Environmental Litigation and Mass Tort

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Energy Industry Reacts to SEC Proposed Rules on Climate Change

Gibson Dunn has surveyed the comment letters submitted by public and private energy companies and related industry associations regarding the proposed rules by the Securities and Exchange Commission on climate change disclosure requirements for U.S. public companies and foreign private issuers.

Client Alert | August 10, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

Client Alert | June 30, 2022

Webcast: Understanding the SEC Rule Proposal on Climate Change Disclosure

In March 2022, the Securities and Exchange Commission approved a rule proposal for new climate change disclosure requirements for both U.S. public companies and foreign private issuers. In this webcast, a panel of Gibson Dunn lawyers provides an overview of the proposed requirements and discuss the key takeaways and the impact the proposal, if adopted, would have on public companies.

Webcasts | April 21, 2022

Calif. Cities’ Drilling Bans May Face Pushback In State Courts

Orange County partner Thomas Manakides and associate Joseph Edmonds are the authors of "Calif. Cities' Drilling Bans May Face Pushback In State Courts" published by Law360 on March 28, 2022.

Article | March 28, 2022

Webcast: 2022 Environmental Update

Join our panelists from Gibson Dunn’s Environmental Litigation and Mass Tort practice group and Environment, Social, and Governance (ESG) practice area as they discuss significant developments in federal and California environmental law and forecast what to expect for 2022. This webcast covers a range of topics of significant interest to regulated industries, including ongoing and anticipated rulemakings, federal enforcement targets and initiatives, the evolving ESG landscape, and more.

Webcasts | February 9, 2022

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

The French Government Is Required to Take Measures to Compensate for Ecological Damage for Which It Is Responsible

In a judgment dated 14 October 2021 related to the so-called “Case of the Century”, the Paris Administrative Court (the Court) ordered the State to make good the consequences of its failure to reduce greenhouse gas (GHG) emissions. In this respect, the Court ordered that the excess of the GHG emissions cap set by the first carbon budget be offset by 31 December 2022 at the latest. The French Government remains free to choose the appropriate measures to achieve this result.

Client Alert | October 25, 2021

9th Circ. Chromium Ruling May Expand Water System Liability

Washington, D.C. partner David Fotouhi is the author of "9th Circ. Chromium Ruling May Expand Water System Liability," [PDF] published by Law360 on October 14, 2021.

Article | October 15, 2021

Two Who’s Who Legal 2021 Guides Recognize Five Gibson Dunn Partners

Five Gibson Dunn partners were recognized in Who’s Who Legal 2021 Environment and Who’s Who Legal 2021 Government guides.

Firm News | September 30, 2021

New EPA Rule Bans Use of Pesticide Chlorpyrifos on Food

On August 18, 2021, the EPA released a final rule revoking tolerances for chlorpyrifos residues on food. EPA took this action to “stop the use of the pesticide chlorpyrifos on all food to better protect human health, particularly that of children and farmworkers.” The agency will also issue a Notice of Intent to Cancel under the Federal Insecticide, Fungicide, and Rodenticide Act to cancel registered food uses of the chemical associated with the revoked tolerances.

Client Alert | August 19, 2021

Proposed Regulations on Safe Harbor Warning Language for Glyphosate under California’s Proposition 65

On July 23, 2021, the California Office of Environmental Health Hazard Assessment released an Initial Statement of Reasons and proposed text for new regulations concerning safe harbor warnings under California’s Safe Drinking Water and Toxics Enforcement Act of 1986 (Proposition 65) for consumer products containing the herbicide glyphosate.

Client Alert | July 29, 2021

Green Investments Are Not Immune To ESG Scrutiny

Washington, D.C. partner Michael Murphy and associate Kyle Neema Guest are the authors of "Green Investments Are Not Immune To ESG Scrutiny," [PDF] published by Law360 on July 27, 2021.

Article | July 28, 2021

David Fotouhi Named an Energy & Environmental Trailblazer

The National Law Journal named Washington, D.C. partner David Fotouhi an Energy & Environmental Trailblazer for his work at the U.S. Environmental Protection Agency.

