Powder River Basin Resource Council v. Wyoming Oil & Gas Conservation Commission
A district court held that individual ingredients of hydraulic fracturing formulas are trade secrets and do not need to be publicly disclosed. The Wyoming Public Records Act does not define trade secrets, but the Wyoming oil and gas commission's policy for evaluating trade secrets is reasonable and ...
Natural Resources Defense Council, Inc. v. United States Food & Drug Administration
The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap. As to triclosan, standing may be based on exposure to a potential...
Deepwater Horizon
The Fifth Circuit held that Transocean's primary and excess-liability insurers must cover BP's pollution-related liabilities deriving from April 2010 oil spill in the Gulf of Mexico. Under Texas law, the umbrella insurance policy—not the indemnity provisions of Transocean's and BP's contract—con...
Dow AgroSciences LLC v. National Marine Fisheries Service
The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...