The U.S. Court of Appeals for the District of Columbia Circuit (“DC Circuit”) eased restrictions on recyclers and generators of recyclable materials by striking parts of the EPA’s latest rule relating to the definition of “solid waste”. The DC Circuit (with one judge dissenting), issued American Petroleum Institute v EPA, the most recent development in […]Read more "DC Circuit Strikes Parts of EPA’s “Solid Waste” Rule"
The U.S. Court of Appeals for the District of Columbia Circuit (“DC Circuit”) ruled that EPA could not issue a stay of new source performance standards regulating fugitive emissions from oil and gas operations (“Methane Rule”). With this ruling, the Methane Rule remains in effect. Staying a Rule Is Rulemaking The Methane Rule became effective […]Read more "DC Circuit Says EPA Cannot Stay Methane Rule"
On June 14, 2017, the Michigan Attorney General (“AG”) filed manslaughter charges against five current or former government officials. The charges stem from the death of a Flint resident from Legionnaire’s Disease. Criminal charges against government officials generally make headlines, as do charges against businesses or their managers. Against one official, the charges assert that […]Read more "Manslaughter Charges in Flint, Michigan Water Controversy: What Ramifications for Businesses?"
In Longview Energy v. Huff, the Texas Supreme Court determined that Longview’s evidence of revenue that others received due to an alleged breach of fiduciary duty did not entitle Longview to recover. Longview needed to prove ill-gotten profit, not just ill-gotten revenue. Instead of the nearly $100 million found by the jury, Longview gets nothing. […]Read more "Ill-Gotten Revenue Is Not Ill-Gotten Profit; Plaintiff Loses $100 Million Award"
On June 5, 2017, Attorney General Sessions issued a one page memorandum (“the Sessions Memo”), stating that the Department of Justice (“DOJ” ) will no longer agree to settlements that include “payments” by a defendant to a third party organization. The prohibition applies to civil suit settlements, plea agreements, and deferred prosecution agreements. The prohibition […]Read more "Does New DOJ Policy Threaten the Use of Supplemental Environmental Projects?"
By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts. The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost. The factors are: Likely benefit of requested discovery; Needs of the case; […]Read more "Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes"
The Texas Supreme Court, in Lightning Oil v. Anadarko, determined that Anadarko’s drilling would not be a trespass, even though the drilling would penetrate Lightning Oil’s mineral leasehold. A surface owner allowed Anadarko, an energy company, to install a horizontal well. Anadarko did not own the minerals below this surface tract; the well was to […]Read more "Texas Supreme Court Takes Flexible Approach to Subsurface Rights"