Firm News | July 1, 2021

Supreme Court Upholds Broad Eligibility For Small Refineries Seeking Hardship Exemptions From Compliance With The EPA’s Renewable Fuel Standards

On June 25, 2021, the Supreme Court held 6-3 that the Clean Air Act authorizes the EPA to exempt a small refinery from compliance with the renewable fuel standards program, even if the small refinery had not received an exemption each year since the program commenced in 2011.

Client Alert | June 25, 2021

The Right to Breathe Clean Air: The European Judge Is Called Upon to Give a Decisive Ruling

A ruling by the Versailles Administrative Court of Appeal on 29 January 2021 could result in a historic ruling by the Court of Justice of the European Union (CJEU). Upon referral by the Court, the CJEU will be called upon to rule on the existence of a right to breathe clean air and on the liability incurred by the Member States of the European Union in the case of disregard of their obligations in terms of air quality.

Client Alert | June 23, 2021

Law360 Names Lauren Blas and David Fotouhi as 2021 Rising Stars

Los Angeles partner Lauren Blas and Washington, D.C. partner David Fotouhi were named among Law360’s Rising Stars for 2021 in their respective practice areas of Employment and Environmental law.

Firm News | June 3, 2021

Roundup Case Shows State Law Can Top Preemption Defense

Orange County partner Thomas Manakides and associate Joseph Edmonds are the authors of "Roundup Case Shows State Law Can Top Preemption Defense," [PDF] published by Law360 on June 1, 2021.

Article | June 2, 2021

Supreme Court Holds That Only Superfund-Specific Settlements Can Trigger Contribution Under CERCLA Section 113(f)(3)(B)

On May 24, 2021, the Supreme Court held 9-0 that only the resolution of CERCLA-specific liability could give rise to a contribution claim under the Superfund statute.

Client Alert | May 25, 2021

Webcast: Carbon Markets: What We Know and What to Expect

Join a panelist of Gibson Dunn lawyers for a discussion of cap and trade programs in the United States and Europe, and a forecast of what to expect for a U.S. carbon market under the Biden administration.

Webcasts | May 5, 2021

Congress on Track to Reject Trump EPA Revisions to Oil and Gas Methane Standards

On April 28, 2021, the U.S. Senate approved a resolution to repeal EPA’s 2020 policy amendments to regulations of upstream and midstream oil and gas operations. 

Client Alert | May 3, 2021

Water Rule Reinstatement Shows Specific Objections Are Key

Washington, D.C. partner David Fotouhi and associates Andrew Wilhelm and Amalia Reiss are the authors of "Water Rule Reinstatement Shows Specific Objections Are Key," [PDF] published by Law360 on April 28, 2021.

Publications | April 29, 2021

EPA and NHTSA Seek Public Comment on Reconsideration of Prior Actions Concerning California’s Authority to Enforce Greenhouse Gas Standards and Mandate Zero Emission Vehicles

On his first day in office, President Biden signed an Executive Order that directed his administration to focus on addressing climate change, and issued a mandate that certain agencies immediately review a number of agency actions from the previous administration regarding greenhouse gas (GHG) emissions.

Client Alert | April 27, 2021

What DC Circ.’s Finality Test Means For Biden Enviro Policies

Washington, D.C. partner David Fotouhi and associate Trenton Van Oss are the authors of "What DC Circ.'s Finality Test Means For Biden Enviro Policies," [PDF] published by Law360 on April 20, 2021.

Publications | April 21, 2021

Webcast: Biden’s EPA: The First 60 Days and Beyond

In this webcast, members of Gibson Dunn’s Environmental Litigation and Mass Tort practice group discuss significant recent developments and forecast what to expect from the Environmental Protection Agency under the new U.S. presidential administration.

Webcasts | March 23, 2021

Four Partners Named Among the 2021 Lawdragon 500 Leading Environmental & Energy Lawyers

Four Gibson Dunn partners were named among the 2021 Lawdragon 500 Leading Environmental & Energy Lawyers. This inaugural list recognizes lawyers who “represent the evolution of environmental law.” Los Angeles partner Patrick Dennis and Washington, D.C. partners Stacie Fletcher, Raymond Ludwiszewski and Daniel Nelson were recognized.

