Gifford v. USGBC - Dismissed (But Not on the Merits)

By J. Wylie Donald, Partner, McCarter & English One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand in the Southern District of New York in the closely...

Flooding from Irene: Whither the Flood Plain?

By J. Wylie Donald, Partner, McCarter & English My train this morning usually continues to New York. Today it terminated in Philadelphia, a victim of the deluge delivered by Hurricane Irene. Amtrak explained: Most Northeast Regional service will operate south of Philadelphia, but no Acela Express...

The Sun No Longer Shines on Solar Panel Maker Solyndra Llc - Bankruptcy and the FBI

By J. Wylie Donald , Partner, McCarter & English Well, it was only a matter of time before renewable energy hit the mainstream. By which we mean that the bloom comes off the road as the rubber hits the rose. Yesterday the FBI raided the headquarters of bankrupt Solyndra LLC , which formerly "...

McCarter and English on Chinese Drywall Litigation Continues

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the...

Wind Projects: Bald Eagles Don't Surf

By J. Wylie Donald, Partner, McCarter & English One would think that preliminary estimates of bird fatalities at a proposed 78 MW wind farm in southeastern Minnesota were hardly news. After all, there are over 60,000 MW of wind energy installed in the United States. But the Wall Street Journal...