Environmental Litigation and Mass Tort

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Tracking The DC Circ.’s Trend On Article III Standing

Washington, DC partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are authors of “Tracking the DC Circ.’s Trend on Article III Standing,” published by Law360.

Article | May 13, 2015

Standing Up for Industry Standing in Environmental Regulatory Challenges

Washington, D.C. of counsel Charles H. Haake and partner Raymond B. Ludwiszewski are authors of "Standing Up for Industry Standing in Environmental Regulatory Challenges" [PDF] published by the Boston College Environmental Affairs Law Review on April 24, 2015.

Article | April 24, 2015

Hope For Environmental Drones Is Still Up In The Air

Washington, D.C. staff attorney Karyn Marsh is co-author of "Hope For Environmental Drones Is Still Up In The Air" [PDF] published on April 3, 2015 by Law360.

Article | April 3, 2015

U.S. Department of the Interior Releases Final Rule Updating Regulations Governing Hydraulic Fracturing Operations on Federal Land

The Bureau of Land Management at the Department of the Interior issued a final rule on March 20, 2015 updating the regulations governing hydraulic fracturing on public lands.

Client Alert | March 24, 2015

Looking At The Legal Deficiencies Of Local Fracking Bans

​Los Angeles partner Jeffrey Dintzer and associates Matt Wickersham and Darcy Elgin are the authors of "Looking At The Legal Deficiencies Of Local Fracking Bans" [PDF] published by Law360 on March 6, 2015 at www.law360.com.

Article | March 6, 2015

2014 Year-End Transnational Litigation Update

2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.

Client Alert | February 27, 2015

Curbing Contingency Fee Arrangements With State AGs

Washington, D.C. associate Zia Oatley is the author of "Curbing Contingency Fee Arrangements With State AGs" [PDF] published February 13, 2015 by Law 360.

Article | February 13, 2015

EPA Announces Program Addressing Methane Emissions from Oil and Gas Production

The U.S. Environmental Protection Agency (EPA) announced its highly anticipated proposal for targeting methane emissions from oil and gas production on January 14, 2015.

Client Alert | January 15, 2015

SB 270: First State to Ban Plastic Grocery Bags

Los Angeles Partner Jeffrey Dintzer and Associate Andrew Tan are the authors of "SB 270: First State to Ban Plastic Grocery Bags" [PDF] published in the January 21, 2014 issue of the Los Angeles Daily Journal.

Article | January 14, 2015

U.S. Environmental Protection Agency Issues Final Regulations Addressing Coal Combustion Residuals from Electric Utilities Under Subtitle D of Resource Conservation and Recovery Act

On December 19, 2014, the United States Environmental Protection Agency ("EPA") issued its final rule governing the storage and disposal of coal combustion residuals ("CCRs")--commonly known as "coal ash"--from electric utilities. 

Client Alert | December 29, 2014

2014 Fracking Year In Review: California Edition

Los Angeles partner Jeffrey Dintzer and associates Matt Wickersham, David Edsall Jr.  and Nathaniel Johnson are the authors of “2014 Fracking Year In Review: California Edition” [PDF] published by Law360 on December 10, 2014 at www.law360.com.

Client Alert | December 10, 2014

Los Angeles Should Block Its Own Ban On Fracking

Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of “Los Angeles Should Block Its Own Ban On Fracking” [PDF] published by Law360 on December 5, 2014 at www.law360.com.

Client Alert | December 5, 2014

11th Circ. Message: Be Careful With Lone Pine Orders

Washington, D.C. partner Michael Murphy and associate David Fotouhi are the authors of "11th Circ. Message: Be Careful With Lone Pine Orders" [PDF] published by Law360 at www.law360.com on November 10, 2014.

Article | November 10, 2014

Counties jumped the gun on fracking bans

Los Angeles Partner Jeffrey Dintzer and Associate Nathaniel Johnson are the authors of "Counties jumped the gun on fracking bans" [PDF] published in the Los Angeles Daily Journal.

Client Alert | November 10, 2014

The Scarlet Letter Of Self-Stigmatized Property

Orange County of counsel James Sabovich and associate Joseph Edmonds are authors of "The Scarlet Letter Of Self-Stigmatized Property" [PDF] published in the October 23, 2014 issue of Law360.