Firm News | March 19, 2021

Environmental Cases to Watch in the U.S. Supreme Court for 2021

Gibson Dunn lawyers highlight the central issues raised by two key environmental cases pending before the U.S. Supreme Court and provide expert analysis on the potential implications of the Court’s review, along with other cases to watch raising important environmental considerations.

Client Alert | March 18, 2021

U.S. EPA Releases Final Rule Tightening Emissions Limits for Power Plants in 12 States

On March 15, 2021, the U.S. Environmental Protection Agency issued a final rule that requires electric generating units (i.e., power plants) in 12 states to reduce ozone season nitrogen oxides emissions. This final rule, issued pursuant to a court-ordered deadline, is the first significant regulatory action finalized by the Biden EPA.

Client Alert | March 16, 2021

The Case of the Century – The French Administrative Court Issues a Groundbreaking Ruling on State Responsibility for Climate Change

On February 3, 2021, the Administrative Court of Paris ruled that a liability action brought by several environmental protection associations against the French State, seeking recognition of its failure to act against climate change, was admissible, that the ecological damage alleged by the associations was established and that the French State was partially responsible for it.

Client Alert | February 26, 2021

3 Key Environmental Takeaways From Biden’s First 30 Days

Washington, D.C. partner Stacie Fletcher, Los Angeles partner Abbey Hudson and Washington, D.C. associate Rachel Levick Corley are the authors of "3 Key Environmental Takeaways From Biden's First 30 Days," [PDF] published by Law360 on February 17, 2021.

Publications | February 18, 2021

Former U.S. EPA Acting General Counsel David Fotouhi Returns to Gibson Dunn’s D.C. Office

Gibson, Dunn & Crutcher LLP is pleased to announce that David Fotouhi has returned as a partner to the firm’s Washington, D.C. office. After serving for the past three and a half years in the Office of General Counsel at the U.S.

Press Releases | February 16, 2021

Department of the Interior’s New Migratory Bird Treaty Act Interpretive Rule in the Crosshairs

The Trump administration recently finalized a rule that clarifies that the incidental killing of migratory birds is not punishable under the Migratory Bird Treaty Act (MBTA).

Client Alert | January 13, 2021

California Air Resources Board Approves Significant Changes to Stationary Source Emissions Reporting Requirements, Increasing Number of Reportable Chemicals to 1,300

The California Air Resources Board (CARB) recently approved significant changes to the requirements for reporting emissions from stationary sources to help monitor air pollution at local levels.

Client Alert | December 1, 2020

California Air Resources Board Releases Draft Annual Evaluation of Fuel Cell Electric Vehicle & Hydrogen Fuel Station Network Deployment

In 2013, California set hydrogen infrastructure targets to promote development and growth of the fuel cell electric vehicle (FCEV) and hydrogen fueling market. Yesterday, the California Air Resources Board (CARB) released a draft annual report that analyzes the industry’s current status and near-term outlook, and recommends “actions necessary to maintain progress and enable continued future expansion.”

Client Alert | November 18, 2020

California Air Resources Board Urges Self-Disclosure of Non-Compliant Software and Regulatory Violations by December 31, 2020

On October 14, 2020, the California Air Resources Board (CARB) issued a letter to light-, medium-, and heavy-duty vehicle and engine manufacturers encouraging industry to report any hardware or software changes made to their vehicles or engines if such changes (i) affect emissions and (ii) were not previously or properly disclosed to CARB.

