On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause events beyond the parties’ control have mooted this appeal, leaving the district court’s judgment undisturbed would not serve the public…
Today, our colleagues Jenny Sheng and Julian Zou published a client alert discussing China’s recent restrictions on outbound investments by Chinese companies in certain industries. Among other things, they encourage Chinese firms and foreign investors engaged in overseas investments to be aware of these new trends and to prepare to adjust…
On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth Circuit held that “potential or contingent penalties” are not obligations under the…
On December 12, the U.S. Court of Appeals for the Seventh Circuit issued a ruling holding that a lower court’s decision dismissing the federal government’s civil claim that the defendants were at fault in connection with a spill of clarified slurry oil had preclusive effect upon the government’s later-filed criminal…
Below is a snapshot of the Water Infrastructure Improvements for the Nation Act (S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is entitled, “Water Resources Development.” Section 1104 provides that the Secretary of the Army (Secretary)…
On December 8, the U.S. Court of Appeals for the Tenth Circuit decided the case of United States v. Board of County Commissioners of Otero County, New Mexico. The Tenth Circuit held that a New Mexico statute and resolution adopted by the Otero County Board of County Commissioners (Board) which purported…
The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage when damage is the result of multiple events—so long as at least one of them is a covered…
On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government defendants following a painstaking review of the National Environmental Policy Act (NEPA) arguments lodged by Japanese Village,…
Today, our colleagues Kevin Ashe and Rebecca Lee published an alert on the Environmental Protection Agency’s recent listing of certain chemicals as subject to review for risks to human health and to the environment. EPA’s actions follow recent amendments to the Toxic Substances Control Act requiring it to timely complete risk assessments for chemicals…
On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally regulated rail carrier but performed by a contractor rather than the carrier itself.” The…