Friday, October 24, 2014

BNA INSIGHTS: Congress Missing in Action as Courts Back Clean Air Act Curbs on Emissions

Federal rules to limit greenhouse gas emissions are likely here to stay. That, the authors of this article say, is the unambiguous message of the June 26 decision by the U.S. Court of Appeals for the District of Columbia Circuit upholding Environmental Protection Agency regulations under the Clean Air Act to control greenhouse gas emissions from motor vehicles, utilities, and industrial sources…

BNA INSIGHTS: Is the Tide Turning for Plaintiffs in Privacy Class Actions?

The last several years have witnessed an unprecedented number of high profile data security breaches and other privacy-related mishaps, garnering tremendous media attention and spawning a seemingly endless flood of class action litigation alleging the unauthorized acquisition, use or disclosure of personal data. But for all of the headlines these events have garnered, they have consistently failed to translate into tangible victories for the plaintiffs’ bar.

Environmental Groups Sue to Force EPA to Set Emissions Standards for Coal Mines

December 1, 2011 in World Climate Change Report · Leave a Comment 

Environmental groups have filed a lawsuit to force the Environmental Protection Agency to establish new source performance standards for emissions of methane and other pollutants from coal mines…

EPA Revises Allowances for HCFCs Based on 2010 Appeals Court Decision

The Environmental Protection Agency on Aug. 5 revised consumption and production allowances for hydrochlorofluorocarbons (HCFCs) in 2011, issuing an interim final rule that sets company-by-company baselines for HCFC-22 and HCFC-142b…

BNA INSIGHTS: U.S. Supreme Court Strikes Down Vermont Prescription Data Mining Law

In a clear and resounding victory for data mining companies, the U.S. Supreme Court June 23 struck down a Vermont law prohibiting pharmaceutical companies from buying or using prescription data for marketing purposes…

BNA INSIGHTS: The Supreme Court’s AEP Decision on Legislative Displacement of Federal Common Law Nuisance Claims and Its Implications for Climate Change Tort Litigation

In American Electric Power v. Connecticut, the U.S. Supreme Court decided what many observers believe was an important environmental case. The authors argue that the AEP decision could have important implications, particularly with the court’s lack of a precedential holding on standing, and because the decision did not address state tort claims. AEP left a number of issues unresolved, they contend, and state and federal courts, regulators, and legislators will continue to grapple with the question of whether and how to address climate change in the months and years to come…

BNA INSIGHTS: Mind the Gap: U.S. Discovery Demands versus EU Data Protection

The rising tide of globalization has meant that, more frequently than ever before, multinational corporations must navigate between U.S. litigation discovery demands seeking the production of documents and information located in the European Union and EU data protection requirements. The authors examine the arguments available in U.S. litigation for resolving conflicting laws, and suggest what they describe as a practical approach that lawyers and business people can take to try to navigate through the rocky shoals of U.S. discovery obligations (the proverbial “rock”) and EU data protection authorities (the proverbial “hard place”). Notwithstanding conflicting obligations, there are means today to navigate this legal morass, according to the authors, who suggest a way forward.

Court Blocks California Cap-And-Trade Program Until New Environmental Analysis Completed

The California Air Resources Board must not take any additional steps to implement its planned greenhouse gas emissions cap-and-trade program until the agency completes an adequate environmental analysis of the program, a state court ruled May 20…

Oil, Gas Industry Groups File Petitions over EPA Greenhouse Gas Reporting Rules

February 7, 2011 in World Climate Change Report · Leave a Comment 

WASHINGTON, D.C.—Three industry groups have filed petitions with the U.S. Court of Appeals for the District of Columbia Circuit aimed at changing elements of an Environmental Protection Agency rule that will require oil and natural gas companies to report their greenhouse gas emissions…

D.C. Circuit Court Lifts Stay of EPA Takeover of Texas Greenhouse Gas Permitting Program

January 13, 2011 in World Climate Change Report · Leave a Comment 

WASHINGTON, D.C.—A federal appeals court Jan. 12 lifted an emergency stay that had blocked the Environmental Protection Agency from taking over Texas’s greenhouse gas permitting program…

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