Client Alert | October 14, 2020

13 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 13 Gibson Dunn partners as the 2021 Lawyer of the Year in their respective practice areas and cities: Frederick Brown – San Francisco – Trademark Law Lawyer of the Year, Jessica Brown – Denver – Employment Law – Management Lawyer of the Year, Christopher Dillon – San Jose – Corporate Law Lawyer of the Year, Baruch Fellner – Washington, D.C. – Litigation – Labor and Employment Lawyer of the Year, Stewart McDowell – San Francisco – Banking and Finance Law Lawyer of the Year, Peter Modlin – San Francisco – Litigation – Environmental Lawyer of the Year, Kenneth Parker – Orange County – Litigation – Patent Lawyer of the Year, Doug Rayburn – Dallas – Securities/Capital Markets Law Lawyer of the Year, Douglas Smith – San Francisco –

Firm News | August 20, 2020

NEPA Review Revamp: What Developers Should Expect from the CEQ’s New Rule and the Incoming Litigation Storm-Front

After 40 years without an update, the White House Council on Environmental Quality (CEQ) has recently revamped its National Environmental Policy Act (NEPA) implementing regulations.

Client Alert | August 3, 2020

Gaps in the EPA’s COVID-19 Temporary Enforcement Policy: What Regulated Entities Should Consider as Compliance Issues Arise Due to the Pandemic

Since the U.S Environmental Protection Agency (EPA) issued its “Temporary COVID-19 Enforcement Policy” on March 26th, many regulated entities have successfully obtained extensions of consent decrees and other deadlines.

Client Alert | May 27, 2020

COVID-19 and Personal Injury Tort Liability: Preliminary Considerations for Businesses

As governments contemplate lifting COVID-19 restrictions, businesses looking to reopen their doors face numerous questions about the legal risks of operating in the midst of a pandemic.  Some of the most pressing concerns include identifying the precautions needed to avoid transmission of the virus to employees, customers, or others in proximity to their operations and the potential for liability if individuals become severely ill or die from a COVID-19 infection. 

Client Alert | May 4, 2020

Supreme Court Holds That Clean Water Act May Require Permits For Some Indirect Discharges Of Pollutants Via Nonpoint Sources

On April 23, 2020, the Supreme Court held 6-3 that the Clean Water Act requires a permit for the indirect discharge of pollutants from point sources to navigable waters via nonpoint sources, such as groundwater, if the discharge is the functional equivalent of a direct discharge. 

Client Alert | April 23, 2020

Supreme Court Holds That Superfund Site Landowners Need EPA Approval To Obtain State-Law Cleanup Remedies

On April 20, 2020, the U.S. Supreme Court held 7-2 that landowners at Superfund toxic waste sites must obtain EPA approval before seeking damages under state law for cleanup beyond what EPA has ordered. 

Client Alert | April 20, 2020

Calif. Organic Waste Regs Mean Sweeping Changes For Cos.

Los Angeles partner Abbey Hudson, Los Angeles associate Dione Garlick and Orange County associate Mark Tomaier are the authors of "Calif. Organic Waste Regs Mean Sweeping Changes For Cos." [PDF] published by Law360 on April 9, 2020.

Publications | April 10, 2020

The PREP Act Provides Limited Liability Protection for Certain Coronavirus Countermeasures

On March 17, 2020, Alex Azar, Secretary of Health and Human Services, issued a Declaration activating the Public Readiness and Emergency Preparedness Act (PREP Act, extending immunity “from suit and liability under federal and state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from” administration or use of qualifying products used to combat or reduce the spread of COVID-19.

Client Alert | April 6, 2020

EPA and NHTSA Finalize New Standards for Automobile Fuel Economy and GHG Emissions

On March 31, 2020, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued new standards for automobile fuel economy and greenhouse gas (GHG) emissions for model year (MY) 2021 through MY 2026 vehicles.

Client Alert | March 31, 2020

Community Shared Solar: Promising Option For Calif. Builders

Los Angeles partner Abbey Hudson, Los Angeles associate Dione Garlick and Palo Alto associate Collin James Vierra are the authors of “Community Shared Solar: Promising Option For Calif.

Publications | February 27, 2020

New York Lengthens the Limitations Period for Public Water Suppliers to Sue for Alleged Water Contamination

In early November 2019, New York Governor Andrew Cuomo signed a new measure lengthening the statute of limitations period for public water suppliers to sue for water contamination.

