy

    By Mark L. Greenfogel | June 15, 2017

    Following a vote of 32-17 in the Senate earlier this month, the Pennsylvania House of Representatives Committee on Environmental Resources & Energy is considering an amendment to the Bituminous Mine Subsidence and Land Conservation Act of April 27, 1966, P.L. 31, as amended, 52 P.S. Sections 1406.1-1406.21 (BMSLCA or Mine Subsidence Act).

    1 minute read

  • The Legal Intelligencer

    Multiple Trigger Doctrine and Impacts to Superfund Litigation

    By Candee Wilde | June 15, 2017

    The Commonwealth Court recently held that certain comprehensive general liability (CGL) "occurrence" insurance policies issued before the institution of a blanket pollution exclusion cover latent environmental contamination that occurred during the policy period, even when such contamination does not manifest until after the policy period expires. This holding identified latent environmental contamination as falling within an exception to the longstanding rule that CGL occurrence insurance policies are triggered by the first manifestation of injury, as in Pennsylvania Manufacturers' Association Insurance v. Johnson Matthey, No. 330 (Pa. Commw. Ct. April 21).

    1 minute read

  • New York Law Journal

    MTBE Pollution Ruling Is Reversed by Circuit

    By B. Colby Hamilton | June 13, 2017

    The Second Circuit reversed a ruling that found a pollution settlement with several oil companies and a district attorney in California precluded legal action by the local water board.

    1 minute read

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