Client Alert | October 23, 2014

Science refutes fracking opposition

Los Angeles Partner Jeffrey Dintzer and Associate Nathaniel Johnson are the authors of "Science refutes fracking opposition" [PDF] published in the Los Angeles Daily Journal.

Client Alert | September 30, 2014

Calif. Anti-Fracking Ordinances On Shaky Legal Ground

Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of “Calif. Anti-Fracking Ordinances On Shaky Legal Ground” [PDF] published by Law360 on August 29, 2014 at www.law360.com.

Client Alert | August 29, 2014

Dukes May Have Doomed Toxic Tort Class Certification

Washington, D.C. partner Peter Seley and associates Stacie Fletcher and Rohan Pai are the authors of “Dukes May Have Doomed Toxic Tort Class Certification” [PDF] published by Law360 on July 30, 2014.

Article | July 30, 2014

Update on Recent Court Decisions Relating to the Dissolution of Redevelopment Agencies in California (July 2014)

This is the second update we have provided to summarize the recent merits rulings issued in the large number of cases currently making their way through Sacramento Superior Court challenging the application of AB1x 26 ("AB 26") and AB 1484 (collectively, the "Dissolution Law").

Client Alert | July 15, 2014

Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp. v. Donziger and 28 U.S.C. § 1782

New York partner Andrea Neuman and associates Jason Stavers and Rachel Brook are the authors of “Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp.

Client Alert | July 14, 2014

Fracking Fights Are Increasingly Becoming Local

Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of "Fracking Fights Are Increasingly Becoming Local" [PDF] published by Law360 on July 2, 2014 at www.law360.com.

Client Alert | July 2, 2014

U.S. Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions through Stationary Source Permitting Requirements under Clean Air Act

On June 23, 2014, the U.S. Supreme Court ruled in Utility Air Regulatory Grp. v. EPA, that the United States Environmental Protection Agency ("EPA") exceeded its statutory authority under the Clean Air Act when it determined that stationary source emissions of greenhouse gases ("GHGs") would trigger permitting obligations under the Prevention of Significant Deterioration ("PSD") program and Title V of the Act.

Client Alert | June 24, 2014

Legal risks of fracking bans are real

Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of "Legal risks of fracking bans are real" [PDF] published on June 24, 2014 by the Los Angeles Daily Journal.

Client Alert | June 24, 2014

U.S. Environmental Protection Agency Proposes Regulations to Limit Carbon Dioxide Emissions from Existing Electric Utility Generating Units

On June 2, 2014, the United States Environmental Protection Agency ("EPA") issued its long-awaited proposed rule to limit carbon dioxide emissions from existing electric utility generating units ("EGU").

Client Alert | June 4, 2014

Environmental Protection Agency Proposes Revisions to MACT Standards Applicable to Petroleum Refinery Operations

Proposed Rule Mandates Fenceline Monitoring for Benzene and Combustion Efficiency Requirements for Flares On May 15, 2014, the Environmental Protection Agency proposed revisions to the MACT standards applicable to petroleum refinery operations.

Client Alert | May 19, 2014

CERCLA Recoveries Have A New Limit For Subcontractors

Washington, D.C. associate David Fotouhi is the author of "CERCLA Recoveries Have A New Limit For Subcontractors" [PDF] published by Law360 on May 6, 2014, at www.law360.com

Client Alert | May 6, 2014

U.S. Supreme Court Resurrects EPA’s Transport Rule in EME Homer City Generation Decision

On April 29, 2014, the U.S. Supreme Court reversed the decision of a divided panel of the D.C. Circuit which vacated EPA's Transport Rule, also known as the Cross-State Air Pollution Rule.

Client Alert | May 1, 2014

Update on Recent Court Decisions Relating to the Dissolution of Redevelopment Agencies in California (April 2014)

This is the first in a series of updates we plan to circulate to briefly summarize recent merits rulings issued in the large number of cases currently pending in Sacramento Superior Court challenging the application of AB1x 26("AB 26") and AB 1484 (collectively, the "Dissolution Law").

Client Alert | April 16, 2014

6th Circ.’s Impact On EPA Review Of Source Modifications

Washington, D.C. associates Stacie Fletcher and David Fotouhi are the authors of "6th Circ.'s Impact On EPA Review Of Source Modifications" [PDF] published by Law360 on April 8, 2014 at www.law360.com.