Client Alert | November 13, 2019

Who’s Who Legal Practice Guides Recognize Six Gibson Dunn Attorneys in Capital Markets, Government Contracts, and Environment in 2019

Six Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. The Who’s Who Legal Capital Markets 2019 guide recognized Dallas partner Douglas Rayburn.

Firm News | November 6, 2019

Stacie Fletcher and Katherine Smith Named Among Americas Rising Stars

Euromoney Legal Media Group named two partners to its 2019 Americas Rising Stars list. Washington D.C. partner Stacie Fletcher was named “Best in Environment,” and Los Angeles partner Katherine Smith was awarded “Best in Labor & Employment.” The awards were announced on September 12, 2019.

Firm News | September 13, 2019

Five Partners Named Among Top Women in Litigation

Benchmark Litigation named Perlette Jura, Andrea Neuman, Elizabeth Papez, Deborah Stein and Meryl Young to its 2019 list of the Top 250 Women in Litigation, which recognizes America’s leading female trial lawyers.

Firm News | August 15, 2019

Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020

The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.

Firm News | August 15, 2019

Gibson Dunn Ranked in 2019 U.S. Legal 500

Gibson Dunn earned 54 practice area rankings, including 18 top-tier rankings in the 2019 edition of The Legal 500 – United States, and 32 partners were named Leading Lawyers in their respective practices with an additional 15 partners recognized as Next Generation Lawyers and two attorneys recognized as Rising Stars.

Firm News | July 11, 2019

New York State Enacts Sweeping Emissions Reduction Law

Last week, the New York State Legislature passed the Climate Leadership and Community Protection Act, Senate Bill S6599 (“CLCPA”). It is considered to impose “the most aggressive legal mandate in the country” for emissions reduction.

Publications | June 25, 2019

Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.

Firm News | April 25, 2019

U.S. EPA Finalizes New Owner Clean Air Act Audit Program Tailored for the Oil and Natural Gas Sector

On March 29, 2019, the U.S. Environmental Protection Agency finalized the New Owner Clean Air Act Audit Program (the “Program”) for the oil and natural gas sector. Under the Program, new owners of upstream exploration and production sites can seek complete civil penalty mitigation in exchange for auditing their sites for Clean Air Act violations, disclosing any violations, and correcting those violations on an agreed timeline.

Client Alert | April 3, 2019

Law360 Names Gibson Dunn Among Its Environmental 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its five Environmental Groups Of The Year [PDF] for 2018. The firm was recognized for “[scoring] several high-profile victories in environmental litigation in 2018.” The firm’s Environmental practice was profiled on January 28, 2019.

Firm News | January 28, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

EPA and the Army Corps of Engineers Propose to Redefine “Waters of the United States” as Regulated Under the Clean Water Act

On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers announced that they will be publishing for public comment a proposed rule to define the scope of waters federally regulated under the federal Clean Water Act (CWA).

Client Alert | December 21, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

Three Gibson Dunn Partners Recognized Among Americas Rising Stars

Euromoney Legal Media Group recognized three Gibson Dunn partners among its inaugural list of Americas Rising Stars. Blaine Evanson was named Best in Litigation: Appellate; Stacie Fletcher was named Best in Environment; and John Partridge was named Best in Life Sciences.

Firm News | September 27, 2018

EPA & NHTSA Issue SAFE Vehicles Rule, Proposing Changes to Vehicle GHG Limits and Revocation of California Waiver

On August 2, 2018, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued a notice of proposed rulemaking (NPRM), the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule), relating to the national automobile fuel economy and greenhouse gas (GHG) emissions standards set by EPA for cars and light-duty trucks.

Client Alert | August 2, 2018

EPA Amendments to the Coal Ash Rule

Click on PDF On July 30, 2018, the Environmental Protection Agency ("EPA") published a final rule amending the national minimum criteria for existing and new landfills and surface impoundments that contain coal combustion residuals ("CCR"), also known as coal ash.

Client Alert | July 31, 2018

Gibson Dunn Named Winner in Three Categories for D.C. Litigation Department of the Year

National Law Journal’s 2018 D.C. Litigation Department of the Year contest recognized Gibson Dunn as co-winner in the General Litigation [PDF] and Labor & Employment [PDF] categories and the winner in the Products Liability/Mass Torts [PDF] category.

