A pioneering survey has found that Indigenous participation in Canada’s clean energy economy has grown rapidly over the past 20 years, in all regions of the country. Lumos Clean Energy Advisors (Lumos), an advisor to First Nations, Métis and Inuit communities, undertook a review of national research and drew on the company’s database of clean...… Continue Reading
A new chapter opened last week in the perennial water wars between Georgia and Florida.  After briefing by both sides, including amici, relative to whether Special Master Ralph Lancaster correctly decided that Florida had failed to carry its burden in this original jurisdiction action, the Supreme Court in an October 10, 2017 Order granted oral...Continue Reading…

Once large infrastructure projects, such as oil and natural gas pipelines, receive federal government approval, they are often the target of legal challenges from opposition groups. Opponents repeatedly argue that the environmental review, pursuant to the National Environmental Policy Act (NEPA), was insufficient. If a court finds deficiencies in the government’s NEPA analysis, can a court halt construction or cease operations even after years of project design, permit approvals at all levels of government, and tens of millions of dollars in investment? This question was at the heart of the ongoing litigation involving the controversial Dakota Access Pipeline (DAPL), and, on October 11, Judge James Boasberg determined “no,” the court would not shut down the pipeline. This case is important precedent for projects being challenged under NEPA. … Continue Reading

The post Federal Judge Declines to Shut Down Dakota Access Pipeline While Corps Corrects Errors in Environmental Review appeared first on The Nickel Report.

October Miss. Jury Verdict Reporter Preview Here is a preview of the October 2017 issue of the Miss. Jury Verdict Reporter: $1,128,744 verdict- Coahoma County medical malpractice trial mentioned here (3/30/17); defense verdict- Lamar County car wreck case (8/30/17); defense verdict- Grenada County medical malpractice trial covered here (8/18/17); defense verdict- Jackson federal court employment retaliation case (8/31/17); defense verdict- Lee… Continue Reading
Why Advocacy Matters

Today’s guest-post is from Laura Morgan-Kessler of Van Scoyoc Associates. It is almost impossible to turn on the news or open your twitter feed today without seeing words like gridlock, partisan, or contentious used to describe the current climate in Washington, D.C. The constant negativity surrounding the events and activities in our nation’s capital has led...… Continue Reading

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The Defend Trade Secrets Act at Year One By Jessica Engler This article originally appeared in the Fall 2017 edition of DRI’s In-House Defense Quarterly On March 11th of this year, the Defend Trade Secrets Act (DTSA) celebrated the one-year anniversary of its enactment.  The DTSA, 18 U.S.C. Section 1831, et seq. expanded the federal legal protection for holders of trade secrets presently... Continue Reading...
On October 10, EPA Administrator Scott Pruitt signed a proposal to repeal the Clean Power Plan (CPP).  The CPP was one of the Obama Administration’s signature environmental regulatory initiatives, designed to reduce CO2 emissions from fossil-fueled electric generating stations.  The repeal proposal asks for public comments within 60 days from the day it is published...Continue Reading…
On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”).  It is likely that the Service’s “not warranted” findings represent the Trump administration’s departure from the previous administration’s  90-day determinations wherein the Service...… Continue Reading
Update on the Proposed Repeal of the Clean Power Plan As anticipated, on October 10 the EPA signed a proposed rule to repeal the Clean Power Plan rules for existing stationary sources. The proposed rule concludes that the Clean Power Plan exceeds EPA’s authority under Section 111(d) of the Clean Air Act by regulating emissions by (among other approaches) substituting generation from lower-emitting existing natural gas combined...Continue Reading…