Client Alert | April 8, 2014

Pressure Mounts to Disclose Fracking Chemicals

Washington, D.C. partner Michael Murphy and senior associate Claudia Barrett are the authors of "Pressure Mounts to Disclose Fracking Chemicals" published by the National Law Journal on April 7, 2014. 

Client Alert | April 7, 2014

Fracking Ban Will Have Consequences

Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of “Fracking Ban Will Have Consequences” [PDF] published in the March 19, 2014 issue of the Daily Journal.

Client Alert | March 19, 2014

Semiconductor Birth Defect Cases Keep Unraveling In Del.

Los Angeles partners Patrick Dennis and Perlette Michèle Jura and associate Beth Coombs are the authors of "Semiconductor Birth Defect Cases Keep Unraveling In Del." [PDF] published by Law360 on March 12, 2014 at www.law360.com.

Client Alert | March 12, 2014

Court of Appeal Affirms Order Vacating Multi-Million Dollar Judgment Against Dole Food Company and Dismissing Case Due to Plaintiffs’ Attorney-Driven Fraud

On Friday, March 7, 2014, the California Court of Appeal in Los Angeles unanimously affirmed dismissal of a case against Gibson Dunn client Dole Food Company as a "fraud on the court" perpetrated by U.S.

Client Alert | March 10, 2014

The Winds of Investigation Are Blowing in D.C. – Are You Prepared??

The winds of investigation are blowing in Washington D.C.As you all know, in response to the record cold in the eastern United States, natural gas prices soared over the past few months.

Client Alert | March 7, 2014

Chevron Wins Major Civil RICO Trial Victory Against Purveyors of Corrupt $9.2 Billion Ecuadorian Judgment

On March 4, 2014, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York entered judgment for plaintiff Chevron in Chevron Corp.

Client Alert | March 5, 2014

2014 Should Be Pivotal For Fracking Regulation

Washington, D.C. associate Claudia Barrett is the author of "2014 Should Be Pivotal For Fracking Regulation" [PDF] published by Law360 on February 10, 2014 at www.law360.com.

Client Alert | February 10, 2014

The Paltry Power Of The Precautionary Principle

Orange County Of Counsel James Sabovich is the author of "The Paltry Power Of The Precautionary Principle" [PDF] published by Law360 on January 27, 2014 at www.law360.com.

Article | January 27, 2014

European Commission Launches Public Consultation on New State Aid Guidelines for Environmental Protection and Energy

On 18 December 2013, the European Commission (the “Commission”) launched a public consultation on a new draft of the Environmental Protection and Energy State aid Guidelines (the “EEAG”).

Client Alert | January 10, 2014

Mexican Energy Reform: New Investment Opportunities Ahead

Since his inauguration in December 2012, Mexico’s President Enrique Peña Nieto has moved to liberalize and strengthen his country’s economy, with an emphasis on telecommunications, tax and financial reforms.

Client Alert | January 9, 2014

In Santa Clara, Litigation Trumped Remediation

Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of "In Santa Clara, Litigation Trumped Remediation" [PDF] published in the December 3, 2013 edition of Law360.

Client Alert | December 3, 2013

The Best to Be Done in a Bad Situation: Southern Union Remand

Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of “The Best to Be Done in a Bad Situation: Southern Union on Remand” [PDF] published in the November 13, 2013 of Bloomberg BNA’s Criminal Law Reporter.

Client Alert | November 13, 2013

Clean Air Act’s PSD Program Under Scrutiny In Courts

Washington, D.C. of counsel Charles Haake is the author of “Clean Air Act's PSD Program Under Scrutiny In Courts”  [PDF] published online by Law360 on November 13, 2013 at law360.com. 

Client Alert | November 13, 2013

The Environmental Protection Agency’s Suspension and Debarment Program

Washington, D.C. partners Joseph West and Raymond Ludwiszewski, and associate Carey Fenton, and the co-authors of "The Environmental Protection Agency's Suspension and Debarment Program" [PDF] published in the November 2013 issue of Thomson Reuters's Briefing Papers.

Client Alert | November 1, 2013

U.S. Supreme Court to Address the Scope of Stationary Source Permitting Requirements in Review of EPA’s Greenhouse Gas Regulations

On October 15, 2013, the U.S. Supreme Court granted certiorari to address whether the United States Environmental Protection Agency permissibly determined that its regulation of greenhouse gas ("GHG") emissions from new motor vehicles under Title II of the Clean Air Act triggered permitting requirements under the Act for stationary sources that emit GHGs.