Firm News | May 29, 2018

Delaware Supreme Court Holds That Forum Non Conveniens Dismissals Do Not Require An Alternative Available Forum

On March 22, 2018, in a 4-1 opinion, the Delaware Supreme Court held that where defendants have demonstrated that litigating in Delaware would result in an overwhelming hardship to defendants, Delaware courts may dismiss suits under the doctrine of forum non conveniens even if no alternative forum is available.

Client Alert | March 22, 2018

EPA In The Trump Era: Settling Mandatory Duty Lawsuits

Washington, D.C. partner Avi Garbow is the author of "EPA In The Trump Era: Settling Mandatory Duty Lawsuits," [PDF] published by Law360 on February 22, 2018.

Article | February 22, 2018

Webcast – Challenges in Compliance and Corporate Governance -14th Annual Briefing

In this webcast, a panel reviews key regulatory and corporate governance developments in 2017 and offers valuable insight on how to address challenges forecasted for 2018.

Webcasts | January 24, 2018

Supreme Court Says That Challenges to “Waters of the United States” Rule Must Be Filed in Federal District Court

National Association of Manufacturers v. Department of Defense, No. 16-299 Today, the Supreme Court unanimously held that challenges to an agency rule defining the “waters of the United States” under the Clean Water Act must be filed in federal district court, not in the federal courts of appeals.

Client Alert | January 22, 2018

2017 Year-End Environmental Update for the Oil & Gas Industry

With the beginning of a new presidential administration, 2017 was a year of notable transition in key areas of environmental law and policy. Not surprisingly, few sectors experienced that transition more than the oil and gas sector.

Client Alert | January 22, 2018

A New Approach To Climate Analysis Under NEPA?

​Washington, D.C. partner Avi Garbow and Los Angeles associates Abbey Hudson and Marissa Moshell are the authors of "A New Approach To Climate Analysis Under NEPA?" [PDF] published by Law360 on November 2, 2017.

Article | November 2, 2017

CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

​Orange County partner Thomas Manakides and Los Angeles associate Alexander Swanson are the authors of "CERCLA's Jurisdictional Bar to Medical Monitoring Claims," published by Law360 on August 18, 2017.

Article | August 18, 2017

What to Expect From CAA Risk Management Program Delay

​San Francisco partner Peter Modlin and associate Courtney Chin are the authors of "What To Expect From CAA Risk Management Program Delay," [PDF] published by Law360 on June 5, 2017.

Article | June 5, 2017

Regulatory Reform Agenda Opens Door For Public Input

​Washington, D.C. partner Avi Garbow and associate Bryson Smith are the authors of "Regulatory Reform Agenda Opens Door For Public Input," [PDF] published by Law360 on May 4, 2017.

Article | May 4, 2017

A Rising Tide Of Proposed Chemical Disclosure Laws

​Orange County partner Thomas Manakides and associate Krista deBoer are the authors of "A Rising Tide of Proposed Chemical Disclosure Laws," [PDF] published by Law360 on April 12, 2017.

Article | April 12, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Environmental Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence while assessing how he might affect the Supreme Court should the Senate approve his nomination.

Client Alert | March 17, 2017

Fourth Circuit Uranium Mining Ruling Narrows Federal Preemption

​Washington, D.C. partner Michael Murphy is the author of "Fourth Circuit Uranium Mining Ruling Narrows Federal Preemption," [PDF] published by Law360 on March 8, 2017.

Article | March 8, 2017

Canadian Court Upholds Chevron’s Corporate Separateness and Its Right to Defend Against Judgment Obtained by Fraud

On January 20, 2017, the Ontario Superior Court of Justice granted summary judgment in favor of Chevron Canada Limited ("Chevron Canada") and partial summary judgment in favor of Chevron Corporation in Yaiguaje et al v. Chevron Corporation et al.  In Canada, Ecuadorian plaintiffs sought to recognize and enforce a fraudulent judgment obtained in Ecuador against Chevron Corporation.  And to collect on that judgment, the plaintiffs were attempting to seize the assets of Chevron Corporation's seventh-level subsidiary, Chevron Canada.  Finding that Chevron Corporation and Chevron Canada are "separate legal entities with separate rights and obligations," however, the court dismissed the plaintiffs' attempts to hold Chevron Canada liable.  Indeed, the Court

Client Alert | January 27, 2017

Will Trump unravel the EPA?

