Environmental Litigation and Mass Tort

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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