Client Alert | October 16, 2013

Doctrine Of Consent Will Blossom Again In Calif.

Orange County associate Krista deBoer is the author of “Doctrine Of Consent Will Blossom Again In Calif.” [PDF] published by Law360 at www.law360.com on October 4, 2013.

Client Alert | October 4, 2013

Responsible Energy Policies Are Not a Zero-Sum Game

Los Angeles partner Jeffrey Dintzer and associate John O’Hara are the authors of "Responsible Energy Policies Are Not a Zero-Sum Game" [PDF] published by Law360 at www.law360.com on September 18, 2013.

Article | September 18, 2013

Last Minute CEQA Bill Offers Quick Fixes to Procedural Rules

Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of "Last Minute CEQA Bill Offers Quick Fixes to Procedural Rules" [PDF] published in the September 17, 2013 issue of the Daily Journal.

Client Alert | September 17, 2013

Lone Pine Orders Are Still Useful In Fracking Litigation

Washington, D.C. partner Michael Murphy is the author of "Lone Pine Orders Are Still Useful In Fracking Litigation" [PDF] published by Law360 on August 7, 2013 at www.law360.com.

Client Alert | August 7, 2013

Ten Lessons from the Chevron Litigation: The Defense Perspective

Los Angeles partner Theodore J. Boutrous Jr. is the author of “Ten Lessons from the Chevron Litigation: The Defense Perspective” [PDF] published in the Spring 2013 issue of the Stanford Journal of Complex Litigation.

Client Alert | August 1, 2013

A Comment on The Limits of Liability in Promoting Safe Geologic Sequestration of CO2

​Washington D.C. partner Raymond Ludwiszewski and attorney Karyn Marsh are the authors of "A Comment on The Limits of Liability in Promoting Safe Geologic Sequestration of CO2" [PDF] published in the August 2013 issue of the Environmental Law Reporter.

Article | August 1, 2013

Drawing the Line: Preemption of State Enviro Regulation

Washington, D.C. of counsel Charles Haake and associate Justin Torres is the author of “Drawing the Line: Preemption of State Enviro Regulation” [PDF] published by Law360 on July 15, 2013 at www.law360.com.

Article | July 15, 2013

Will public records trailer make the budget?

Los Angeles partner Jeffrey Dintzer and associate Krista Hernandez are the authors of "Will public records trailer make the budget?" [PDF] published in the June 20, 2013 issue of the Daily Journal.

Client Alert | June 20, 2013

Why Cost-Benefit Analysis In Enviro Law Is Superior

Los Angeles partner Jeffrey Dintzer and associate David Edsall Jr. are the authors of “Why Cost-Benefit Analysis In Enviro Law Is Superior” [PDF] published by Law360 at www.law360.com on June 12, 2013.

Client Alert | June 12, 2013

The Starstruck Medical Causation Trend

Orange County associate James Sabovich is the author of “The Starstruck Medical Causation Trend” [PDF] published by Law360 on May 22, 2013 at www.law360.com.

Client Alert | May 22, 2013

Offsets Survive Challenge as Cap-and-Trade Moves Forward

Los Angeles partner Patrick Dennis, and associates Krista Hernandez and Sheldon Evans are the authors of "Offsets Survive Challenge as Cap-and-Trade Moves Forward" [PDF] published in the April 22, 2013 issue of the Daily Journal.

Client Alert | April 22, 2013

U.S. Supreme Court Holds That Presumption Against Extraterritoriality Applies to the Alien Tort Statute

On April 17, 2013, the Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., __ U.S. __ (2013), addressing the scope of the Alien Tort Statute, 28 U.S.C.

Client Alert | April 18, 2013

Inside EPA’s Plan For Startups, Shutdowns And Malfunctions

Washington, D.C. associate Stacie Fletcher is the author of “Inside EPA's Plan For Startups, Shutdowns And Malfunctions” [PDF] published by Law360 at www.law360.com on April 2, 2013.