​Los Angeles partner Jeffrey Dintzer and Los Angeles associate Eric Cohen are the authors of "Will Trump unravel the EPA?" [PDF] published on December 27, 2016 in the Daily Journal.

Article | December 27, 2016

CPP Rollback May Impact SO2 Emissions Trading Markets

​Washington, D.C. associate David Fotouhi is the author of "CPP Rollback May Impact SO2 Emissions Trading Markets," [PDF] published by Law360 on December 16, 2016.

Article | December 16, 2016

Confronting EPA’s Refusal To Consider Industry Costs

​Los Angeles partner Jeffrey Dintzer and associate ​Joseph Ireland are the authors of "Confronting EPA’s Refusal To Consider Industry Costs" [PDF] published on October 31, 2016 by Law360.

Article | October 31, 2016

Individual Issues Predominate In Toxic Tort Class Actions

​Orange County partner Thomas Manakides and associate Ryan Card are the authors of "Individual Issues Predominate In Toxic Tort Class Actions" [PDF] published on October 4, 2016 by Law360.

Article | October 4, 2016

On The Horizon: Revisions To Prop 65 Warning Regulations

​Los Angeles associate Vanessa Adriance is the author of "On The Horizon: Revisions To Prop 65 Warning Regulations" [PDF] published on August 31, 2016 by Law360.

Article | August 31, 2016

Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ. Win

​Los Angeles partners William Thomson and Kahn Scolnick, and associate Dylan Mefford are the authors of "Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ.

Article | August 19, 2016

Chevron Earns Decisive Victory in Second Circuit Civil RICO Appeal Concerning Corrupt Scheme to Obtain $9.5 Billion Ecuadorian Judgment Through Bribery and Fraud

On August 8, 2016, a unanimous panel of the United States Court of Appeals for the Second Circuit affirmed the judgment in favor of Chevron Corporation in Chevron Corp. v.

Client Alert | August 9, 2016

The Broken Science Behind Proposition 65

​Los Angeles partner Jeffrey Dintzer and associate Dana Lynn Craig are the authors of "The Broken Science Behind Proposition 65" [PDF] published on August 8, 2016 by Law360.

Article | August 8, 2016

Eliminating Ultrahazardous Activity Liability In Enviro Cases

​Orange County partner Thomas Manakides and associate Joseph Edmonds are the authors of "Eliminating Ultrahazardous Activity Liability In Enviro Cases" [PDF] published on July 26, 2016 by Law360.

Article | July 26, 2016

Judge Calls on Congress to Fix CERCLA

Los Angeles partner Jeffrey Dintzer and associate Dana Lynn Craig are the authors of "Judge Calls on Congress to Fix CERCLA" [PDF] published on June 30, 2016 by Daily Journal.

Article | June 30, 2016

Calif. Asbestos Case Opens Door For Shaky Expert Opinions

Orange County partner Thomas Manakides and associate Kandice Kovac are the authors of "Calif. Asbestos Case Opens Door For Shaky Expert Opinions" [PDF] published on May 24, 2016 by Law360.

Article | May 24, 2016

A Smarter Approach To Renewable Energy Reliance In Calif.

​Los Angeles partner Jeffrey Dintzer and associate Dione Garlick are the authors of "A Smarter Approach To Renewable Energy Reliance In Calif." [PDF] published on May 2, 2016 by Law360. 

Article | May 2, 2016

Emerging Trends In Climate Change Litigation

​Washington, D.C. partner Peter Seley and associate Richard Dudley are the authors of "Emerging Trends In Climate Change Litigation" [PDF] published on March 7, 2016 by Law360.