Client Alert | April 2, 2013

The Outer Limits Of Expert Testimony Gatekeeping

Los Angeles partners Patrick Dennis and Perlette Michèle Jura and associate Beth Coombs are the authors of “The Outer Limits Of Expert Testimony Gatekeeping” [PDF] published by Law360 on March 13, 2013 at www.law360.com.

Client Alert | March 13, 2013

CEQA Reform: The Aggrieved Instigator

Orange County associates James Sabovich and Krista deBoer are the authors of “CEQA Reform: The Aggrieved Instigator” [PDF] published by Law360 on March 5, 2013 at www.law360.com.

Client Alert | March 5, 2013

US Government Cannot Escape Liability under CERLA

Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of “US Government Cannot Escape Liability under CERLA” [PDF] published in the January 23, 2013 issue of the Daily Journal.

Client Alert | January 23, 2013

Calif. Fracking Litigation May Bring Economic Harm

Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of “Calif. Fracking Litigation May Bring Economic Harm” [PDF] published by Law360 at www.law360.com on December 4, 2012.

Client Alert | December 4, 2012

Alternative Burdens May Come With Alternative Causes

Los Angeles of counsel Brett Oberst and associate David Edsall are the authors of "Alternative Burdens May Come With Alternative Causes" [PDF] published by Law360 at www.law360.com on October 17, 2012.

Article | October 17, 2012

Emerging State Fracking Regulations

Washington, D.C. partner Michael Murphy and associate Claudia Barrett are the authors of "Emerging State Fracking Regulations" [PDF] published in Law360 on August 6, 2012, at www.Law360.com.

Client Alert | August 6, 2012

The Evolving Origins Of Species Under The ESA

Orange County associate Virginia Fitt is the author of "The Evolving Origins Of Species Under The ESA" [PDF] published by Law360 on July 25, 2012 at www.Law360.com.

Client Alert | July 25, 2012

Role Of Contracts, Ownership In AISLIC Trial And Beyond

Los Angeles partner Jeffrey Dintzer and associate Dana Craig are the authors of "Role Of Contracts, Ownership In AISLIC Trial And Beyond" [PDF] published by Law360 on June 8, 2012, at www.law360.com.

Client Alert | June 8, 2012

The TSCA, Lead and The Division Of The Hazardous Bullet

Orange County associates James Sabovich and Heather Hearne are the authors of "The TSCA, Lead and The Division Of The Hazardous Bullet" [PDF] published by Law360 on May 24, 2012 at www.law360.com.

Client Alert | May 24, 2012

More CERCLA Recovery Hurdles For ‘Compelled’ Costs

Washington, D.C. partner Michael Murphy and associate David Fotouhi are the authors of "More CERCLA Recovery Hurdles For ‘Compelled’ Costs" [PDF] published by Law360 at www.Law360.com on April 12, 2012.

Client Alert | April 12, 2012

U.S. Supreme Court Allows Pre-Enforcement Review of Administrative Compliance Orders Issued by EPA Under the Clean Water Act

On March 21, 2012, the United States Supreme Court issued a unanimous opinion in Sackett v. EPA, 556 U.S. ___ (2012), that an administrative compliance order issued by the Environmental Protection Agency ("EPA") under the Clean Water Act was a final agency action properly subject to pre-enforcement review under the Administrative Procedure Act ("APA").

Client Alert | March 23, 2012

Birth Defects — Prenatal Liability Or Workers Comp?

Los Angeles partner Patrick Dennis and associate Perlette Michèle Jura are the authors of "Birth Defects — Prenatal Liability Or Workers Comp?" [PDF] published by Law360 at www.law360.com on March 6, 2012.

Client Alert | March 6, 2012

A Fishy Default

Orange County partner Alan Bick and associate John Carter are the authors of "A Fishy Default" [PDF] published by Law360 at www.law360.com on February 3, 2012.

Article | February 3, 2012

A New Guide To Understanding Science In The Courtroom

Los Angeles of counsel Brett Oberst and associate Candice Ray are the authors of "A New Guide To Understanding Science In The Courtroom" [PDF] published by Law360 at www.law360.com on January 9, 2012.

Client Alert | January 9, 2012

A New Way Of Looking At Solid Waste

Washington, D.C. partner Michael Murphy and associate Carey Fenton are the authors of "A New Way of Looking at Solid Waste" [PDF] published by Law360 at www.law360.com on December 5, 2011.

Client Alert | December 5, 2011

Toxic Torts: Designation for Causation

Orange County associate James Sabovich is the author of "Toxic Torts: Designation for Causation" [PDF] published by Law360 at www.law360.com on November 9, 2011.

Client Alert | November 9, 2011

Case Study: City Of Stockton V. BNSF Railway

Los Angeles partner Patrick Dennis and associate Christopher Nowlin are the authors of "Case Study: City Of Stockton V. BNSF Railway" [PDF] published by Law360 at www.law360.com on October 18, 2011.

Article | October 18, 2011

CEQA Fireworks

Orange County associates Ryan Card and James Sabovich are the authors of "CEQA Fireworks" [PDF] published by Law360 at www.law360.com on September 8, 2011.

Client Alert | September 8, 2011

Byproducts of Restricting EPA Authority

Washington, D.C. partner Raymond Ludwiszewski and Los Angeles associate Tammy Stafford are the authors of "Byproducts of Restricting EPA Authority" [PDF] published by Law360 at www.law360.com on August 1, 2011 .

Article | August 1, 2011

Defending Actions In The United States Arising From Alleged Foreign-Based Torts

Los Angeles partners Scott Edelman, William E. Thomson and Denver partner Gregory J. Kerwin are the authors of "Defending Actions In The United States Arising From Alleged Foreign-Based Torts" [PDF] published by the Rocky Mountain Mineral Foundation for the proceedings of the 57th Annual Rocky Mountain Mineral Law Institute (July 2011).

Client Alert | July 21, 2011

Requiring Causation Proof in Foreign Recognition Actions

Orange County associates James Sabovich, Heather Hearne and Christopher Spiker are the authors of "Requiring Causation Proof in Foreign Recognition Actions" [PDF] published by Law360 at www.law360.com on July 7, 2011.

Client Alert | July 7, 2011

Environmental News: Climate Change – June 2011

June 2011The seventh issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | June 22, 2011

Regulating the Environment Through the Courts

Washington, D.C. of counsel Charles Haake and staff attorney Karyn Marsh are the authors of  "Regulating the Environment Through the Courts" [PDF] published by Law360 at www.law360.com on June 7, 2011.

Client Alert | June 7, 2011

White House Gives Federal Agencies Additional Guidance on Reviewing Existing Regulations

The White House Office of Information and Regulatory Affairs ("OIRA") has issued further guidance to federal agencies on how to conduct the review of existing regulations ordered by the President in January.

Client Alert | May 3, 2011

EPA’s Proposed Emissions Standards for Coal and Oil-Fired Power Plants May Set the Stage for New Toxic Tort Litigation over Exposures to Hexavalent Chromium and Other Chemicals

On March 16, 2011, the U.S. Environmental Protection Agency ("EPA") proposed the first national standards to reduce hexavalent chromium, mercury, and other toxic air pollution from coal and oil-fired power plants, also known as electrical generating units ("EGUs").

Client Alert | May 2, 2011

The EPA’s $1.6B Step Back

Los Angeles partner Jeffrey Dintzer is the author of "The EPA's $1.6B Step Back" [PDF] published by Law360 at www.law360.com on May 2, 2011.

Client Alert | May 2, 2011

Protecting Trade Secrets in Nanotech Info Requests

Orange County partner Alan Bick and associate Aneal Ganta are the authors of "Protecting Trade Secrets in Nanotech Info Requests" [PDF] published by Law360 at www.law360.com on April 8, 2011.

Article | April 8, 2011

Take It Easy on Fracking

Los Angeles partner Jeffrey D. Dintzer and associate Elizabeth M. Burnside are the authors of "Take It Easy on Fracking" [PDF] published by Law360 at www.law360.com on March 15, 2011.

Client Alert | March 15, 2011

Thinking Strategically About Petroleum Contamination

Washington, D.C. partner Michael Murphy and associate Zia Oatley are the authors of "Thinking Strategically About Petroleum Contamination" [PDF] published by Law360 at www.law360.com on February 9, 2011.

Client Alert | February 9, 2011

EPA To Regulate Perchlorate and Sixteen Other Chemicals in Drinking Water

Printable PDF On February 2, 2011, U.S. EPA announced that it will set drinking water limits on the chemical perchlorate, the solvents trichloroethylene (TCE) and tetrachloroethylene (PCE), and a number of other chemicals commonly used in industrial operations.