Article | March 7, 2016

The CPUC’s Realistic Approach Toward Energy Security

​Los Angeles partner Jeffrey Dintzer and associate Elizabeth Schmitz-Robinson are the authors of "The CPUC's Realistic Approach Toward Energy Security" [PDF] published on January 29, 2016 by Law360.

Article | January 29, 2016

Why Calif. Courts Won’t Certify Toxic Tort Class Actions

​Orange County partner Thomas Manakides, and associates Jennafer Tryck and Krista deBoer are the authors of "Why Calif. Courts Won't Certify Toxic Tort Class Actions" [PDF] published on January 20, 2016 by Law360.

Article | January 20, 2016

The Unrealized Promise Of Rule 26 Amendments

​Washington D.C. partner Peter Seley and associate Bryson Smith are the authors of "The Unrealized Promise Of Rule 26 Amendments" [PDF] published on December 2, 2015 by Law360.

Article | December 2, 2015

Recent Trends In Environmental Nuisance Law

​Los Angeles partner Matthew Hoffman and associates Abbey Hudson and Sheldon Evans are the authors of "Recent Trends In Environmental Nuisance Law" [PDF] published on November 17, 2015 by Law360.

Article | November 17, 2015

The EPA and the Clean Power Plan: A Paradigm Shift in Energy Regulation Away From Energy Regulators

​Washington, D.C. partner William Scherman and associate Jason Fleischer are the authors of "The EPA and the Clean Power Plan: A Paradigm Shift in Energy Regulation Away From Energy Regulators" [PDF] published on November 16, 2015 by the Energy Law Journal

Article | November 16, 2015

Curtailing Retroactive Liability Should Fall To Courts

​Orange County partner Thomas A. Manakides and associate Joseph D. Edmonds are the authors of "Curtailing Retroactive Liability Should Fall To Courts" [PDF] published on October 20, 2015 by Law360.

Article | October 20, 2015

Proposed Methane Rules Show EPA Coming Around on Fracking

​Los Angeles partner Jeffrey D. Dintzer and associate Nathaniel P. Johnson are the authors of "Proposed Methane Rules Show EPA Coming Around on Fracking" [PDF] published in the October 2015 issue of the Environmental Litigation and Toxic Torts Committee Newsletter.

Article | October 1, 2015

9th Circ. Cracks Door Ajar To Imputed Jurisdiction

​Los Angeles partner William E. Thomson and associate Dylan Mefford are the authors of "9th Circ. Cracks Door Ajar To Imputed Jurisdiction" [PDF] published on September 21,2015 by Law360.

Article | September 21, 2015

Gold King Mine Spill Points To EPA Institutional Failure

​Los Angeles partner Jeffrey D. Dintzer and associate Matthew C. Wickersham are the authors of "Gold King Mine Spill Points To EPA Institutional Failure" [PDF] published on September 9, 2015 by Law360.

Article | September 9, 2015

Inside EPA’s Plan For Reducing Methane Emissions

​Washington D.C. partner Stacie Fletcher and associate David Schnitzer are the authors of "Inside EPA's Plan For Reducing Methane Emissions " [PDF] published on August 20, 2015 by Law360.

Article | August 20, 2015

Do CERCLA Cost Recovery And Contribution Rights Overlap?

​Washington D.C. partner Michael Murphy and associate David Fotouhi are co-authors of "Do CERCLA Cost Recovery And Contribution Rights Overlap? " [PDF] published on August 7, 2015 by Law360.

Article | August 7, 2015

European Commission Launches State Aid Sector Inquiry into Member States’ Energy Capacity Mechanisms

1.       INTRODUCTION1.1    In April this year, the European Commission (the "Commission") launched an unexpected State aid sector inquiry (the "Sector Inquiry") into capacity mechanisms.

Client Alert | July 20, 2015

U.S. Supreme Court Issues Important Decision Regarding Agencies’ Duty to Consider Costs in Rulemaking

On the last day of its Term, the Supreme Court of the United States issued a decision that is likely to be an important precedent in litigation challenging agency rules that impose unreasonable costs.

Client Alert | June 29, 2015