Client Alert | February 3, 2011

Presidential Executive Order on Regulation Suggests U.S. Rulemakings Will Be Examined More Closely

Printable PDFLast Tuesday, January 18, President Obama signed an Executive Order outlining several ways in which federal agencies should more closely scrutinize both existing regulations, and new rules under consideration.  The Executive Order identifies several issues that parties should consider bringing to the attention of agency officials when participating in rulemakings.  The Executive Order enumerates numerous substantive considerations that agencies should make in the rulemaking process.  Agencies should, for example, base their conclusions on "the best available science," "take into account benefits and costs, both quantitative and qualitative," and "identify and use the best, most innovative, and least burdensome tools for achieving regulat

Client Alert | January 21, 2011

Recent Decision Unsettles EPA Practices

Los Angeles partner Jeffrey D. Dintzer and associate Elizabeth M. Burnside are the authors of "Recent Decision Unsettles EPA Practices" [PDF] published in the November 8, 2010 issue of the Daily Journal. 

Client Alert | November 8, 2010

Environmental News: Climate Change – May 2010

May 2010The sixth issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | May 17, 2010

A New (and Old) Twist on Preemption – the Regulatory Compliance Defense

Los Angeles of counsel Brett H. Oberst and associate Matthew Wickersham are the authors of  "A New (and Old) Twist on Preemption – the Regulatory Compliance Defense " [PDF] published in the May 13, 2010 issue of BNA Inc.'s Toxics Law Reporter.

Client Alert | May 13, 2010

EPA Proposes Significant New Use Rule For Multi-Walled Carbon Nanotubes

Gibson, Dunn & Crutcher's Environmental Litigation and Mass Tort Group is closely tracking regulatory and legislative activity relating to the regulation of nanotechnology, which is an emerging technology that involves an increasing number of products and businesses.

Client Alert | March 1, 2010

The “Glorious Mess” Comes to Court

Washington, D.C. partner Raymond B. Ludwiszewski, of counsel Charles H. Haake and associate Stacie B. Fletcher are the authors of "The 'Glorious Mess' Comes to Court" [PDF] published in February 2010 issue of CCLR by courtesy of Lexxion Publisher, Berlin, Germany.

Client Alert | February 10, 2010

SEC Issues Interpretive Guidance on Climate Change Disclosures

At a meeting held on January 27, 2010, the Securities and Exchange Commission ("SEC") approved by a 3-2 vote an interpretive release (the "Interpretive Release") providing guidance to public companies on the SEC’s existing disclosure requirements as they apply to climate change matters.

Client Alert | February 4, 2010

Obama and EPA Take on TSCA Reform

Los Angeles of counsel Brett H. Oberst and associates Lynn Hang and Lindsey K. Larris are the authors of "Obama and EPA Take on TSCA Reform" [PDF] published in the February 2010 issue of The Environmental Reporter.

Client Alert | February 2, 2010

Renewable Energy Projects Will Be Held to the Same Stringent Standards of the Endangered Species Act as Other Development Projects

A recent federal district court decision in Maryland confirms that the restrictions of the Endangered Species Act (hereinafter "ESA") will be deemed to fully apply to renewable energy projects.

Client Alert | January 25, 2010

Environmental News: Climate Change – December 2009

December 2009 The fifth issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available. We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | December 8, 2009

Nanotechnology Regulation: A Small Reminder to Look Before You Leap

Los Angeles of counsel Brett H. Oberst and Washington, D.C. associates Matthew R. Estabrook and Daniel E. Schmitt are the authors of "Nanotechnology Regulation: A Small Reminder to Look Before You Leap" [PDF] published in the December 2008 issue of Bloomberg Law Reports.

Client Alert | December 1, 2009

Profit or Profiteering: The Growing Fight Over ‘Double Recovery’ in CERCLA

Washington, D.C. partner Peter E. Seley and associate Stacie B. Fletcher are the authors of "Profit or Profiteering: The Growing Fight Over 'Double Recovery' in CERCLA" [PDF] published in the November 5, 2009 issue of BNA's Toxics Law Reporter.Reproduced with permission from Toxics Law Report, 24 TXLR 1282 (Nov.

Client Alert | November 5, 2009

Environmental News: Climate Change – November 2009

November 2009The fourth issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | October 28, 2009